With the increased demand for e-commerce, more delivery trucks are on the road than ever before. Unfortunately, as with any significant increase in traffic, more collisions involving Amazon vehicles are also happening than ever before. Particularly in the case of Amazon, these delivery vehicles are on our neighborhood streets and operating on extremely tight schedules.
If you or a loved one has been hurt in a collision with an Amazon vehicle, we may be able to help. Call today for a free and confidential case evaluation with our Buffalo accident lawyer.
Frequency of Amazon Delivery Accidents in Buffalo
According to a report by Occupational Health & Safety, injury rates among Amazon’s delivery drivers have increased. A particular rise has been seen in drivers employed by third-party delivery service partners. In 2021, an astounding 20% of third-party delivery service partners sustained injuries, which was a sizable increase in comparison to the previous year.
The injury rate of Amazon drivers was found to be higher than drivers in the delivery service industry as a whole. Third-party delivery service partners tend to be small businesses that are contracted exclusively by Amazon to provide fulfillment of orders.
Without standardized safety policies and training methods, the variability can be a potential cause of the increased risk to drivers. Amazon drivers have an average of fulfilling almost 400 deliveries daily. These high quotas, combined with repetitive tasks and time-based metrics, can be attributable to the frequency of Amazon delivery accidents.
Determination of Liability in Amazon Delivery Accidents
Amazon has a tendency to try and pass off liability by claiming that its delivery drivers are independent delivery service drivers or “Amazon Flex” drivers. The distinction that they are attempting to make with this defense is that the drivers are independent contractors, and thus, Amazon does not assume the liability for accidents they cause.
Whether or not that comes into play will typically first start with the status of the driver. For example, if a driver has adequate insurance coverage, their liability may be straightforward in the request for damages. Their insurance, in this case, would become the source of funding, and so, if recognized by the insurer, the accident can be filed as a third-party claim and paid out by the insurer.
The more complex situation comes into play when the insurance by the driver is not adequate or if the injuries sustained by the victim are so great that insurance is not enough to cover. First, suppose the driver was employed by a third-party delivery service partner contracted by Amazon. In that case, the delivery service partner may have increased funds or even a larger insurance policy that can serve as an additional source of potential recovery. If not, it may be worth challenging the assertion that Amazon is directly liable, as there have been courts who have found the independent contractor defense to be a farce. Some courts have found that Amazon exercised enough control over the operations of delivery service partners that it would be responsible for the actions of those drivers.
Damages in Buffalo Amazon Delivery Accidents
Damages refer to the recoverable compensation a victim may claim for the injuries sustained as a result of the accident. The two categories into which damages typically fall are economic and non-economic.
Economic damages tend to be quantifiable and are more easily measurable as being directly related to the accident. These damages include:
- Medical Expenses: Current and future medical bills, including hospital stays, surgeries, medications, and medical devices.
- Lost Wages: Income lost due to the inability to work. This may include potential future earnings if the victim suffers from long-term disability.
- Property Damage: Repairs to the vehicle or replacement if the car is totaled.
Non-economic damages are not as directly measurable and may require experts to testify and provide an accurate valuation of the extent of these indirect damages. Non-economic damages include:
- Pain and Suffering: Compensation for the pain and physical discomfort affecting the life of the victim
- Emotional Distress: Any psychological issues that may be attributable to the accident, such as anxiety, depression, and posttraumatic stress disorder.
- Loss of Enjoyment of Life: Recovery representing any hobbies or daily activities the victim once enjoyed that they will no longer be able to.
- Loss of Consortium: Damages representing the impact of the accident on the victim and his loved ones, including sexual and emotional relations with a spouse.
If you are a victim of an Amazon delivery truck accident, you may be feeling lost and confused about the next steps to take. At Towey Law, PLLC, our Buffalo injury attorneys are here to guide you through the legal process. Call us today for your free consultation at (716)-300-8232, so we can help put you on the road to recovery.