Who’s Liable When a FedEx or Amazon Van Hits You?

Delivery trucks and vans are an unavoidable sight on LA roads. They zip down neighborhood streets, double park in busy commercial areas, and block lanes of traffic during deliveries. In addition to making life a lot easier for most people and complicating LA traffic, these vans also cause a significant number of vehicle accidents every year.

What happens when a FedEx or Amazon van hits you and you’re left nursing your injuries? Determining liability in delivery truck accidents isn’t always straightforward or easy, especially if the truck is backed by a multimillion-dollar company that fights aggressively to avoid liability.

That’s why it’s important to work with an experienced personal injury law firm that knows how to hold companies accountable. Call McNicholas & McNicholas to set up a consultation with our team immediately.

Who’s driving that van? Why it matters for your case

You might look at three different delivery vans and not know that you’re looking at three different scenarios when it comes to liability in car accidents. This is because of differences in employment status among drivers. Figuring out who is driving the vehicle and what their relation to the company is can help you determine what your next step should be.

Employee drivers are W-2 workers who are directly employed by a company to drive a specific shift or route. When an employee driver hits someone and causes a crash, they may be at fault, but the company that employs them is typically liable, thanks to vicarious liability. This is a legal concept that holds employers responsible for their employees’ actions when they are on the clock. In this scenario, you would go directly to the employer to negotiate and seek compensation.

Independent contractors are becoming more common in the world of delivery driving, and sometimes, causing an increase in risks. Amazon relies heavily on independent contractors who use Amazon Flex to choose shifts and complete deliveries. When this happens, the company may attempt to argue that they are not liable for the driver’s actions since they are not employees. A lot comes down to the insurance requirements of the company in question. For example, many delivery services that rely on independent contractors have car insurance that kicks in when the driver is on a delivery job. This covers damages caused by the driver. In some cases, though, drivers are required to add a rider to their own insurance policy that covers commercial usage for their vehicle.

Finally, there are third-party logistics providers that hire drivers and then outsource them to tasks at Amazon or other companies. This can muddy the waters when it comes to liability, since Amazon may claim that the logistics company is responsible, while the logistics company may argue that the worker was operating on behalf of Amazon.

Early preservation of evidence

Early preservation of accident evidence is crucial if you want a shot at getting full and fair compensation. When an accident happens, companies often circle the wagons around the at-fault driver to protect themselves from liability. This leaves you—the victim—on the hook for all of your accident-related expenses. The sooner you begin collecting and preserving evidence, the easier it is for you to prove the other driver’s role in the accident and demand fair compensation. Some forms of evidence that may be useful in your claim include:

• Dashcam footage: The majority of delivery vehicles have dashcams to help them seek compensation if someone else hits them. However, that footage can also be used to prove a delivery driver’s role in a crash. Dashcam footage generally writes over itself within a certain timeframe, so you must take action quickly to access it.
• GPS and delivery logs: Delivery trucks typically have GPS that allows the companies to track vehicles and ensure that drivers are on schedule. This documentation may show whether or not a driver was operating within the speed limit, staying on their route, or taking dangerous shortcuts.
• Accident documentation: Photos and video footage of the scene are crucial in most truck accident claims. Additionally, your truck accident lawyer may use contact information from witnesses to get more context and a clearer understanding of what happened.

Dealing with corporate insurers is not the same as working with other insurers

Dealing with any insurance company after an accident is stressful, but trying to work with corporate insurers is a new level of complexity. Corporate insurers must follow a specific set of rules, and you have to know how to navigate those rules to protect your injury claim.

Corporate insurers are backed by corporations with deep pockets for legal expenses, staffed with aggressive adjusters and extensive legal teams, and very skilled at lowballing settlements or dodging liability. You may receive an offer quickly, but don’t get excited—there’s a very good chance that it is dramatically lower than what you are owed. This is particularly true when it’s likely that further investigation will uncover more of their client’s errors and more of the victim’s injuries. The quicker they can get you to waive your right to sue and accept a lowball settlement, the better off they are.

When you work with a truck accident lawyer who understands how corporate insurers and delivery companies work, you can protect yourself from the underhanded tactics used by insurance companies. This gives you a fair shot at the compensation you are actually owed, rather than leaving you shouldering the bills for another person’s negligence.

Call McNicholas & McNicholas to discuss your truck accident claim

Holding companies accountable after a delivery truck accident may be challenging, but having the right legal representation helps. Call McNicholas & McNicholas or send us a message online to start your claim now.