DETERMINING LIABILITY FOR YOUR AMAZON DELIVERY TRUCK ACCIDENT

The first challenge an injured driver faces in their recovery efforts following an Amazon delivery truck accident is proving exactly how the accident happened. They must identify the at-fault driver or drivers and prove that their negligence or illegal misconduct behind the wheel directly caused their claimed damages. As a no-fault state, California requires proof of fault before an injured driver can recover compensation for their damages through auto insurance and/or a personal injury action.

Amazon routinely deflects liability for the actions of many of its Delivery Service Partners, claiming that they are independent contractors. As such, Amazon is not responsible for its negligence or misconduct. However, Amazon goes to great lengths to carefully monitor these drivers to extract maximum profitability from their work. It is very likely that if any Amazon delivery truck driver caused your recent accident, the company shares fault for the driver’s actions, even if they were technically an independent contractor.

One of the most common complicating factors to arise in commercial vehicle accidents in California is “vicarious liability,” a legal term used to define any situation in which an employer bears fault for the actions of their employee. When you choose Zwick Law to represent you in an Amazon delivery truck accident, we will carefully review the details of how the accident happened and examine the relationship between the at-fault driver and Amazon. It’s possible for one or both parties to bear fault for your injuries. Some of the most common types of negligence and misconduct behind the wheel that can cause an Amazon delivery truck accident in Orange County include:

• Distracted driving. This is the leading cause of all motor vehicle crashes in the U.S. each year. Even a momentary distraction can potentially cause a devastating collision, and your Orange County Amazon delivery truck accident attorney is the ideal resource to consult if you need help proving an at-fault driver was distracted behind the wheel.

• If a driver goes over the speed limit, their risk of causing a serious accident increases drastically. If an Amazon delivery truck driver is speeding due to the pressure placed on them to complete their deliveries as quickly as possible, this can potentially place blame on their employer as well as themselves.

• Fatigued driving. Unfortunately, some delivery truck drivers push themselves too hard without adequate rest. Operating a vehicle while fatigued can be almost as dangerous as driving under the influence of alcohol or drugs. Driver monitoring footage may be crucial in proving the delivery truck driver was fatigued behind the wheel when they caused your accident.

• It is illegal for any driver to operate a motor vehicle under the influence of drugs or alcohol, and the penalties for DUI conviction in California can include a fine, loss of their driver’s license, and jail time. If a commercial truck driver causes a DUI accident, they are likely to face even harsher criminal penalties and will be unlikely to find future work as a delivery truck driver. Additionally, the driver’s employer could face vicarious liability if they had a history of past DUI offenses, but the employer never performed an appropriate background check before hiring them.

• Moving violations. These include failing to navigate intersections correctly, performing illegal turns, failing to yield the right-of-way, or running through red lights or stop signs. If an Amazon delivery truck driver parks illegally to make a delivery, this may also cause an accident, and all delivery truck drivers must use appropriate caution whenever they must stop for deliveries.

• Employer negligence. All commercial truck driver employers are legally required to ensure driver training and experience before assigning them work, and they must also enforce all applicable industry regulations. Any failure to do so that leads to an accident is likely to bring vicarious liability into play in the subsequent legal proceedings.

Proving how your accident happened is likely to require evidence and witness testimony. If anyone saw your accident happen firsthand, their statements can be incredibly helpful when it comes to substantiating your claim. Other evidence, such as driver cell phone records, traffic camera recordings, or even the recordings from the Amazon truck’s driver monitoring camera, can come into play to help you prove fault. Once you have proven the exact cause of your accident, you can proceed with securing compensation from the at-fault parties.

FILING YOUR AUTO INSURANCE CLAIM IN ORANGE COUNTY

California’s fault rule for car accidents means you have the right to file a claim against the auto insurance policy of a driver who causes an accident with you. Once you have proven liability for your recent Amazon delivery truck accident, your attorney can assist you with the insurance claim filing process. You have a very limited time to complete this process, and insurance companies typically look for any reasons they can find to deny claims or justify very low settlement offers.

When you have an experienced Orange County Amazon delivery truck accident attorney representing you during the insurance claim filing process, the at-fault driver’s insurance carrier is far less likely to attempt any unethical handling of your claim. Your attorney can help you gather the evidence you must submit with your claim to justify the compensation you seek from the defendant’s policy. Once the insurance company reviews and approves your claim, they can issue their offer for a settlement.

HOW TO BUILD YOUR PERSONAL INJURY CASE FOR AN AMAZON DELIVERY TRUCK ACCIDENT

Even if you encounter no trouble with the insurance claim process after an Amazon delivery truck accident in Orange County, the settlement you receive may not fully cover your losses. While insurance can typically cover most immediate medical expenses and vehicle repair costs, your total claimable damages can eclipse the at-fault driver’s insurance coverage limits. In this situation, your Orange County Amazon delivery truck accident attorney can help you file a personal injury claim to recover all remaining damages the defendant caused.

When an accident results from negligence, you must prove the defendant held a duty of care in the situation in question that they failed to meet. For example, a driver has a duty of care to drive attentively, and distracted driving is a clear breach of this duty of care. Once you have established their breach of duty, you must then prove the full scope of the damages you suffered because of their negligence. You also need to show that your damages could not have resulted from any other cause.

In the event your Amazon delivery truck accident was the result of any illegal misconduct, the state is likely to pursue criminal prosecution of the defendant. You may be called to testify as a witness against them in their criminal trial, and the outcome of their criminal case could influence your recovery. For example, the judge who handles their sentence may add restitution to the victim to their other penalties, and the defendant will owe you this additional financial compensation alongside their repayment of your civil damages.

CLAIMABLE DAMAGES IN YOUR PERSONAL INJURY ACTION

Under California’s personal injury laws, the plaintiff in a personal injury case has the right to seek full repayment of any economic losses they sustained due to the defendant’s actions. These economic damages are likely to include:

• Vehicle repair costs. The defendant’s insurance may not cover the total cash value of your vehicle if it was damaged beyond repair in your Amazon delivery truck accident. Your attorney can help you recover any property damage that the defendant’s insurance cannot cover.

• Costs for medical treatment. When you have suffered severe physical injuries due to a defendant’s negligence or misconduct, they become liable for all medical care you require to heal completely from the incident. This includes any immediate healthcare costs you incur after an accident, such as your hospital bills, but you can also claim compensation for medical expenses for future treatment if your injuries will require ongoing rehabilitation and future restorative procedures.

• Lost wages. Many people who are injured in vehicle accidents cannot work while their injuries heal. If this applies to your situation, the defendant who caused your Amazon delivery truck accident is responsible for the income you cannot earn during your recovery.

• Lost future earning potential. When you have been permanently disabled from a serious accident, the defendant who caused the accident is responsible for the future income you can’t earn. Your Orange County Amazon delivery truck accident attorney will be invaluable for calculating lost future income when you are unable to work.

Along with these economic damages, a plaintiff also has the right to seek accountability for the pain and suffering they experienced. California does not put a limit on noneconomic damages for plaintiffs in vehicle accident claims, and your Orange County Amazon delivery truck accident attorney will assist you in determining a suitable amount that reflects the full scope of your experience.

If you sustained any permanent injuries, your pain and suffering compensation could outpace the total of your claimed economic damages. Your attorney may seek a large lump sum that reflects the severity of your condition, calculated by multiplying your total economic damages by a factor of one to five. If you sustained injuries that are likely to fully recover in the near future, they may instead seek a “per diem” settlement that will award a specific amount of compensation for each day you spend in recovery.

WHAT YOU CAN EXPECT FROM YOUR ORANGE COUNTY AMAZON DELIVERY TRUCK ACCIDENT ATTORNEY

Zwick Law focuses on the individual client in every case we accept. Our firm does not believe in one-size-fits-all legal strategies because we know that every client faces different challenges as they seek compensation for their damages. Any Amazon delivery truck accident has the potential to inflict life-changing injuries and substantial economic losses to the victim and their family. Our goal in your case is to guide you toward the full compensation you deserve as swiftly as possible.

Our team has the resources and experience necessary to streamline your insurance claim process significantly and address any disputes that arise regarding your claim. When insurance alone cannot compensate your damages, you will need to file a personal injury claim as soon as possible to secure your outstanding damages from the defendant. Our team is confident in our ability to construct a strong civil suit on your behalf and guide you through the settlement negotiation process with the defendant. If, for any reason, settlement is not an option for resolving your case, we will prepare you for your courtroom proceedings and help you extract maximum value from your litigated personal injury case.

COUNT ON ZWICK LAW FOR YOUR ORANGE COUNTY AMAZON ACCIDENT CASE

Any vehicle accident case in Orange County can be difficult to navigate, and this is especially true of commercial truck accidents. If you or a family member are struggling in the aftermath of a crash with an Amazon delivery truck and another party is to blame, we will guide you through each step of your recovery process to help you secure the compensation you legally deserve. If you are ready to learn how an Orange County Amazon delivery truck accident attorney is able to assist you, get in touch with us today and schedule a consultation with our team.