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Being involved in an accident with an Amazon delivery truck in Texas can be a distressing experience. With so many Amazon deliveries being made across the state every single day, such incidents do not come as a surprise. If you get involved in one of such accidents, the steps you take after it will determine the outcome of your accident claim.
The first crucial step to take is calling for medical help. Even though your injuries might seem minor to you at the moment, they can escalate to something bigger. Documenting your injuries, as well as other evidence found at the accident scene, is important. This increases your chances of a successful claim.
Things can be particularly complex with Amazon delivery drivers as the company does not always employ its drivers. Instead, they work as independent contractors. To learn more about how things work, consult with a Katy personal injury attorney today. Meanwhile, read this blog to know what you should do following an accident with an Amazon delivery truck.
Texas follows the fault-based system, meaning that the party that is responsible for the victim’s damages pays for them. It is noteworthy that the law follows a modified comparative negligence rule, meaning that if one party is found to be less than 51% at fault for the accident, they can seek compensation. Conversely, they lose damages if found to be more than 50% at fault.
There are mainly three potentially liable parties in an Amazon truck accident case, including the Amazon driver, the Amazon company or a third-party delivery contractor.
The Amazon driver can be directly held liable for the accident if their actions contributed to it. The driver may be involved in dangerous driving, such as reckless driving, distracting driving or violating traffic laws. As a commercial driver, their duty of care extends to all road users.
The company Amazon can be held responsible through vicarious liability. This legal doctrine holds employers accountable for the actions of their employees conducted during their employment. To establish this, you have to prove that the Amazon driver was performing the duties of their job at Amazon. Therefore, the company shares the fault.
In addition to the driver and Amazon, liability may extend to third-party delivery contractors, also known as Delivery Service Partners (DSPs). You may be able to prove that the DSP was negligent due to poor hiring practices or inadequate training.
The steps to file a claim against Amazon or the delivery contractor include the following:
Step 1: Gather all relevant details about the accident including the date, time, location, and particulars of the incident.
Step 2: Notify Amazon about the accident as well as the law enforcement.
Step 3: File a claim with the delivery contractor's insurance.
Step 4: Prepare and submit all required documentation to support your claim.
When filing a claim, make sure that you have all the right documentation. This includes the following:
As soon as you realize that you are involved in an accident, you should take steps to protect your rights. This includes contacting your attorney and receiving expert legal guidance. By engaging with a professional early in the process, you can avoid making mistakes that can cost you. These include admitting fault and accepting low settlements.
One of the biggest mistakes victims make in an auto accident is settling for the first offer as it seems tempting. This prevents them from getting what they deserve. Hire an attorney in Texas to protect your rights!