The retail giant, Amazon, has become a worldwide leader in delivering a vast array of products and services, including groceries. However, the rise in their delivery operations has resulted in an increase in the number of blue Amazon trucks on the roads and, unfortunately, a rise in accidents as well.
In case of an accident involving an Amazon delivery truck in Chicago, victims can seek compensation for their injuries through a lawsuit. The manner in which an Amazon driver causes an accident can impact the legal proceedings of the case. The primary challenge in such cases is identifying the party to sue. Although Amazon may be protected against liability, there could be other responsible parties apart from the driver.
To hear more about our services during your free initial case assessment with our Chicago Amazon delivery truck accident attorneys, call Rhatigan Law Offices at (312) 578-8502.
Who Can Be Held Liable for an Amazon Delivery Truck Accident in Chicago
When it comes to Amazon delivery truck accidents, the legal cases involved can be more intricate than a regular car accident. This is due to the potential involvement of multiple parties who may be responsible for your injuries. Additionally, there may be uncertainties regarding whether Amazon can be held accountable for any accidents involving their delivery trucks. Our Chicago Amazon delivery truck accident lawyers specializing in Amazon delivery truck accidents can assist you in identifying and naming all parties responsible for your injuries in your lawsuit.
Amazon
As a general rule, employers may be responsible for their employees’ negligence. However, Amazon is usually exempt from liability for accidents caused by its delivery drivers. This is due to the fact that most Amazon delivery drivers are not considered Amazon employees under the law but rather independent contractors. They work independently or for a delivery service company and are only contracted to complete Amazon deliveries. Therefore, Amazon cannot typically be held liable for any actions taken by these drivers while on the job.
It may still be worth contemplating taking legal action against Amazon, despite some hesitations. Attorneys nationwide are making the case that Amazon’s management of their drivers is significant enough to hold them responsible for any negligence on the driver’s part. Amazon provides real-time driving instructions and route recommendations to many delivery drivers, which many lawyers argue should be enough to hold Amazon accountable.
Amazon Flex Drivers
If you are seeking compensation after an accident involving an Amazon truck, it’s important to note that most of their drivers are independent contractors. In the case of an Amazon Flex driver, who is self-employed, like an Uber or Lyft rideshare driver, you may pursue compensation from them directly rather than Amazon itself.
However, Amazon requires all its truck drivers to have Amazon Flex insurance. This insurance can provide up to $1,000,000 in coverage for bodily injury to victims in case of an accident involving an Amazon driver. However, it is important to note that Amazon Flex insurance only applies if the driver was on duty during the time of the accident.
Delivery Service Companies
As previously stated, employers may be held responsible for their employees’ negligent actions through the legal concept of respondent superior. However, such liability applies only when the accident happens during the driver’s performance of their job-related duties and responsibilities.
Although Amazon cannot be held liable under the respondent superior theory, the delivery service companies it collaborates with can. Amazon collaborates with various delivery service partners throughout Chicago and the country, including independent Amazon Flex drivers, to support its extensive delivery operations. These partners are responsible for the negligence of their employees and can be held vicariously liable like any other employer.
How Amazon Delivery Truck Accidents Occur in Chicago
Accidents can happen for various reasons, but certain factors are known to cause Amazon truck accidents in Chicago. Identifying the cause of your accident can greatly affect how your case is handled and determine who can be held responsible.
Inexperienced Drivers
Amazon’s rapid growth has led to a continuous need for new drivers to fulfill their delivery services. Consequently, Amazon often employs drivers with limited experience in commercial deliveries. However, inexperienced drivers may not possess the necessary skills and instincts to handle Amazon’s large and bulky trucks, which come with blind spots. This lack of familiarity poses a risk of accidents on the road.
Inexperienced drivers have a higher probability of breaking traffic laws and trucking regulations. Due to their lack of experience, they may not fully understand the importance of safety protocols and may not adhere to them consistently.
Driver Fatigue
In Chicago, driver fatigue is a frequent contributor to accidents involving Amazon delivery trucks. It is widely known that Amazon places significant pressure on its drivers to fulfill rigorous shipping requirements. Despite mandatory breaks at specific intervals, many drivers exceed their allotted time and forgo taking breaks. This can result in a dangerous situation where the driver may fall asleep at the wheel, leading to serious accidents.
If you sustained injuries due to an exhausted Amazon delivery truck driver, it is possible to gather evidence demonstrating their violation of the law. By reviewing work logs and records, it can be determined whether the driver failed to take necessary breaks or record their rest periods.
Reckless Driving
It is not uncommon for Amazon delivery drivers to feel pressured to complete a demanding delivery schedule, leading some to drive recklessly in order to meet deadlines. While Amazon’s speedy shipping is appealing to customers, it comes at a cost. Reckless driving can result in drivers being more likely to break traffic laws in order to deliver packages on time. Given the size of Amazon trucks, such reckless behavior could easily lead to accidents that are difficult to avoid.
Time Limit to File an Amazon Delivery Truck Accident Lawsuit in Chicago
The time limit to file an Amazon delivery truck accident lawsuit in Illinois is known as the statute of limitations. According to 735 I.L.C.S. 5/13-202, Amazon delivery truck accident victims have just two years to file a lawsuit in Chicago. In most cases, if a lawsuit is not filed within two years, it will not be entertained by the court and will be dismissed.
Gathering crucial evidence can be a time-consuming process, especially when it involves multiple parties. Nowadays, several Amazon delivery trucks are equipped with surveillance cameras and dash-cams. In the event of an accident, this footage can prove to be valuable but must be requested promptly to prevent it from being erased.
Our Chicago Amazon Delivery Truck Accident Lawyers Can Help
Our Chicago Amazon delivery truck accident lawyers at Rhatigan Law Offices can offer you a free case review when you call us today at (312) 578-8502.
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