Being involved in a car accident is an incredibly stressful and traumatic event. Adding the complexities of dealing with a large company like Amazon makes the situation even more difficult. This guide will provide an overview of your rights and options for seeking compensation if an Amazon delivery vehicle collides with your car in Texas.
An Amazon truck accident can turn your life upside down, but taking the first step toward justice is easier than you think. Our experienced Amazon accident attorneys are here to help you navigate the legal process easily and confidently. Call us at 972-682-9700 for a comprehensive legal consultation, or visit Oberg Law to learn how we can help you get the justice and compensation you’re entitled to. Take the first step today – we’re here to support you every step of the way.
Determining Fault in Delivery Truck Accidents
The at-fault party in any car crash bears responsibility for damages and injuries. Texas follows traditional tort law for auto accidents involving two or more parties. This means the at-fault driver’s insurance covers costs like
Vehicle repairs or replacement,
Pain and suffering.
Establishing fault requires investigating details, assessing evidence from the scene, understanding traffic laws, and more.
In crashes with Amazon delivery trucks, precisely determining negligence can get complicated. These large vans often weigh three times more than passenger cars. Their size and weight make driving risky. Deliveries on tight schedules may pressure drivers into errors, too.
Common causes of delivery truck crashes include:
Running red lights or stop signs
Driver fatigue or distraction,
Poor maintenance like worn brakes,
In multi-vehicle accidents with serious injuries, local police usually handle documentation for insurance and lawsuits. Officers take statements, photograph damage, measure skid marks, etc. However, you should also contact a car accident attorney in Dallas from Oberg Law. Personal injury lawyers help protect your rights during the claims process. This ensures fair compensation for the losses you suffer.
What to Do After an Amazon Truck Accident
The minutes and hours following any auto collision set the tone for the outcome. Appropriate actions now influence injury recovery timeframes, financial burdens, legal options, and more. After contacting 911 and seeking any necessary medical treatment, make sure to take these steps:
Exchange insurance and contact details with all parties involved
Photograph damage to all vehicles with a cell phone camera
Get contact information from any witnesses at the scene
Report the accident to your insurance provider immediately
Reach out to an experienced car accident attorney Dallas from Oberg Law to discuss your options
Recording these details provides vital supporting documentation for insurance claims or personal injury lawsuits later. An attorney from Oberg Law can handle communications with insurers and preserve evidence like vehicle damage and medical records, which removes stress during recovery. It also builds a compelling argument demonstrating losses and negligence for maximum compensation.
Who Bears Responsibility for Amazon Delivery Accidents?
When an Amazon truck hits your vehicle, multiple parties could share fault. Identifying each contributor to causing the crash is crucial for recovering complete damages.
Potentially liable parties include
The Amazon driver.
If the delivery van driver acted carelessly or illegally, they hold direct liability for any resulting harm. Distracted driving, impaired driving, speeding, etc., could all warrant responsibility. However, drivers for Amazon and similar carriers are often overworked and facing intense pressure. So, company policies likely contribute to causing accidents, too.
Amazon Or The Contracted Delivery Service
Delivery drivers represent the company they work for on the road. So, dangerous driving reflects negligence in hiring, training, supervision, or retention. Amazon also sets routes, quotas, vehicle maintenance schedules, and more. Insufficient safety policies elevate crash risks as well. Businesses have a legal percentage that reduces their claim payout because of their operations. Breaching this responsibility makes them liable.
Rarely have an equipment defect or failed auto part to blame for a collision. But if your Dallas car accident attorney can prove a manufacturing issue directly caused or worsened crash injuries, the maker becomes liable, too. Common vehicle defects involve tires, airbags, seat belts, acceleration, braking, and steering.
Poor road design, lack of signage, malfunctioning traffic lights, large potholes, etc., also sometimes contribute to accidents. Government agencies owe road users proper maintenance and warnings of known hazards. Not fixing long-standing issues related to a crash also adds the city, county, or state as responsible parties.
Sometimes, multiple vehicles crash in a chain reaction event. If another motorist started this accident sequence through negligence, they share the fault, too. The actions of anyone operating an automobile recklessly or carelessly, leading to foreseeable damages, make them liable.
Comparative Negligence in Texas Crash Claims
Texas utilizes modified comparative negligence rules to assign percentages of fault between multiple responsible parties. This impacts the compensation accident victims ultimately recover. It works like this:
The court first determines all contributors to causing the crash and ranks each party’s responsibility level as a percentage. So, the Amazon driver might bear 80% fault for speeding through an intersection. But poor intersection design is the city’s 20% fault, too.
Next, the court examines the actions of injured parties or vehicle owners filing claims. Any reckless or negligent behavior contributing to accident injuries or vehicle damage reduces potential compensation.
Say the injured driver failed to brake at a yellow light and carries 10% fault for running a red light. That percentage reduces their claim payout. So if damages total $100,000, they recover $90,000 – their $100,000 in losses less their 10% fault.
However, Texas draws the line at recovering damages when an injured party’s fault exceeds 50% responsibility. Anyone 51% or more at fault recovers nothing for losses. Discussing details with a car accident lawyer Texas relies on helps protect your right to maximum claim reimbursement.
What Types of Compensation are Available After Delivery Truck Crashes?
When commercial vehicles like Amazon delivery vans cause wrecks, costs pile up quickly. Large medical bills, lost income from missed work, vehicle repairs or replacements, and pain and suffering take a heavy toll. Successfully recovering or exceeding your total losses requires an experienced Dallas 18-wheeler accident lawyer’s help. They assist in negotiating full reimbursement for categories like
Vehicle Damage Or Loss.
Fixing minor scratches, dents, or mechanical issues is inconvenient and expensive. Extensive damage or totaling your car creates significant financial stress, too. Suddenly, being forced into car shopping because an Amazon truck smashed your reliable vehicle is also incredibly disruptive. Expect compensation for repair costs, rental vehicles during downtime, diminished resale value if retaining a damaged car, replacing your car’s Blue Book value if totaled, etc.
Immediate ambulance transportation, emergency room fees, hospitalization, surgery, prescription medications, and physical therapy costs add up quickly after a severe car accident. Long-term rehabilitation or permanent disabilities like wheelchairs, home care, prosthetics, etc. increase bills. Document all crash-related medical costs for reimbursement.
Missing work for weeks or months of recovery – or permanently losing earning capacity if disabilities prevent returning – drastically impacts accident victims. Track lost wages in detail, accounting for benefits lost, too. Strong legal advocates get clients both current and future income losses covered.
Pain And Suffering
No dollar amount erases crash trauma, pain levels, lifestyle limitations affecting work and recreation, or emotional struggles coping with the aftermath. But proving these accident impacts warrants six- and seven-figure settlements providing peace of mind and financial security.
Wrongful Death Damages
Losing a beloved family member in a preventable Amazon delivery truck collision inflicts immense grief, and no amount compensates for either. But securing damages accounting for funeral costs, counseling, household contributions, companionship, and more helps bring some closure.
Damages Cap for Commercial Accidents
Under Texas law, commercial carriers involved in truck accidents face increased liability over passenger vehicle drivers. Commercial policies must provide a minimum of $750,000 combined coverage for bodily injury and property damage per incident. Many carry higher million-dollar policies.
This coverage applies to the contracted delivery company and Amazon itself, depending on circumstances establishing liability. For extremely severe or fatal crashes, even eight-figure multi-million settlements are common. Discussing case specifics with an experienced Texas truck accident lawyer from Oberg Law determines reasonable compensation estimates.
Does Amazon’s Insurance Cover Delivery Accident Damages?
Who specifically pays for losses depends on which parties investigations find negligent. Primary options include
The Delivery Driver’s Insurance.
All commercial drivers must carry state minimum liability coverage. From there, policies vary based on employer requirements. This insurance is the first source tapped to cover injuries or property damage the driver caused. However, damages often exceed the individual policy’s limits, requiring additional compensation.
The Delivery Companies’ Insurance
Businesses relying on drivers for operations must cover their negligence through commercial policies. Companies like UPS, FedEx, DHL, Amazon’s contracted carriers, and Flex drivers fall into this category. The size of their policy limits varies dramatically based on business scale and accident history. Maximizing payouts requires extensive legal experience.
Getting compensation from trillion-dollar corporations requires skillful attorney negotiation. Investigating Amazon’s oversight role in delivery truck accident claims determines its responsibility for damages. Even contracted carriers driving Amazon-branded vehicles and following Amazon routing act somewhat as their agents. Establishing negligent training, unrealistic delivery demands, improper vehicle maintenance requirements, etc., means their insurance or funds also pay claims.
Uninsured/Underinsured Motorist Coverage:
Hopefully, responsible commercial policies have ample reach to cover losses. But too often- even major companies lack sufficient insurance or deny reasonable claims. Taking advantage of your UM insurance helps fill gaps left by Amazon or contracted delivery services resisting adequate compensation.
Successfully navigating reimbursement involves time-consuming legal research, shrewd negotiation tactics, court filings if needed, and more. Trust an accomplished car accident lawyer; Dallas relies on Oberg Law to fight for your financial recovery. Their attorneys help Texas car accident victims statewide, too.
How Soon After a Delivery Truck Accident Should I File a Claim?
Many accident victims are unsure when exactly to take legal action after crashes. Ultimately, the sooner you engage qualified legal help to start an insurance claim or lawsuit, the better. In Texas personal injury cases, statute of limitations laws apply:
Filing property damage claims: 2 years from crash date
Filing personal injury claims: 2 years from crash date
Wrongful death claims: 2 years from the date of death
The clock keeps ticking for taking legal action once an accident happens. Calling an attorney immediately ensures no details get lost accidentally. The weeks following any collision often involve major medical decisions, vehicle issues, missed work, insurance negotiations, etc. Letting a lawyer handle logistics lets you focus on healing.
Early claims also send a message you will hold Amazon accountable. Giving their risk management team prompt notice motivates higher settlement offers. Letting cases lag for years risks insurance denials and weaker arguments as memories fade, vehicles get repaired or replaced, medical treatment ends, etc.
When Amazon refuses reasonable reimbursement, quickly filing personal injury lawsuits prevents them from burying cases in drawn-out delays. Lawyers who fight giants like Amazon or UPS know dragging out cases aiming to frustrate plaintiffs into lower settlements. They counteract these common tactics.
Tips for Choosing the Best Delivery Truck Accident Lawyer
Retaining legal counsel experienced with commercial vehicle cases is critical for sufficient compensation. Personal injury claims involving major corporations and their insurance companies require shrewd attorney negotiating skills. Never leave your financial recovery to chance or luck. Protect yourself by asking these key questions when selecting representation:
Do they focus specifically on auto accident injury claims and have abundant case experience fighting delivery companies? General practitioners rarely match subject matter experts’ results.
What is their case success track record? High settlement amounts and trial victory rates reveal negotiating prowess.
Will they personally handle your case or pass it to less experienced junior staff?
How do they communicate legal processes and reasonable expectations?
Are they respected by insurance carriers incentivizing fair settlements?
Will they aggressively pursue every source of compensation through litigation nationally if local insurance denies reasonable claims?
Oberg Law Firm has checked every box for Protecting clients’ rights across Texas for 40 years. Their proven record delivering six- and seven-figure case results makes them widely regarded as one of the best car accident lawyers in Dallas options for maximum compensation.
Frequently Asked Questions about Amazon Delivery Truck Accident Claims
Being in a car accident raises many questions about what happens next. Here are answers to some of the most common concerns:
Should I Report A Minor Accident If There Is No Noticeable Damage?
Even seemingly minor collisions must legally be reported for insurance reasons. You risk insurance denial of later injury or vehicle repair claims without a formal report. Quickly photograph any vehicle damage, too – even slight paint scrapes or dents. Failing to document pre-existing damage allows delivery truck companies to deny responsibility for these pre-crash defects later.
Will Calling The Police Slow The Claims Process Or Raise My Insurance Rates?
Documenting details through official accident reports ONLY assists claims, never hurting rates or resolutions. The thorough events record helps prove losses and negligence. Rates only increase if you cause the crash. So unless the Amazon truck driver admits complete fault at the scene, always request officers write a formal report.
What If The Delivery Driver Leaves Or Refuses To Share Insurance Information?
Hit-and-run collisions are infuriatingly common, especially among overly busy delivery drivers. Note their truck VIN, license plate, company info, physical description, etc. Then, file claims through your coverage. Insurers have teams skilled at tracking down hit-and-run vehicle owners through scattered clues. They then pursue reimbursement from the at-fault party.
Can I Still Recover Damages If I Was Partially At Fault For Causing The Wreck Too?
Yes, Texan comparative negligence laws only reduce – not eliminate – accident victims’ right to compensation proportional to their assigned percentage fault. Reckless Amazon truck drivers often hold the lion’s share of responsibility despite plaintiff mistakes. Experienced lawyers maximize payouts based on case specifics.
Is The Claims Process Working Directly Through Insurance Companies?
You can file property damage claims directly with insurers. Bodily injury claims need professional legal advice to ensure fair settlements, though. Insurers start with low offers that benefit themselves. Adjusters leverage victims’ lack of legal skill set to quickly minimize payouts and resolve cases. They are retaining counsel levels the playing field.
Being the victim of negligence by other drivers upends lives with massive disruptions and financial burdens. Navigating legal processes on your own rarely leads to sufficient outcomes, either. Protect yourself and loved ones by engaging skilled car accident attorneys in Dallas who are explicitly dedicated to helping Texas crash victims maximize claim reimbursement. Consultations with top firms like Oberg Law are always free, too. So call them without delay for personalized guidance pursuing fair recovery of all your losses. Their proven 40+ year record delivering results makes them widely regarded among Dallas’s best car accident attorneys for all injury claims statewide.
We understand the complexities of these type of accidents and are here to help you get the justice and compensation you deserve. Call us at 972-682-9700 or visit Oberg Law to schedule your consultation today. Let us take the burden off your shoulders so you can focus on healing