Amazon is one of the world’s most popular retailers and delivery services. So when we see the drivers on the road for Amazon, we expect that they’ll be safe drivers. But this doesn’t always happen, and it can lead to severe injuries on your part.
At Morelli Law Firm, we’ve dealt with Amazon truck crashes for years, and we know what to look for to win a case. If you were in a car accident with an Amazon truck in New York, our New York Amazon truck accident lawyers can help you recover compensation.
How Negligence is Proven in an Amazon Truck Accident
Determining negligence is an essential part of starting an Amazon truck crash case. For a party (or parties) to be liable, there must be four elements present:
Duty of Care
A duty of care is an obligation to exercise a reasonable degree of caution in your actions, so you don’t cause harm to anyone else. All drivers on the road have a legal duty of care to act responsibly when driving.
Some examples of this are following driving rules, being sober behind the wheel, and being respectful to other drivers and pedestrians.
Breach of Duty
When someone breaks or breaches the duty of care, it means they performed an action or failed to perform an action that jeopardizes others’ safety. A lawyer needs to be able to prove that there is a clear breach of the duty of care as the second element of negligence.
If the Amazon truck driver that hit you was under the influence of drugs or alcohol, engaged in distracted or reckless driving, they may have breached the duty of care.
Causation
The third element of negligence is a direct connection between the negligent act and your injuries. Put simply, if the negligent party didn’t breach the duty of care, you wouldn’t have sustained injuries.
An attorney can prove that your injuries are a result of the negligent acts by compiling supporting evidence of their wrongdoing.
Damages
The final element that must be present is proof of actual damages. This means that you must have suffered financial damages and non-economic damages as a result of the truck accident.
Proving negligence can be difficult on your own. One of our New York Amazon truck accident lawyers can help you prove negligence.
How Long You Have to File an Amazon Truck Accident Claim
After you get into an Amazon truck accident, you only have so much time to file a claim. According to N.Y. C.P.L.R. § 214(4), you have three years from the date of the accident to file a truck accident claim. As soon as you receive treatment for your injuries, you should file your claim.
When you file early, you’ll have a greater chance of winning your full settlement. In addition, you’ll have more time to gather evidence to support your claim. It’s important to note that Amazon delivery drivers are independent contractors, so you’ll be filing your claim against them, not Amazon.
It’s important to know how long you have to file, and in some cases, you may have more or less time to file your claim. To ensure that you file your claim on time, you can meet with an Amazon truck accident lawyer in New York. They can give you the exact amount of time you have to file.
If you wait too long to file, you will not be able to recover any compensation or file another claim.
New York Amazon Truck Accident Lawyer Near Me 877-751-9800
Damages You Can Recover After an Amazon Truck Crash
After an Amazon delivery truck accident, you have likely suffered severe losses. With the help of one of our Amazon truck accident attorneys in New York, you may be able to recover damages like:
- Mental anguish
- Loss of earning capacity
- Loss of income
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Property damage
- Loss of companionship
If you were in an Amazon truck accident, it can be difficult to return to everyday life. But by recovering damages, you can decrease the amount of stress you may experience and lower your monthly medical bills. A lawyer can tell you what damages you qualify for when you schedule a consultation.
What to Expect from the Insurance Company
When you meet with the insurance company, make sure that you don’t go alone, bring an experienced New York Amazon truck accident attorney. Since you’ll be going up against the individual driver’s insurance company and not Amazon, it may be easier since you don’t have a team of corporate lawyers against you.
However, dealing with the insurance company is still a difficult task. When you go with your lawyer, be prepared for the insurance claims adjuster to act nice and offer you water.
This is their tactic of trying to make it seem like they are on your side. But don’t fall for it.
Let your attorney communicate with the claims adjuster, so you don’t risk saying anything that makes you seem like you’re at fault. Your lawyer can defend your rights to compensation and your settlement. They can also be there to make sure that you don’t settle for a lowball settlement.
Contact Morelli Law Firm to Hold the Negligent Parties Available
If you were in an accident with an Amazon delivery truck, the lawyers at Morelli Law Firm are here to help. We can help you determine if you qualify for a case and are eligible for compensation.
Call us or fill out the form on our website to get your free case evaluation today.