Baton Rouge, LA Amazon Delivery Truck Accident Lawyer
Amazon is a delivery giant, with operations spanning across the State of Louisiana, including Baton Rouge. However, the drivers who carry out this business are human and capable of mistakes that can injure others if they cause an accident.
If you were involved in an accident with an Amazon delivery truck driver and sustained an injury, you may not be able to sue Amazon directly. However, you can still recover compensation for harms like medical expenses, lost income, and pain and suffering through a lawsuit against the driver, their local employing partner, and their insurance provider.
When you are dealing with injuries caused by driver negligence, you deserve to know your rights and what you could recover through legal options. To get a free initial case assessment, call the experienced Baton Rouge Amazon delivery truck accident attorneys at Rice, Murtha & Psoras at (225) 269-8930 today.
Determining Liability After an Amazon Delivery Truck Accident in Baton Rouge
If you were involved in an accident involving an Amazon delivery truck, you might be wondering whether you can file a lawsuit against Amazon directly to recover for your losses. the short answer is no, as Amazon goes to great lengths to shield itself from liability.
To fulfill its massive shipping operations, Amazon uses two general classes of driver. the first are Amazon Flex drivers, who are classified as independent contractors. Under this classification, Flex drivers are technically self-employed, much like rideshare drivers who operate for Uber or Lyft. Usually, independent contractors can be held accountable for their actions, but the client who hired them does not face liability.
The second class of driver that Uber uses are technically employees, but not of Amazon itself. Rather, these drivers work for delivery service partners (DSPs), which are separate, local corporate entities that facilitate the Seattle shipping giant’s delivery logistics. When Amazon contracts with these DSPs, they use language that protects them from liability from death or injury caused by drivers. In other words, if a negligent DSP driver causes your accident and injures you, you can only sue the DSP or the driver themselves, not Amazon.
How Pending Legislation May Affect Liability for Amazon for Delivery Truck Accidents
The liability shield discussed above has held strong thus far, but pending legislation in Georgia at the writing of this article may soon change that. Law changes, even in one state, may create a ripple effect as to what practices are used in interstate shipping.
A man who suffered life-threatening and debilitating injuries after an accident with an Amazon DSP driver has named the shipping giant in his lawsuit in addition to the driver, their insurer, and the DSP. the lawsuit claims that Amazon should be liable for the damages because of how involved it is in the shipping operation. While the driver technically works for the DSP, Amazon itself has the ability to monitor the operation closely and communicate with the driver. Amazon DSP trucks feature cameras and sensors that monitor driver behavior, including rate of speed, use of cell phones, and even signs of fatigue such as yawning.
According to the allegations, Amazon uses these abilities to pressure drivers into meeting efficiency standards, often at the cost of safety. Since Amazon has such a powerful hold over the DSP driver at every stage and often induces drivers to shirk safety in the name of profits, the lawsuit claims that they should bear the burden of paying for the consequences of the unsafe driving.
It is hard to predict what affect this case will have on Amazon’s liability shield or when these changes could occur. That is why our Baton Rouge Amazon delivery truck accident attorneys stay on top of developments in the law so that our clients always have the benefit of informed, resourceful representation.
Damages for Amazon Delivery Truck Accident Lawsuits in Baton Rouge
Even though you might not be able to pursue a claim against Amazon itself, you can still recover damages from the driver or DSP’s insurance provider. If an Amazon delivery truck driver caused an accident that injured you, you should be aware of how much your lawsuit could recover for you, and the differences between lawsuit damages and an insurance claim.
You can recover all of the same direct economic costs from a lawsuit that you could from an insurance claim. the key benefit is that you are not hamstrung by any insurance policy limits. Medical bills for services such as ambulance rides, emergency room procedures, surgeries, physical therapy, and specialist appointments will all be covered, as will the costs of any modifications you are forced to make to your home or vehicle to account for your condition. You can also recover lost income that you missed out on if you were forced to take time off of work.
The area where the differences between a lawsuit and an insurance claim become clear is in noneconomic damages. These are the monetary remedies that a court may award for the victim’s personal and emotional pain and suffering that result from the accident and consequential injuries. Non-economic damages are not available through an ordinary insurance claim, meaning that the only way for you to recover for the effects of your chronic pain or the onset of psychological conditions related to your experiences is to file a lawsuit, with which our Baton Rouge Amazon delivery truck accident attorneys can assist you.
Baton Rouge Statute of Limitations for Filing an Amazon Delivery Truck Accident Lawsuit
If you recently suffered injury in an accident caused by an Amazon delivery truck driver, you must act quickly in order to abide by the Louisiana statute of limitations. Under the state’s statute of limitations for car accident injury cases, plaintiffs must file their initial complaint with the proper court within one year of the date of the accident.
If you miss the deadline, the other side will quickly file a motion to dismiss, which the court will almost assuredly grant. This effectively ends your chance to obtain the recovery that you deserve. To avoid such an unfortunate ending to your search for justice, reach out to one of our diligent Baton Rouge Amazon delivery truck drivers well in advance of the one-year cutoff.
Talk to Rice, Murtha & Psoras About Your Amazon Delivery Truck Accident Lawsuit Today
When you call the seasoned Amazon delivery truck accident lawyers at Rice, Murtha & Psoras today at (225) 269-8930, you can obtain a free initial case assessment.