Amazon Van Accident Lawyer
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You may be entitled to compensation if an Amazon driver has injured you. We can help. Our Amazon van and truck accident attorney is among Houston’s best personal injury lawyers. Texas families in Harris County have trusted us after injury accidents for over three decades.
Our Houston delivery truck accident lawyers help victims of commercial vehicle accidents get maximum compensation.
At Baumgartner Law Firm, our Houston delivery truck accident lawyers are:
- Award-winning and preeminent rated
- Undefeated in over 30 years of truck accident litigation
- Selective to devote the time and attention your case deserves.
Call for a FREE consultation about your accident- (281) 587-1111.
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TABLE OF CONTENTS
- An Introduction to Amazon Van Accidents
- The Independent Contractor Defense (and Why It often Doesn’t Matter)
- Who Are Amazon Drivers? And What is Amazon Flex?
- Can I Seek Damages from an Amazon Driver in an Accident?
- Are Texas Laws Relevant?
- What Determines If a Driver Is Covered?
- What to Do After an Accident
An Introduction to Amazon Van Accidents
The world’s current situation has led to Amazon performing more and more deliveries in their now very recognizable vans. There are firm deadlines imposed on these drivers, and as a result, there can often get into severe accidents due to neglect while pursuing their near-impossible goals.
Examples of this kind of thing happening, including in the Houston region, are numerous, including two people killed earlier in 2020 due to an Amazon vehicle accident.
All of this is to say that if you’ve been in an accident with an Amazon van, you aren’t alone, and there is something you can do about it.
The Independent Contractor Defense (and Why It Often Doesn’t Matter)
Some people might be worried about whether they can get compensation from an Amazon van driver since Amazon will say it was the driver and not them if they aren’t an employee. Amazon advertises to drivers that they can make more if they have a van.
However, the point is that regardless of whether a driver is an employee or not, the “Flex” program for Amazon drivers requires them to be covered for a significant amount of money. Insurance coverage means that if the driver is liable for your accident, then you can still be protected by their liability coverage for compensation for medical bills and other damages.
Who Are Amazon Drivers? And What is Amazon Flex?
The Amazon Flex program is the official name for the program that allows non-Amazon employees to deliver Amazon goods. It essentially means that people working on a part-time basis are taking Amazon packages from a warehouse and delivering them to customers at their private homes.
There are also, of course, full-time Amazon drivers that work directly for the company. In either case, you may have the ability to seek damages from Amazon, the private individual driving the vehicle if they are a Flex driver, and insurance companies covering either.
A Flex driver is essentially working as a contractor and has a 1099 form from the company, rather than someone who works for them directly and draws a W2 like a regular employee.
Can I Seek Damages from an Amazon Driver in an Accident?
Based on the situation, you may be able to seek damages from any party who delivers packages from Amazon.
In the case of an Amazon Flex driver, the drivers are given an Amazon Auto Insurance Policy for auto liability coverage, uninsured or underinsured motorist coverage, as well as “contingent comprehensive and collision coverage,” according to the Flex FAQ page.
This coverage applies to all states besides New York, so it does work in Texas. In this case, the driver will also have their own auto insurance, of course. All of this is to say that their insurance may help cover much of your damages through Amazon, depending on the situation.
You can seek damages beyond that as well, of course.
Additionally, you can seek damages of many kinds against an actual employee of Amazon as well. Average settlements can vary depending on liability, damages, and insurance coverage issues.
Are Texas Laws Relevant?
Starting in January 2016, Texas law established a new liability insurance minimum for drivers working in companies, including Amazon Flex. The relevant term here is “Transportation Network Companies.”
TNCs like Amazon Flex now must make sure their drivers have at least $50,000 for bodily injury, $100,000 per accident, and $25,000 for property damage. So, if you’re injured in a collision with a Flex driver, a substantial amount of money could be at play just through insurance.
What Determines If an Amazon Driver Is Covered?
Many factors can determine whether a driver is covered during an accident. It can be rather complicated, considering whether the driver was transporting packages while working for Flex during the accident.
In some cases, this can affect which insurance covers the crash between their insurance or their coverage through Flex. Some insurers may also attempt to deny coverage, given the situation’s complexities. Always expect a lowball offer if counsel does not represent you, and the insurer accepts liability. It is a good idea to contact a Houston truck accident lawyer as soon as possible after the car wreck is a good plan.
This means that it can be surprisingly easy for insurers to deny coverage, underscoring the importance of finding aid before making a timely claim.
What to Do After an Accident with an Amazon Driver
Accidents are often terribly traumatizing experiences. The first thing you always want to do is make sure that you’re safe. Make sure that there isn’t any more danger from the vehicle and get out of its way.
Next, you want to call the police immediately and request a crash report.
Writing everything down is critical, and making sure you document as much as possible with videos or photos. Documenting includes where each vehicle ended up after the crash and the damage to any vehicles involved.
You will also want a medical professional to check you out as quickly as possible. If your injury is severe enough, this will include getting help from a specialist.
Ensure you don’t record anything official for the insurance company for the other driver until you speak to an attorney yourself.
Getting a car accident attorney at this point is going to be essential.
How Can an Attorney Help with a Claim Against Amazon?
You often only have one chance to make a claim that involves an Amazon accident. The loopholes and overlapping coverages that affect these claims can often also be far too complicated for those not trained in the law to understand easily.
All of this points to using an experienced personal injury attorney in Houston to improve your chances.
An attorney with the right experience can help with the following-
- Figure out Amazon’s liability in a crash-If Amazon didn’t filter out drivers properly and put someone who was a known reckless driver behind the wheel. The company could be liable for any damages inflicted on you by this driver.
- Fight insurance company coverage denials– insurance companies may try to deny coverage incorrectly. If they are wrong to do so, an attorney can help fight this.
- Discover liabilities and protect claims– An attorney can help you throughout every step of the process and make sure that your claim against such a driver has the best chance it possibly can.
Finding the Right Lawyer For Your Case
Finding the right lawyer is the key to getting compensated with what’s owed to you. Here are a few reasons why attorneys like those at the Baumgartner Law Firm are the right ones to help you in the effort to get your just compensation.
Finding the best truck accident lawyer for an amazon accident should be a priority after an injury from getting hit by an Amazon vehicle.
We Are Experts in the Local Laws in Texas
Laws often vary from state to state. You need someone who understands laws like the one from January 2016 and has substantial experience winning truck wreck cases. In your case, you do not want a young associate learning on the job. Don’t settle for less- get the best. Call the Baumgartner Law Firm at 281-587-1111 for a free consultation.
Experienced in Commercial Auto Accident Lawyers
It’s important to find lawyers with general experience in the law. Still, it’s also essential to find those that understand the specific situation’s intricacies with companies like Amazon.
That’s why it’s advantageous to go with leading lawyers like those at Baumgartner Law Firm, who have helped Houston families for over 35 years.
About Delivery Truck Accidents in Houston
Texas has one of the highest numbers of truck accident incidents in the US. There were about 6300 commercial truck accidents in Harris County last year, per the Texas Department of Transportation. Notably, this was the highest number of collisions in Texas.
In case of an accident between a big truck and a smaller car, the result can be tragic even if the large vehicle was at a lower speed. The occupants of the smaller car may sustain severe injuries or even succumb in some worse scenarios.
If you or a loved one is a victim of such accidents, our Houston truck accident lawyers at Baumgartner Law Firm can get the best results for your commercial vehicle accident. We have 35 years of experience helping Houston, Texas victims involved in large truck crashes.
Do Delivery Truck Accidents Happen Often?
In recent times, package delivery has become a norm, increasing the number of delivery trucks on the roads. However, the number of crashes involving delivery trucks has also increased.
Consequently, truck fatalities in Texas increased to 720 people killed in 2020 in the US, according to CDC, especially for those trucks weighing more than 10,000 pounds. Notably, Texas has the highest number of fatal truck crashes.
Texas truck accident statistics show Texas has more fatal truck accidents than any other state. Too, Houston has more truck accidents than any other city in Texas.
Common Types of Delivery Truck Crashes
Truck drivers’ driving skills and abilities are essential for Houston residents’ safety while on the road. Delivery truck drivers have to shoulder a greater responsibility because of the sheer mass and weight of large vehicles.
The most common delivery truck accidents in Texas involve food delivery trucks, amazon vans, postal deliveries, and other types of delivery vehicles leading to impairments, disabilities, or injuries. Fatal truck accidents frequently happen with commercial vehicles.
After a crash involving severe injury, a truck accident investigation should be done.
Frequent Injuries from delivery truck wrecks include:
What Are the Common Causes of Delivery Truck Crashes?
Delivery truck accidents are due to different reasons, including:
Failure to keep a sharp lookout is the leading cause of delivery truck collisions. Whether the driver does not see a car when changing lanes, turns without assuring the lane is clear, or is distracted. Not recognizing dangers or other motorists is a problem with box trucks like delivery vehicles.
Corporate pressures contribute to many delivery truck collisions in Houston as drivers face tight schedules. With all these pressures, drivers must exceed the set speed limit to meet the set timelines, endangering other road users.
In other cases, drivers have to work long hours due to the set delivery targets as companies aim to make more profits. Even under inclement weather, they must deliver goods within a set timeframe.
With the increased demand for delivery truck drivers, some companies hire inexperienced drivers or haven’t undergone enough training. Unlike smaller vehicles, truck driving requires extensive training to reduce the chances of collisions on the roads. Additionally, the small truck drivers who make deliveries in residential areas should have enough exposure to these busy streets for the safety of other road users.
Negligent hiring of drivers can also apply to delivery trucks like Amazon. Usually, only a full investigation can reveal the negligence.
Poor Vehicle Maintenance
Delivery trucks and vans require proper maintenance to ensure tires, and brakes, among other vital pieces of equipment, are in good mechanical condition. Any mechanical issue on these vehicles could result in serious crashes. Trucking companies are responsible for maintaining their fleet and ensuring all cargo is loaded correctly.
Due to the intense pressure, truck drivers have to make timely deliveries which can lead to fatigue. Although the law has a set number of hours that truckers should drive and rest, not all drivers follow these rules. As a result, truck drivers can easily fall asleep or be less attentive behind the wheel leading to crashes, mainly experienced during the holiday season.
Also, improper parking can lead to crashes.
While driving, delivery drivers have to do different activities behind the wheel, such as responding to dispatchers and looking up for directions. These activities may seem normal to them, but they can easily take a truck driver’s attention away from the road, leading to collisions.
Who is Liable for a Truck Accident?
After a truck accident, most of the victims are unsure who is liable for the accident. The truth is that victims have to prove that the other party was responsible for the accident to recover compensation for their injuries and damages. Determining fault is usually a complex process, and you will need the assistance of an experienced attorney.
The truck driver is liable if there is enough proof of negligence. The driver’s employer can be held responsible for the actions of the delivery driver under the legal concept of respondeat superior. You will need an experienced legal team to complete the time-consuming and focused truck accident investigation procedures.
Remember that the companies that contract or employ these truck drivers will fight your claims. Additionally, some of these companies are large organizations with legal staff or lawyers to ensure that accident payouts are as low as possible.
Additionally, even smaller companies let their insurance company adjusters fight your claims, so you may need the help of our preeminent-rated truck accident attorneys from Baumgartner Law Firm.
Our lawyers will act quickly and demand crucial information such as the truck driver’s logbook, the truck’s black box, and other company records.
Besides, the Texas statute of limitation requires you to file a lawsuit within two years after your accident. Don’t delay in getting a leading attorney for your accident with a delivery truck.
Free Case Evaluations
Some lawyers may charge just for you to see them initially and count on making money this way without caring that much whether you win. You can avoid this problem by finding lawyers that offer a free case evaluation.
It also helps to choose a lawyer who only charges if they win your case for extra motivation. With Baumgartner Law Firm, there is never a charge for an initial case evaluation! Call us at (281) 587-1111 or send us an email to request a case consultation!
Baumgartner Law Firm Personal Injury Lawyer Practice Areas
At Baumgartner Law Firm, our personal injury attorney in Houston, TX helps clients throughout Texas maximize their damages to get the compensation they deserve. We have recovered millions of dollars and represented thousands of accident victims.
Since 1985, our firm has limited the practice to serious injury cases and produced exceptional results in the following areas:
- Auto & Car Accidents
- Catastrophic and Severe Injuries
- Construction Site Accidents
- Truck & 18-Wheeler Accidents
- Daycare Negligence & Child Injury
- Motorcycle Accidents
- Drunk Driving Accidents
- Dram Shop Lawsuits
- Wrongful Death
Our founder attorney, Greg Baumgartner, has over 35 years of experience and has been peer-reviewed preeminent for decades.
Contact A Houston Amazon Accident Attorney
Call an Experienced Amazon Accident Lawyer at Baumgartner Law Firm for a free consultation after an injury accident with an Amazon driver. We have been winning commercial vehicle accident cases for over three decades. Let us put our winning law firm to work on your case! Call (281) 587-1111 or complete the online consultation request form.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Do you make house calls or hospital visits?
What kind of cases do you accept?
We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we accept, we can provide the time attention, and resources required to maximize compensation for our clients.
Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
Do I have to pay money out of my pocket to hire you?
Do you handle all types of personal injury cases?
No, we are very selective in the cases that we agree to accept. We intentionally limit the number of cases that we handle and the practice areas for the cases we take to provide the best possible personal service for our clients. To learn more about the cases we cover, visit our practice areas page or you can contact us for individual consultation about your case. (281) 587-1111.
What is the best way to contact you?
We prefer to be contacted by telephone and also respond to our online consultation requests. You can call us 24/7 at (281) 587-1111. We offer Zoom consultations as well.
How successful have you been with your cases?
We are a personal injury law firm with over three decades of experience and are extremely proud of our winning track record of success. Our founder is nationally recognized as among the best personal injury lawyers in the USA. We are undefeated in truck accident cases, wrongful death cases, and daycare negligence and invite you to check out our results page for recent results in cases we won.
For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
Houston Personal Injury Victim
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