If an Amazon van driver has injured you, you may have opportunities for reimbursement that you will need help to get. Here’s some information about how a lawyer with the right training and experience could aid you in getting your damages for an accident that may not have been your fault and that may have caused you severe loss. Our top-rated truck accident attorneys have been helping Texas families after severe accidents for over three decades.
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 either 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?
You may be able to seek damages from any party who delivers packages from Amazon, based on the situation.
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. The driver, in this case, 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.
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, there is a substantial amount of money that could be at play just through insurance.
What Determines If a Driver Is Covered?
Many factors can determine whether a driver is covered during an accident. It can be rather complicated, and it includes considerations such as whether the driver was transporting packages while working for Flex during the accident.
In some cases, this can affect which insurances cover the crash between their insurance or their coverage through Flex. Some insurers may also attempt to deny coverage given the complexities of the situation. Always expect a low-ball 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.
All of this means that it can be surprisingly easy for insurers to deny coverage, which underscores the importance of finding aid before making a timely claim.
What to Do After an Accident
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 to have a medical professional check you out as quickly as possible. If your injury is severe enough, this will include getting help from a specialist.
Make sure that you don’t record anything official for the insurance company for the other driver until you speak to an attorney yourself.
Getting a truck 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 truck accident attorney 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 behind the wheel, which was a known reckless driver. The company could be liable for any damages inflicted on you by this driver.
- Fight insurance company coverage denials-Some 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-Ana 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
The key to getting compensated with what’s owed to you is to find the right lawyer. Here are a few reasons why attorneys like those at the Baumgartner Law Firm are the right ones for helping you in the effort to get your just compensation.
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 substantial experience winning truck wrecks cases. You do not want a young associate learning on the job on your case. Don’t settle for less- get the best. Call the Baumgartner Law Firm at 281-587-1111 for a free consultation.
Experience in Commercial Auto Accident Law
It’s important to find lawyers who have experience in the law in general. 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.
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 if you choose a lawyer that only charges if they win your case for extra motivation. With Baumgartner Law Firm, there is never a charge for an initial case evaluation!
The age of information helps to trust reviews since they can give you a broad sense of what reputation the lawyer enjoys. Be careful, though, and only rely on reviews from actual clients instead of some with literally hundreds of reviews (most from non-clients), which is suspect at best! That’s why you should also check places like the Better Business Bureau of America, Martindale.com, and others before making your final choice for the best lawyer for your case.
Speak with an Experienced Lawyer for Your Wreck with an Amazon Driver
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 team to work on your case! Call 281-587-1111 or fill out the online consultation request form.