Through its “Amazon Prime” 2-day delivery service, massive online retailer Amazon has been paying local drivers across the country to deliver its products to customers in their communities. Recent news reports have revealed that Amazon’s delivery service comes with a high human cost, however, as several people and their families have reported suffering serious injuries, and sometimes death, in accidents with Amazon’s delivery drivers. Worse, Amazon has spent millions of dollars to protect itself from liability and avoid paying these victims.
If you or a loved one has been in a serious car accident with an Amazon delivery driver, it’s important for you and your family to take immediate action to take care of yourselves and seek compensation for your injuries:
Read about how personal injury cases work and how our firm can help you obtain compensation for your injuries and help you maximize the value of your case.
The answer is yes, but it takes a lot of work. It used to be that an employer was responsible for damages or injuries caused by their employees, including their delivery drivers. In most states now, however, powerful companies like Amazon, Lyft, and Uber have gained “immunity” from lawsuits brought by victims of serious injuries by exploiting a loophole in the law—Amazon’s drivers aren’t “employees” working for the company.
Rather, according to Amazon, their drivers are “independent contractors” who just happen to be getting paid by Amazon to deliver Amazon’s products. Under the law, companies aren’t responsible when their independent contractors cause an accident, as the company doesn’t have the same control over the independent contractor as it does its employees.
So, compared to the process when you get in an accident with a UPS, FedEx, or Post Office driver, filing a personal lawsuit against Amazon is much more difficult. From the beginning, Amazon will try to dismiss the lawsuit and argue that it is not responsible for its drivers’ actions.
Under Georgia law, however, companies can be liable for the accidents and injuries caused by their independent contractors if the victim of the injury can prove that the company exercised a lot of control over the independent contractor, such as by setting their deadlines, their delivery routes, or their hours of operation. If Amazon exercises enough control over its drivers and directs them how to do to their jobs, an Amazon driver is basically an employee, and an “independent contractor” in name only.
While the law allows victims to hold companies responsible for the actions of their independent contractors, the law makes it extraordinarily difficult to actually do so. If your lawsuit cannot show how Amazon treated its drivers more like employees than independent contractors, it will likely get dismissed.
With an experienced personal injury lawyer, however, you can make sure your lawsuit complies with the legal requirements and that you get your day in court. An experienced personal injury lawyer will also know how to maximize the value of your case by finding weak points in Amazon’s defense.
Perhaps most importantly in a case involving an injury by an Amazon driver, our personal injury lawyers will be able to access the records and documents you need to show that the Amazon driver who caused your accident was acting as an employee for the company. Following an intensive investigation into Amazon’s delivery service, for example, the New York Times published a long report on how Amazon hires outside drivers and delivery companies to deliver Amazon’s products. Using its leverage (and the threat of pulling its contracts), Amazon puts intense pressure on these delivery drivers to meet short deadlines and deliver more products, resulting in delivery drivers driving faster and more unsafely and putting the rest of us in danger. Our lawyers can get more information like this in order to hold Amazon accountable for its unsafe delivery practices.
Our personal injury lawyers can help you negotiate a fair settlement with Amazon that works on your terms, and if Amazon won’t do that, we will take them to trial and get you the compensation you deserve.
Call us now if you have been seriously injured in an accident with an Amazon delivery driver and want to hold the company accountable.
Our personal injury attorneys handle cases across the metro Atlanta area, including Fulton County, Dekalb County, Gwinnett County, Cobb County, Clayton County, Henry County, Douglas County, Forsyth County, Hall County, and the surrounding areas.