Throughout Sacramento, residents and businesses often make purchases through the massive online retailer, Amazon. Amazon's expanded delivery options help consumers get these items quickly without having to venture out to a store. However, an increase in Amazon delivery trucks on the roadway increases the risk to other roadway users and could potentially result in an accident involving one of these trucks.
Accidents caused by Amazon delivery drivers are often complicated due to how the company classifies its drivers. An experienced personal injury lawyer, like those of Kash Legal, has an important role in this type of claim, as they can help their client navigate California's personal injury claims process in order to seek the compensation they deserve.
Who Is Liable When an Amazon Delivery Driver Causes an Accident?
In spite of the Amazon logo on these delivery trucks, or even the Amazon-emblazoned apparel worn by the drivers, those who deliver packages for Amazon are generally classified as independent contractors. This means that Amazon is largely removed from the liability for the actions of the drivers that is normally present if the driver is an employee.
Some of the drivers who work for smaller companies may be found liable for the accident, but the majority of Amazon delivery accident claims are filed against the driver’s personal auto liability policy. An experienced Sacramento Amazon delivery accident lawyer can thoroughly investigate the details of the claim in order to determine all sources of liability.
What Is the Process of Seeking Compensation After an Amazon Delivery Accident?
Once your Amazon delivery accident attorney has determined the sources of liability in your case and has helped you establish a value to your claim, they will demand that value from the liable party’s insurance provider. The insurance provider will assign a claims adjuster to review the details of the case in order to determine three things:
- Was their insured responsible for causing the accident?
- Are the damages being claimed covered in the insured’s policy?
- How much compensation is owed to the claimant (if any) for the insured’s liability?
After assessing the case, the claims adjuster will decide to either pay the amount demanded, deny the claim, or offer to settle the claim for less than the value demanded. Settlements are the most common resolution to personal injury claims, but your Amazon delivery accident attorney will likely have to negotiate with the at-fault party’s insurer in order to get them to make an offer that fairly compensates you for your injury. If the insurance provider fails to pay the claim, it can be filed as a lawsuit within California’s two-year statute of limitations that governs most accident claims.
How Can Personal Injury Attorneys Help?
Amazon delivery accident lawyers are commonly involved in the claims of their clients from start to finish. At the beginning of the case, the Amazon delivery accident attorney is able to help the claimant understand the process and answer their legal questions. They investigate the claim to determine liability, value the claim based on factors such as the amount of insurance available and the severity of the injuries suffered by the claimant, and initiate communication with the at-fault party’s insurance provider.
The Amazon delivery accident attorney uses their communication skills to help the insurer understand the details of the case and to negotiate a settlement. They can also ensure that a lawsuit is filed within the statute of limitations, as the consequence for allowing this statutory time limit to expire is almost always the loss of the claimant’s right to seek compensation through the civil court system. Without the right to sue, the claimant is highly unlikely to get a settlement offer from the insurer, as they’re not obligated to pay expired claims.
While most claims are resolved before the trial date arrives, your Amazon delivery accident attorney can still prepare the case for trial. They will engage in the court process through activities such as witness depositions, the filing of motions, the preparation of evidence, and the arranging of expert testimony. If the case goes to trial, the Amazon delivery accident attorney is tasked with presenting it to a judge or jury. At the conclusion of the claim, the attorney helps their client to receive the compensation they’ve been awarded.
What Can You Be Compensated For Through an Amazon Delivery Accident Claim?
Individuals who have been injured by negligent Amazon delivery drivers in California can seek compensation for the expenses they incurred as a result of their accident, such as all reasonable costs associated with medically treating their injury, wages lost for the time when the injury prevented them from working, lost earning capacity for the impacts of permanent injuries on their ability to work, and damage to their vehicle that occurred in the accident.
Claimants can also seek compensation for the often profound impacts that their injury has had on their quality of life. Common impacts that are claimed include physical pain and suffering, emotional distress, loss of consortium, and loss of the enjoyment of life. Punitive damages are also occasionally available in California personal injury claims if the claimant can prove that their accident was the result of the at-fault party’s malice, oppression, or fraud. Punitive damages involve compensation that is ordered by the court as a financial consequence for the egregious actions of a defendant.
Injured by an Amazon Delivery Driver? Kash Legal Can Help
Having garnered more than $300 million in settlements and court awards on behalf of our clients, the team at Kash Legal has the experience you need as you navigate the complex process of seeking compensation for the physical and psychological impacts of the injury you suffered in an Amazon delivery accident. We have the resources necessary to fight for your right to compensation, whether it involves negotiating a settlement with the driver’s insurer or even presenting the claim in court.
Let an experienced Sacramento Amazon delivery accident lawyer from Kash Legal explore your legal options with you and provide you with more information about the claims process. For your free case evaluation, call us at (888) 527-4128 or contact us through our online form.
How to Choose a Talented Sacramento Lawyer
There are various aspects to keep in mind when seeking to hire a Sacramento truck accident attorney for your case. You will find many law firms and attorneys in the city, but not all are best suited to handle your case. You need an attorney with vast experience and skills in handling truck accident cases in the region. To determine the right attorney for your case, consider their:
- Years of experience
- Skills in regards to your specific type of case
- Educational background
- Number of successful cases handled, especially in your type of case
- Reviews
Your chosen attorney should have vast experience handling truck accident cases. An experienced Sacramento Amazon delivery accident lawyer will know how to handle your case from start to finish, handle the documentation required, and know how to negotiate with insurance adjusters to reach a sufficient settlement. They should also have the skills to represent you in trial, if it comes to that.
Your attorney should have a proven track record and must have handled various successful truck accident cases. With an experienced truck accident attorney, you raise your chances of success in your case. You can also relax and focus on recovery, knowing that your case is in the right hands.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
Get Help From an Experienced Sacramento Truck Accident Attorney at Kash Legal
Kash Legal is a leading personal injury firm in California. Our Sacramento Amazon delivery accident lawyers are reputed for offering premium services in the state and can help you make informed decisions regarding your claim and your compensation. Retaining one of our attorneys can simplify the claims process and take care of the legal matters while you focus on recovery.
If you need help retrieving compensation for your injuries after a truck accident, fill out our contact form or give us a call at (888) 527-4128 to schedule a free consultation.
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