Who’s Liable For Your Damages In an Amazon Delivery Vehicle Accident?

Photo: Tima Miroshnichenko on Pexels

Amazon delivery is great! Pretty much anything you can ever think of can be delivered to your front door. If you’re looking for convenience, Amazon is the way to go. With millions of deliveries going out every day, vehicle accidents are bound to happen. So, who’s responsible for covering your financial damages? 

Sometimes, it may be the Amazon delivery driver or it can be multiple parties. Since determining liability in an Amazon delivery truck accident is often confusing, we’re taking a look at the process. We’re even covering what you should do to help protect your Amazon delivery truck accident claim.

Steps to Take After an Amazon Delivery Vehicle Accident

If you’re involved in an accident with an Amazon delivery truck, it’s natural to feel a little overwhelmed. You’re suddenly facing unexpected financial costs and this is often just the start of your damages. 

However, a primary concern, other than your well-being, should be to protect your rights. This means following a few simple steps.

Seek Medical Attention

Since most trucking and even van accidents result in noticeable injuries, seeking medical attention should be a given. After all, you don’t want to sit there bleeding from your injuries instead of getting medical treatment.

Your health is always a priority and this means visiting a healthcare provider after the accident. Some injuries aren’t always immediately obvious. Soft tissue injuries are a good example, along with damage to some internal organs. You may feel fine for a few days or even weeks before noticing any pain or bruising. Adrenaline from the accident can also hide injury symptoms for a while.

To be safe, and protect your right to file a claim, a visit to your primary healthcare provider shouldn’t be overlooked. Make sure you save all of your medical records relating to the accident, these will be crucial to receiving compensation.

Report the Accident to the Authorities

All states have varying requirements when it comes to reporting accidents. However, most are in agreement when the accident involves a commercial truck, this includes Illinois. You must report all accidents that result in injuries, fatalities, or excessive property damage. In Illinois, any property damage exceeding $500 must be reported immediately to the authorities.

Reporting the accident immediately helps to ensure there’s an official record of the incident. Your accident report is also a requirement when you’re filing a compensation claim against the truck driver or vehicle owner. Without the report, it’s tough to prove the accident happened. Your accident report also contains crucial details that can help support your claim.

You can usually pick up your accident report in around ten business days. You should also expect to pay a nominal fee for your copy of the report. The fee is usually around $10 so don’t panic at the possibility of another large expense.

Try to Gather Evidence

Okay, so gathering evidence doesn’t mean crawling around the accident scene. If you’re injured, your health is a priority. Let the authorities handle gathering the evidence. 

If you’re wondering why you’re also gathering evidence, it’s to simply help speed up the claim process. Remember, it can take up to ten business days for your accident report to be ready for pickup. There’s no reason why you can’t help speed up the process if your injuries allow it.

What types of evidence should you try to gather? You’re only sticking to the basics. You’re probably not a licensed accident scene investigator. Plus, you don’t want to get in the way of the professionals. Grab your cell phone and take pictures of the accident scene, focusing on where your vehicle ended up. This can help prove fault. Don’t forget to take photos of any visible injuries, this includes your passengers. Your medical records will list your injuries but pictures can help prove the severity.

Don’t forget to jot down the location of any video surveillance cameras. This includes both traffic, business, and residential cameras. The footage can be subpoenaed by your personal injury attorney to help support your version of the accident.

Go ahead and exchange information with any witnesses but don’t discuss any particulars about the accident. The defendant’s insurance adjuster will also talk to the witnesses and you don’t want your statements to be used to try to devalue your injury claim.

Illinois is a Comparative Negligence State

Adding to the confusion after an Amazon truck accident are state insurance laws. Illinois is a comparative negligence state This means you may be sharing accident fault with the Amazon delivery driver. At first glance, comparative negligence can be a confusing rule. However, the premise is fairly straightforward.

Everyone involved in the vehicle accident is assessed a percentage of fault. As long as you’re not more than 50% responsible for your collision, you shouldn’t have a problem filing a personal injury claim. However, your potential compensation amount is going to be reduced by your assigned percentage of blame.

So, if you’re speeding and the Amazon delivery driver runs a red light, you’re both at fault. You may be assessed 25% of the blame. If your compensation amount is $100,000, you’ll end up receiving a check for $75,000. What happens if your percentage of blame is over 50%? When this happens your options are down to filing a claim with your insurance carrier and possibly filing a lawsuit against the at-fault party.

Pay Attention to the Statute of Limitations and Protect Your Rights

The last thing you’re probably thinking about is a timeline to file a claim after an Amazon truck accident. Unfortunately, it’s something you need to pay attention to regardless of the severity of your injuries. You have two years to file a personal injury claim after a delivery truck accident in Illinois. The statute can vary depending on the state. Some states allow up to three years, but it’s best to check with local standards.

If you miss the statute of limitations, there’s a good chance you can’t file a claim for damages. Hopefully, these steps can help you protect your rights after an accident with an Amazon delivery van or truck. 

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About the Author: Lenora Singh