When Amazon is responsible for a truck or delivery vehicle accident, you can take them to court like any other business. The process of filing is complex, and it is sometimes difficult to actually sue Amazon in the first place, even when they might seem obviously at fault.
Lawsuits can be filed against Amazon for mistakes the company or its employees made. Proving Amazon’s responsibility often requires evidence that the responsible employee was working within the scope of their employment when they caused the accident. However, when drivers are contractors instead of employees, holding Amazon responsible might not be possible.
For a free case evaluation, call Mitchell Rogers Injury Law’s Las Vegas, NV truck accident attorneys at (702) 702-2622 right away.
Can You Sue Amazon for Truck Accidents in Nevada?
Nevada law allows lawsuits against trucking companies when a driver meets the following conditions:
- They were an employee, not an independent contractor.
- They were working within the scope of their job duties when they caused the crash.
- They caused the accident through negligence (i.e., a breach of a legal duty they owed you).
Note that it is incredibly important that the driver actually be an “employee” for this to work.
Was the Driver an Employee?
Amazon has both large, 18-wheeler trucks to deliver freight between warehouses and distribution centers, but it also has individual delivery truck drivers who often use vans or smaller trucks. Some of these drivers are direct employees of Amazon, but it is more likely they are either contractors or employees of third-party delivery companies.
If the driver was an independent contractor, Amazon cannot be sued unless that classification was wrong. To check the classification, courts look at various factors, not just what Amazon says:
- If Amazon controls the driver’s work hours, routes, order of deliveries, etc., they are more likely an employee.
- If the driver works under a company name (e.g., an LLC name) rather than their personal name, they are more likely a contractor.
- If the driver is paid as a contractor (i.e., with a 1099 instead of a W-2), they are more likely a contractor, but that is not sufficient by itself.
Suing Other Delivery Companies in Nevada
If the driver was an employee, but they worked directly for another transportation company that Amazon contracted with, you may be able to sue that company instead of Amazon. The requirements and processes are the same: the driver must have been working within the scope of their job, as an employee, when they caused the crash.
The Process for Suing Amazon
Most claims begin as insurance claims. With this, our Boulder City, NV personal injury lawyers can file a claim, explain your damages to the insurance company, and see if they are willing to pay full compensation.
If they refuse, we can file the case in court, which has the following stages:
Evidence Collection
We have to build your case before filing. This involves collecting evidence, drafting complaints, and calculating damages.
Filing
When we file the initial complaint, we list all of the facts and factors that make Amazon or another defendant responsible for your injuries. We then submit a copy to the court and serve the defendants with a copy.
Motions
Early motions in the case may be attempts from the company to dismiss the case, which is where most of the arguments about whether or not the driver was an employee will take place. If the case survives this stage, it moves on.
Discovery
In discovery, both sides exchange evidence, depose witnesses, and send questions to the other parties to make sure everyone has all of the information available to them. Trials are not done by surprise in the United States.
Negotiations
Negotiations take place throughout the case, but courts often press for real attempts to settle the case before a judge will schedule the case for trial. If the case still can’t settle, it goes to trial.
Trial
At trial, we present the case to the jury, and they decide fault and damages.
FAQs for Amazon Truck Accident Cases in Nevada?
What is the Likelihood of Holding Amazon Responsible?
Because Amazon usually pins accidents on drivers as independent contractors, courts might not be able to reach Amazon and hold it responsible. However, Amazon exerts so much control over its drivers – even the contractors – that some courts might be willing to hold Amazon responsible as an employer.
What if I Can’t Sue Amazon?
If the courts find the driver was properly classified as an independent contractor, then you might not be able to sue Amazon, but you can still sue the driver. If they work for another company, you may be able to sue that company as well.
Even individual drivers working as delivery drivers need to carry commercial driver’s insurance – or at least personal driver’s insurance – and that should cover your injuries.
Can Amazon Be Directly at Fault?
Amazon might be directly liable for a crash if it did something wrong, such as negligent hiring or retention of a driver. Unlike some trucking companies, Amazon doesn’t typically own or maintain the vehicles its drivers use, cutting down on liability for vehicle issues, too.
How Much Can You Get from Suing Amazon?
In any injury case, you can sue for as much as your injuries are worth. When suing individual drivers or smaller companies, their insurance should be quite robust. If the damages are still higher than their coverage, it might be hard to collect the full value.
That is why suing Amazon, when possible, is such a benefit: it can usually afford even high-dollar damages. However, commercial driver’s insurance and even smaller delivery companies can often afford these damages, too.
What Should I Do After a Crash with an Amazon Truck?
If you were hit by an Amazon truck, call 911, report the accident, and get any medical treatment you need. Then call a lawyer; do not talk to Amazon’s representatives or insurance companies without a lawyer on your side.
Call Our Nevada Truck Accident Attorneys Today
For help with your case, call (702) 702-2622 to speak with the Enterprise, NV truck accident lawyers at Mitchell Rogers Injury Law today.