Can I Sue an Amazon Delivery Driver in North Carolina?
North Carolinians are relying on deliveries more and more. Visits to retail locations are declining, and many people have begun shopping online for many of their purchases. With the increased number of deliveries, the number of accidents caused by delivery drivers has also increased. If you or your loved one has been seriously injured in an Amazon delivery truck accident, you may be entitled to compensation through a personal injury lawsuit.You May Have a Right to Sue the Delivery Driver Who Hit You
Amazone is a massive international company with significant resources. Pursuing a lawsuit against Amazon would give you a better chance to recover compensation than pursuing the driver personally. Unfortunately, you may not be able to sue Amazon itself if one of its drivers causes a car accident resulting in injuries. Most Amazon delivery drivers are considered independent contractors.
Additionally, Amazon does not own delivery trucks. Instead, they contract with private companies or individuals who own the trucks. Although there are several hurdles to suing Amazon, it may still be possible. If you have questions about whether you can sue Amazon, the best thing you can do is to reach out to a skilled personal injury attorney in North Carolina.Determining Liability After a Delivery Driver Accident
To recover compensation after an accident, you will need to prove liability. Drivers have a legal duty to use reasonable care under the circumstances to prevent injuries. The attorneys at Arnold & Smith, PLLC, have the resources and experience to work with experts to reconstruct the accident and gather evidence proving that the other party’s negligence caused your injuries.
We will take time to obtain any available videos, photos, or other evidence that proves liability. After thoroughly investigating your case, we will identify the party or parties you may be able to sue due to their liability, including the following:
- The private company that owns the truck or employs the delivery driver
- The delivery truck driver who was acting as an independent contractor
- The loading company
- The manufacturer of the delivery truck
- The truck maintenance company
- Local, state, or federal governments if the roadway was not adequately maintained
The facts in your unique case will help you determine who is at fault and responsible for providing the damages for your injuries. For example, if there is evidence that a mechanical failure caused the accident, you may have a valid legal claim against the delivery truck manufacturer. If another third-party driver was texting while driving, swerved into the amazon delivery truck, and then the delivery truck hit you, the third-party driver may be liable.Recovering Compensation After a Delivery Driver Accident
Amazon claims that their delivery drivers are independent contractors, not employees, to avoid liability when the drivers are involved in an accident. Under North Carolina law, victims can hold an employer responsible through the legal theory of vicarious liability. When an employee acts on their employer's behalf and negligently causes a car accident in the process, the victim can hold the employer responsible for the employee’s actions.
If the plaintiff can prove that Amazon exerts significant control over its drivers, you may have a better opportunity to sue Amazon directly. For example, if the company tells the drivers which packages to pick up, provides them with routes, and gives them deadlines, it may be easier to sue Amazon successfully. All of these factors show the important relationship between the delivery driver and Amazon and could prove that the driver is more like an employee than an independent contractor.Contact a North Carolina Personal Injury Attorney
Have you or your loved one been seriously injured in an accident with an Amazon, UPS, or any other type of delivery driver? It is crucial that you reach out to an attorney as soon as possible. You may be entitled to compensation for your injuries. However, recovering compensation from companies like Amazon can be challenging. Amazon has a team of attorneys prepared to fight against victims’ claims for compensation.
Working with a skilled attorney will help you level the playing field. When you hire Arnold & Smith, PLLC, we will immediately begin investigating your case and gathering evidence, giving you the best chance of recovering the full compensation you need and deserve. You may be entitled to compensation for your current and future medical expenses, property damage, lost income, loss of earning capacity, and other damages. Contact Arnold & Smith, PLLC, today to schedule a free case evaluation and learn how we can fight for you.