In recent years, shoppers have moved from buying in brick and mortar stores to ordering the products they want online. This has certainly been the case here in Texas. As a result, you may have seen an increasing number of Amazon trucks on the highways and local roads of your community. This is no accident as Amazon is the largest online retailer in the world. What is an accident is the number of collisions involving Amazon trucks and Texas motorists, which has increased as well. In order to get the compensation you deserve for your injuries and damages, you are going to need the guidance of an experienced Texas personal injury attorney. This lawyer can help guide you through the process, making sure that you take all of the steps necessary to get compensated for your injuries.
What Should You Do Immediately After the Accident?
There are a number of things you should always do when you are involved in a traffic accident, including one with an Amazon truck. Following these steps will make sure you and your passengers get any immediate medical attention you need, and will often make a difference in securing a positive outcome of your case.
- Call the Police
You should call 911 to have the police come to the scene of the accident if they are not already there. The police will take charge of the situation, securing the accident scene and calling for an ambulance to take care of anyone who may have suffered physical injuries in the accident. In addition, the officers who respond will take down the information of each driver, including the one from Amazon, will interview everyone including witnesses, and will take steps to reconstruct how the accident occurred. This will all be recorded in a police report, which you will need in order to file your claim for damages.
- Seek Immediate Medical Attention
In many cases, you may not realize you have been injured in the accident. While some injuries like cuts and bruises may be immediately apparent, certain bone fractures and internal injuries may not show symptoms until well after the accident. Having an ambulance or other driver take you to an emergency room will not only help your claim, but it may save your life. In any event, you are going to want to have thorough medical records of your injuries.
- Get as Much Documentation as Possible
Unless you have been severely injured in the accident, you should use the time immediately after the accident to start documenting what occurred. This will include getting the driver’s license, license plate number, contact information, and a copy of the insurance card from the Amazon truck driver. You will also want to get the identities of any other drivers and passengers who may have been involved in the accident as well if this is a multi-vehicle accident. If there are any bystanders who witnessed the collision, you will want to see if they are willing to testify about what they saw and find out their contact information.
You can also use the camera on your cellphone to record details about the accident. This will include photographs of the vehicles, videos with comments from anyone who saw the accident, and any other details. Cellphone pictures and videos contain metadata that will show the time and date when they were made, making them valuable evidence that may come in handy in your case.
What Should You Do Later On?
After you have had the opportunity to get immediate medical care, you are going to want to do a few things that will help your case. Each of these should be done as soon as possible after the accident.
- Report the Accident to Your Auto Insurance Company
Even if you were not at fault for the accident, you are going to want to make your insurance company aware of what happened. You should include a copy of the police report and any of the documentation and information you gathered at the time of the accident. Your insurance company will need this to adjust your claim and to seek compensation from the Amazon driver and the company.
- Hire an Experienced Attorney
You will want to make sure you hire a Texas personal injury attorney who has experience handling traffic accident cases, especially those involving Amazon trucks. This attorney will provide valuable guidance for the claims process, including making sure how to hold the truck driver and Amazon accountable for your personal injuries and property damage.
- Contact Amazon
You and your attorney are also going to want to make sure that Amazon is aware of the collision. There is a chance that the Amazon truck driver did not advise his employer of the accident. It is vital to make sure that Amazon cannot use this as a defense against your claim.
What are the Texas Rules Governing Auto Accidents?
Texas has a modified comparative fault rule for automobile accidents. This applies to accidents involving Amazon trucks as well. Under this rule, fault is determined on a percentage basis. This will affect how much compensation a driver can receive in an accident case.
In general, if you are determined to be less than 50% at fault for the accident, you can receive compensation from the other driver for your personal injuries and property damage. The full amount of your monetary damages will be reduced by a percentage equal to your portion of the fault. So, if your total losses are $100,000 for personal injuries and property damage, and you were determined to be 20% at fault for the accident, you will be able to recover up to $80,000.
For cases where you are deemed to be more than 50% at fault for the accident, you will be unable to receive compensation. Therefore, it is vital that you provide as much information as possible, including evidence that will show that the Amazon truck driver was at least 50% at fault for the collision.
How Can You Receive Compensation from Amazon for Your Damages?
Holding Amazon accountable for the accident is often a difficult task. Amazon employs most of its truck drivers as independent contractors. As such, it often disavows any responsibility for the actions of the truck drivers. If the drivers were employees, then Amazon would be primarily liable. However, with this arrangement, you may have to look to the driver’s personal insurance policy first, with the Amazon insurance being secondary for any compensation.
An experienced Texas personal injury attorney can help you take steps to show that Amazon should be held accountable. In most cases, the driver is operating a vehicle owned by and registered to Amazon. This means that if you can show that the accident was caused in whole or in part by a defective part on the Amazon truck or poor maintenance, then you may be able to have Amazon held to be primarily liable for your injuries. This will often come down to proper documentation and investigation. Doing as much legwork as possible at the time of the accident will help your attorney later on when you are filing a claim or a lawsuit against Amazon and its driver.
Time is of the essence when you are filing such a claim. Texas has a two year statute of limitation for vehicle accidents. This begins to run from the date of the accident, except for a few very specific exemptions. If you are unable to reach a settlement with Amazon and fail to file a lawsuit by the second anniversary of the accident, you may be barred from suing Amazon and the driver.
If You Have Been Injured in an Accident with an Amazon Truck, Our Firm Can Help You Get the Compensation You Need For Your Injuries
Accidents with Amazon trucks have their own specific complexities. This is why you should contact the experienced personal injury attorneys at Hernandez Sunosky to help you with your claim, so you can get the compensation you deserve.