Amazon is one of the largest delivery services in the world, with thousands of trucks on the road on any given day. If you get hit by an Amazon truck in New Mexico, you may be entitled to financial compensation for your property damage and medical bills. It is possible to sue Amazon for these accidents, in many situations. Consult with an Amazon delivery truck accident attorney to discuss a specific case.
Amazon Truck Accidents and Negligence
Negligence is a legal term that applies when someone fails to use the proper or acceptable amount of care. If negligence causes harm to someone else, such as an injury or death in a New Mexico delivery truck accident, the negligent party can be held responsible with a lawsuit. A civil action against the negligent individual or entity could result in a judgment award to cover the victim’s related medical bills, property damage, lost wages, and pain and suffering.
If you get hit by an Amazon truck as a driver, motorcyclist, bicyclist or pedestrian, you may have grounds to file a lawsuit against the company for negligence. This can refer to negligence by the company itself, such as poor driver hiring or training practices, inadequate fleet maintenance, and ignored driver complaints. It could also mean negligence by an Amazon employee or contractor, including a delivery truck driver or “Flex” driver. The rule of vicarious liability holds employers responsible for the actions of employees who were acting within the scope of their employment.
What Should You Do After an Amazon Truck Accident?
If you get injured in an Amazon truck accident, contact an attorney to investigate the crash. If there is evidence that the truck driver or Amazon failed to take reasonable care to prevent the collision, you may have grounds to bring a lawsuit against Amazon for negligence. During a personal injury lawsuit, the burden of proof will rest with you as the plaintiff or filing party. This means you or your attorney must establish negligence as more likely to be true than not true using clear and convincing evidence.
Insurance Settlement vs. Truck Accident Lawsuit
A lawsuit is not the only option if you wish to seek financial compensation for an Amazon truck accident in New Mexico. An insurance settlement is another possibility – one that is more common than suing a negligent party. Settling a truck accident claim means coming to an agreement with an insurance provider to resolve the legal dispute for a certain amount of money. If both parties can agree to a settlement, the case will not go to court.
If, however, the insurance company refuses to offer a fair settlement or rejects your insurance claim, you may have no choice but to take your case to trial. Your lawyer can file a lawsuit directly against Amazon for its negligence or that of one of its workers. A settlement can still be reached at any point before the end of a trial. Most insurance companies want to avoid going to court due to the higher costs and unpredictability of a jury trial, and will offer higher settlements to avoid it.
Can You Sue the Amazon Truck Driver?
Even if you do not have grounds to name Amazon as the defendant in your truck accident case, you may still have a viable case against the individual truck driver who caused your accident. If Amazon’s liability coverage does not apply to your claim, the driver’s personal auto insurance policy may still be held responsible for paying for your hospital bills and vehicle repairs under New Mexico’s car accident laws.
For more information about your legal options after being hit by an Amazon truck in New Mexico, contact The Fine Law Firm at (505) 889-3463 to schedule a free case review with an attorney.