The surge in online shopping has led to a noticeable increase in Amazon delivery trucks on Texas roads. This growth, particularly in high-traffic areas like Houston and Harris County, has resulted in more frequent accidents involving these vehicles. Understanding the legal implications of an Amazon delivery truck accident is crucial to protecting your rights and fighting for the compensation you deserve.
As Amazon’s delivery operations expand, so does the importance of being well-informed about the steps to take after an accident. This guide provides valuable insights into the legal landscape surrounding Amazon truck accidents in Texas.
What to Do Immediately After an Amazon Delivery Truck Accident
Knowing the proper steps to take immediately after being hit by an Amazon truck can make a significant difference in the outcome of your claim. Here’s what you should do if you find yourself in this situation in Texas, particularly in Harris County.
Ensure Safety and Contact the Police
Your priority should be to ensure the safety of everyone involved. Move your vehicle to a safe location to avoid further collisions if possible. Once safety is secured, immediately contact the police. Dispatch will also send medical personnel if you or someone else has injuries. It’s essential to contact the police at the scene and get a report. The report can be valuable evidence in your subsequent claim for damages.
Document the Scene Thoroughly
Document the accident scene if you can do so safely. Use your phone to take clear photos of vehicle damage, road conditions, traffic signals, and any visible injuries. Collect contact information and statements from any witnesses. Detailed documentation is essential for Amazon truck accident claims in Texas, especially in a busy city like Houston, where traffic conditions complicate the liability investigation.
Seek Medical Attention
Even if you feel fine, seek medical attention after the accident. Some injuries may not be immediately apparent and can worsen over time. A medical evaluation will ensure your well-being and provide documentation that can be crucial in your claim. Don’t delay seeing a doctor; Amazon’s insurance company will allege that a subsequent event caused your injuries.
Report the Accident to Your Insurance
After addressing immediate concerns, report the accident to your insurance company. Be factual and concise in your description, providing them with the police report and any documentation you’ve gathered. This step is vital in processing your claim and ensuring coverage.
Hire a Texas Truck Accident Lawyer
Because these accidents involve a commercial delivery vehicle, consulting with an experienced lawyer is always best. You need legal guidance from someone who can help you navigate the potentially challenging claims process—especially in cases with severe injuries. Your best truck accident lawyer in Houston can also assist in negotiating with insurance companies and pursuing the compensation you deserve.
Understanding Fault and Liability in Texas
Texas follows a modified comparative fault rule, which can significantly impact the compensation you may receive. Under Texas law, comparative negligence determines how damages are awarded based on each party’s level of responsibility in an accident.
If you are partially at fault for the accident, your compensation is reduced by your percentage of fault. For example, if you are 20% at fault for the accident, you will receive 80% of your damages. However, if you are found to be more than 50% at fault, you won’t be entitled to any compensation.
Determining fault in an Amazon truck accident involves a thorough investigation. Law enforcement, insurance companies, and legal teams will review evidence such as police reports, witness statements, and any available video footage.
In Houston, where traffic congestion occurs constantly, determining fault can be particularly challenging due to the complex nature of multi-vehicle accidents. The fault may lie with the Amazon driver, another motorist, or a combination of parties. Understanding how fault is assigned is essential for building a solid case and maximizing your potential settlement.
Common Types of Amazon Truck Accidents in Texas
Amazon trucks are a frequent sight on Harris County roads. With the surge in delivery services, various accidents have become increasingly common. Understanding these accident types is crucial for anyone involved in an Amazon delivery truck accident.
Overview of Common Accident Types
In Texas, the most common types of accidents involving Amazon trucks include:
- Rear-end collisions—often caused by sudden stops or following too closely in heavy traffic;
- Side-impact crashes—these occur frequently at intersections or during lane changes, especially in congested areas;
- Improper lane changes—result from drivers failing to signal or check blind spots;
- T-bone collisions—occur when a delivery truck strikes the side of another vehicle, typically at intersections;
- Rollover accidents—can happen when a truck takes a turn too quickly or is improperly loaded, leading to loss of control; and
- Pedestrian accidents—delivery trucks may strike pedestrians while navigating tight spaces or during deliveries.
These are not the only accidents we routinely represent clients for; they are just among the most common.
Houston-Specific Trends
Houston sees a higher rate of delivery truck accidents, especially during the holiday season. According to a recent study by MRO Electric and Supply Company, Houston ranks as the 10th worst city for delivery drivers during the holidays, with a low overall score in categories like road quality and job performance.
The city’s traffic and challenging road conditions increase the risk of accidents. Rear-end collisions and side-swipes are particularly prevalent in congested areas, where delivery drivers must navigate tight spaces and heavy traffic.
Injuries Commonly Sustained in Amazon Truck Accidents
Accidents involving Amazon delivery trucks can result in a wide range of injuries, some of which have long-term consequences. The size and weight of these trucks often lead to more severe injuries compared to standard vehicle collisions.
Whiplash and Neck Injuries
Whiplash is a common injury in rear-end collisions, where the sudden impact causes the head to jerk forward and backward rapidly. It can lead to neck pain, stiffness, and, in some cases, long-term complications.
Traumatic Brain Injuries (TBI)
The force of a collision with an Amazon truck can result in traumatic brain injuries, ranging from concussions to more severe brain damage. TBIs can affect cognitive function, memory, and overall quality of life.
Spinal Cord Injuries
Spinal cord injuries are among the most severe outcomes of truck accidents. These injuries can lead to partial or complete paralysis, significantly changing the victim’s life. Even less severe spinal injuries can result in chronic pain and mobility issues.
Internal Injuries
Internal injuries, such as damage to organs or internal bleeding, can occur even if there are no visible wounds. These injuries are life-threatening and require immediate medical attention.
Broken Bones and Fractures
The impact from an Amazon truck can cause broken bones and fractures, particularly in the arms, legs, ribs, and pelvis. These injuries often require extensive medical treatment, including surgery and rehabilitation.
Cuts and Lacerations
Broken glass and other accident debris can cause deep cuts and lacerations. These wounds often lead to significant blood loss and a risk of infection.
Amazon Truck Accident Claims in Texas
Filing an Amazon delivery truck accident claim in Texas involves several critical steps. Understanding the process and the potential challenges is essential.
Filing a Claim
Provide your insurance company with all necessary details, including the police report, medical records, and any documentation you’ve gathered at the scene. Who handles the claim for the other driver depends on a few things, such as whose insurance is primary and whether the Amazon driver had any liability.
In Texas, Amazon typically alleges delivery drivers are independent contractors, and their insurance is secondary to the individual driver’s policy. That’s one reason why hiring a lawyer is so important. You need someone looking out for your interests, especially if there’s a coverage dispute.
Importance of Evidence and Documentation
Proper evidence and documentation are critical to the success of your claim. In Houston, where traffic and accident scenarios can be complex, thorough documentation becomes even more important.
Photos of the scene, witness statements, and detailed medical records will all support your claim. Additionally, having a comprehensive police report is essential in establishing fault and proving your case.
Litigation
We may need to file a lawsuit if we cannot negotiate a fair settlement. In Texas, you typically have two years from the accident date to file a lawsuit.
Failure to file a lawsuit within the deadline means the court may bar you from recovery. If your case proceeds into litigation, we will continue to do our best to build a solid case and help you maximize your potential settlement. If your case goes to trial, we will represent you throughout the process.
Texas Amazon Truck Accident Compensation
If you are 50% or less at fault, you can collect some compensation for your losses. Typical compensation in a truck accident claim might include:
- Medical expenses. Compensation includes immediate costs such as emergency room visits, surgeries, hospital stays, and ongoing physical therapy and rehabilitation treatment. In severe cases, compensation may also cover future medical needs.
- Lost wages. If your injuries prevent you from working, you can seek compensation for lost wages. It includes the income you’ve missed and any future earning capacity that may be affected due to long-term injuries.
- Pain and suffering. Texas law also allows victims to seek compensation for pain and suffering. It covers the physical pain and emotional distress caused by the accident, which can be particularly significant in cases involving severe injuries.
- Property damage. Compensation for property damage covers repairing or replacing your vehicle and any other personal property damaged in the accident.
In very select cases, you might be eligible to receive punitive damages. The court can award punitive damages when the defendant’s actions are grossly negligent, malicious, or fraudulent.
Contact a Texas Truck Accident Lawyer at Kolodny Law Firm
If you or a loved one was involved in an Amazon delivery truck accident in Texas, taking immediate action to protect your rights is essential. The complexities of these cases require skilled legal guidance to navigate the claims process and ensure you receive the compensation you deserve. Contact Kolodny Law Firm today to schedule a free consultation.
Our truck accident lawyers have decades of combined experience and understand the unique challenges of Amazon truck accident claims. We are ready to advocate for you every step of the way. Don’t wait—reach out to us now to build your case.
Where to find our Houston office:
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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