Who do I sue if I was hit by an Amazon delivery bike driver?
In situations similar to as stated in the title, you may be able to sue Amazon, the company the driver worked for, or even the driver, notes injury lawyer Doug Landau. Usually, if a driver is operating a vehicle in the course of their employment, you can bring in the employer under the legal doctrine where the company can be held responsible for the actions of their employees who are acting in the scope of their jobs. This is called “respondent superior,” and it brings in the insurance coverage and assets of the employer to pay for the injuries caused by the employee driver.
Sometimes these delivery drivers work for third party companies, that then contract with Amazon. Many “big box” retailers do the same thing. So, even though these pedicycles or mini bike trucks have the Amazon logo, colors and markings, they are operated by an intermediary company. That is why it is important to hire an experienced personal injury lawyer to represent your interest after a bad crash against a corporation, like Amazon, its subcontractors, and intermediaries. If the lawyer has also represented Amazon employees in their injury and workers comp claims, they will have “inside information” as to how the giant corporation operates. Doug Landau has successfully helped Amazon employees in their injury cases, and has learned quite a bit about how they push their workers to go ever faster, until their bodies break down, or they become careless or someone else gets hurt.
Because there may be companies between Amazon and the driver, immediate investigation can make or break a case. Suing the wrong company can lead to the dismissal case, leaving you unreimbursed for the damages you sustained. In addition, suing the individual driver may be a mistake if they have minimal liability insurance coverage. Great lawyers investigate the liability in the case right away, utilizing surveillance video, police reports, eye witness statements and private investigators. Unfortunately, many big firms will do it on the cheap, and not spend the time, money, or resources to get the critical evidence that could mean the difference between suing the right companies and collecting full damages, or winding up with nothing.
While on a recent trip to New York City, Doug Landau noticed that these Amazon delivery vehicles use pedals, but have four wheels and significant blind spots. In addition, on a rainy day, when they are fully loaded, they cannot stop on a dime. Lastly, Landau noticde that they go from the road to the sidewalk, which would be prohibited if they were bicycles in many jurisdictions. While they may increase efficiency, keep packages dry, and not require utilizing difficult to find parking or triggering expensive New York City zone utilization fees, these Amazon delivery “boxes on wheels” pose dangers to pedestrians on the sidewalk, cyclists in the bike lanes, and cars on the road. It will be interesting to see what case law develops as these Amazon delivery boxes on 4 wheels come into greater use, and the law catches up to meet the realities on the street. Will they be subject to the laws governing cars, will they be treated as bicycles or will they be placed into a whole new category? Time will tell…
If you or someone you care about has been injured due to the unsafe operation of an Amazon delivery vehicle, and there are legal questions, please contact us at once. Lawyer Doug Landau and the team at ABRAMS LANDAU, Ltd. are committed to advocating for those injured and ensuring they receive the care and compensation they need. Contact us today to get experienced legal help in personal injury cases at frontdesk@landaulawshop.com or call/text us at (703) 796-9555.