Amazon Truck Accident Lawyer in Indianapolis, IN
Amazon delivery trucks have become a familiar sight on the roads and highways of Indianapolis. The blue arrow logo is meant to signify the rapid delivery of products to consumers. With thousands of Amazon trucks transporting goods, accidents occur. If you are injured in a collision with an Amazon truck, you will need the help of an experienced Indianapolis Amazon truck accident attorney to hold the online retailer accountable.
After a serious accident, America’s largest retailer may claim the truck drivers it uses are independent contractors and that Amazon has no responsibility for the deaths, injuries, or other harm caused when Amazon delivery trucks crash.
The Indianapolis Amazon truck accident lawyers at Craig, Kelley & Faultless LLC will stand by you if you or a loved one has been injured in an accident involving an Amazon delivery truck in Indianapolis. We have the knowledge and experience to investigate why the accident occurred, identify those financially responsible, and hold those at-fault accountable. We do not back down when confronting large corporations or trucking companies. We will be prepared to take your case to court if necessary to seek justice.
Contact us today for a free consultation about an Amazon truck accident claim. You can reach us by phone at (800) 746-0226 or by filling out our online contact form.
Recent Investigation About Amazon Semi-Truck Accidents
A five-month investigation by The Information, which publishes articles about the technology industry, found that Amazon truck drivers were involved in at least 53 serious crashes between April 2018 and April 2021.
In its 5,000-word report, The Information says that more than 37,000 Amazon-branded trailers are on U.S. highways. Every day, hundreds of Amazon trucks pull in and out of Amazon warehouses like the one on South Girls School Road in Indianapolis, Indiana.
The 53 serious crashes involving Amazon semi-truck accidents caused at least 14 deaths and 60 serious injuries. Those are not the complete toll of wrecks and injuries attributable to the company. Amazon relies on a network of independent trucking companies to move its goods so it’s difficult to get a full picture of crashes associated with Amazon.
The data about more than four dozen Amazon truck crashes show that they were much like other semi-truck accidents:
- Most of the people injured or killed were in passenger vehicles, not Amazon trucks.
- In many of the accidents, Amazon’s trucks drifted onto the shoulder of a road or crossed the highway median and careened into oncoming traffic.
- The online shopping boom has put more trucks on the road as retailers have scrambled to fulfill customer orders in time.
- Investigative news stories by ProPublica and The New York Times published in 2019 found that Amazon had prioritized growing the size and speed of its last-mile delivery network over safety issues.
- Nearly all of the truckers who drive for Amazon are employees of other companies. For example, an Amazon driver involved in a catastrophic accident in April 2020 worked for a unit of the trucking company J.B. Hunt dedicated to moving cargo for Amazon.
The report says that “in a legal filing related to a 2019 truck crash that resulted in the death of a 73-year-old man in Kansas, Amazon quoted from a boilerplate agreement with its trucking companies, that says they are ‘required to indemnify and hold harmless Amazon from any third-party claim, liability, loss, damage, cost, or expense incurred by Amazon arising from or relating to the death of any person due to an act or omission by the carrier or its personnel.”
Amazon’s Potential Liability in a Delivery Truck Crash
While Amazon claims it does not employ truck drivers, others have argued that the company’s tight control over the schedules of drivers and the small trucking companies they work for make Amazon responsible for driver negligence on the road.
The Information reports that Amazon has taken more control over its trucking operations with actions that can be argued as defining an employment relationship, including:
- Loaning Amazon-branded tractors to truckers who agree to drive exclusively for Amazon.
- Using a third-party software system to monitor drivers for speeding, mistakes, and accidents in the yards of Amazon warehouses. Drivers’ performance problems endanger their trucking company’s ability to work with Amazon.
- Penalizing drivers who take breaks longer than 45 minutes, even if their deliveries are on time. Some carriers say they feel pressured to push their drivers to meet tight delivery deadlines while minimizing rest stops.
- Initiating Amazon Freight Partner, a program that gives Amazon more control over the small trucking companies participating in it by requiring them to agree to transport cargo only for Amazon. Carriers that join the freight partner program aren’t able to set their own rates or choose the routes assigned to their drivers.
Like all trucking companies that do work for Amazon, participants in the program have to promise to hold Amazon harmless and indemnify it for any damage, death, or injuries caused by its drivers.
Because of the control over drivers’ activities and the fact that Amazon owns the tractors that freight partners drive, Amazon may have opened itself up to liability with the program.
Indiana Code 22-3-6-1(b)(7) defines an independent contractor according to the guidelines of the Internal Revenue Service (IRS), which say in part:
You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.
If an employer-employee relationship exists (regardless of what the relationship is called), then you are not an independent contractor …
This matters because the law says an employer can be held vicariously liable for the actions of employees who the employer controls. In this case, it means Amazon may be held liable for the negligence of its truck drivers who cause accidents and injuries.
Common Causes of Amazon Truck Accidents
Some of the most common causes of delivery truck accidents include:
- Inexperienced drivers who may make such mistakes as following too closely or failing to adjust speeds in situations that lead to rollover accidents.
- Drowsy driving, which truck drivers may experience when pushed to meet unreasonable delivery deadlines. Fatigue makes drivers slower to react when they encounter road hazards and may cause them to fall asleep at the wheel.
- Distracted driving, which includes any activity that causes a driver to take their hands off the wheel, eyes off the road, or focus off the task of driving.
- Reckless driving such as speeding, running traffic lights, and making unsafe lane changes.
- Mechanical failure, such as loss of brakes due to poor maintenance of the delivery truck.
What to Do After Being Hit by an Amazon Truck
If you were injured in a crash caused by an Amazon tractor-trailer or another Amazon vehicle in Indianapolis, an Indianapolis Amazon truck accident lawyer at Craig, Kelley & Faultless LLC can help you determine your best option for seeking compensation for your medical bills and accident-related losses. At the scene of the accident, if you are able, you should:
- Contact the police. Their report will document the details of the accident and form the basis of an insurance claim.
- Exchange information. Get the Amazon driver’s name, driver’s license number and contact information, license plate number on the Amazon delivery truck, and insurance carrier information. Provide your information to them.
- Get emergency medical assistance. If EMTs say you should go to the hospital, cooperate with them, and get the medical care you need.
- Document the accident. Before leaving the accident scene, photograph the vehicles and their damage, your injuries, and anything else that helps show what happened. Get the names and contact information of any witnesses to the accident.
- Follow doctor’s orders. If you do not get emergency medical care, see a doctor as soon as possible and explain that you were in a truck accident. Medical treatment will help you recover from your injuries. The record of your attendance at all follow-up doctor’s appointments and physical therapy sessions will help to document your claim that you were injured.
Contact an Amazon Truck Accident Attorney in Indianapolis, IN Today
If you have suffered serious injuries in an Amazon semi-truck accident, it may be difficult to recover compensation for your losses without experienced legal help. Amazon is one of the country’s largest companies, It has legal staff dedicated to handling complaints of all sizes to ensure that the company maintains its advantage. But the Indianapolis truck accident attorneys at Craig, Kelley & Faultless LLC have been helping victims of truck accidents across the state of Indiana demand justice and rebuild their lives since 1999. We are ready to stand up to Amazon and the trucking companies they rely upon to transport goods.
Contact Craig, Kelley & Faultless today to discuss the details of your injury and get a clear understanding of your legal options. The initial consultation is free. Reach out to us by phone at (800) 746-0226 or fill out our online contact form. We will help you recover the compensation you need and deserve to get your life back on track. Call us now.
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Review by: Padré T.
Date published: July, 2022
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