Amazon delivery vehicles are seemingly ubiquitous on America’s roads now. Although Amazon may strive to hire responsible drivers whose presence on the road won’t put others in jeopardy, accidents involving Amazon delivery trucks can and do happen. Sometimes, these accidents may result from negligence on the part of a driver or Amazon.
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Have you been involved in such an accident in Massachusetts? Keep reading if so. You may have grounds to take legal action accordingly.
Struck by an Amazon Delivery Driver in Massachusetts: Important Information About No-Fault Laws
In most states, when a motorist is injured in an accident another motorist caused, they can seek compensation for their medical bills, lost wages, and other such losses resulting from their accident by filing a claim with the insurance of the negligent party who caused the collision. If the negligent party’s insurance refuses to offer an appropriate settlement, or if the negligent party is not insured, the victim also has the option of filing a lawsuit in the hopes that a jury may award them damages in court.
Massachusetts is different. As one of a few states that uses the no-fault system, Massachusetts requires drivers to purchase their own insurance. When you’re involved in a motor vehicle accident in Massachusetts, you can file a claim with your own insurance for compensation. Even though your accident may have resulted from the negligence of another party, it’s your insurance that’s responsible for compensating you.
Suing Amazon After an Accident in Massachusetts
Filing a claim with your own insurance may be your primary means of seeking compensation after an accident with an Amazon truck in a no-fault state like Massachusetts. However, it’s not necessarily your only option.
In most no-fault states, victims can still file claims or lawsuits against negligent parties who caused their motor vehicle accidents if they can show their injuries and/or losses resulting from their accidents are severe enough to meet certain thresholds.
Massachusetts is no exception. If your injuries are particularly severe and your insurance thus cannot properly compensate you, it may be possible to justify filing a separate claim against Amazon’s insurance. To successfully recover the compensation for which you may be eligible, you will need to show that your accident occurred because Amazon was unreasonably negligent in a capacity that resulted in your collision and injuries.
When you’re involved in a motor vehicle accident in Massachusetts, you can file a claim with your own insurance for compensation.
Proving Negligence After an Amazon Delivery Vehicle Strikes You
A motor vehicle accident involving an Amazon delivery vehicle may have technically been the result of the driver’s negligence. They could have caused an accident if they were:
- Speeding
- Driving while under the influence of drugs or alcohol
- Driving while drowsy
- Driving aggressively
- Ignoring traffic signals
Regardless, Amazon will likely be the target of your claim in these circumstances. That’s because Amazon has a responsibility to hire safe drivers. If an accident occurs because one of Amazon’s delivery drivers is careless, Amazon is technically the liable party.
It’s also possible for accidents to result from Amazon’s negligence even if a driver didn’t make an error. For example, Amazon may also be responsible for ensuring its fleet of vehicles is in good working order. You may thus consider Amazon liable if an accident occurs because of an avoidable vehicle malfunction.
That said, there are other parties who may actually be liable after a motor vehicle accident if it’s not immediately clear an Amazon driver caused the accident. For instance, maybe another driver or pedestrian engaged in a dangerous maneuver that forced the collision. Or, maybe the government agency responsible for maintaining safe roads ignored a hazardous condition.
In order to successfully file a claim or lawsuit against a negligent party after any type of motor vehicle accident, particularly one that occurs in a no-fault state, you need to provide sufficient evidence of negligence. This is one of several reasons to strongly consider meeting with an attorney after an accident with an Amazon delivery truck in Massachusetts.
At Swartz & Swartz, P.C., we will review your case for free. If we believe you have a valid case, we can assist you with the process of gathering evidence against Amazon. Be aware, even if your injuries aren’t severe enough to justify filing a third-party claim or lawsuit, an attorney can still help you pursue the compensation you may deserve from your own insurance. Get started today by contacting us online or calling us at (617) 742-1900 to request your free consultation.
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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
About the Author: James Swartz
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