D.C. Couple Files $60M Lawsuit Against Amazon Delivery Driver
A Washington D.C. couple has filed a $60 million lawsuit against Amazon and another Maryland company after a traffic accident left the plaintiff with severe injuries. According to the lawsuit, the plaintiff was walking in a crosswalk when she was struck by an Amazon delivery truck. The Amazon truck’s dashcam video shows the plaintiff waiting at the crosswalk for the signal to change. The video shows the driver eating at the time of the accident. He turns into the intersection and strikes the plaintiff. Police issued the driver a citation for “colliding with a pedestrian.”
The plaintiff has since required 11 surgeries for multiple broken bones and spent nearly two months in the hospital. According to the victim’s husband, he was in Italy at the time of the accident talking with his wife on video chat the moment that she was hit. The husband said that he saw her starting to step across the road and “suddenly, I saw the sky. I heard people screaming; I could see later an officer approaching … And I saw her bleeding.”
The plaintiff says that she still requires more surgeries and will require a lifetime of medical care because of the extent of the injuries she suffered.
Who does the driver work for?
Amazon has attempted every legal trick in the book to insulate itself from liability in these types of matters. This is accomplished by hiring third-party companies to perform deliveries on Amazon’s behalf. These individuals drive trucks with Amazon logos on it and are directly controlled by Amazon’s app. They are often pressured into making deliveries quickly through the app and can be fired for failing to make deliveries quickly enough.
Since the driver works for a third-party company, Amazon wants to be able to claim that they are not liable for the accident, the third-party delivery company is. However, plaintiff’s attorneys have argued that since Amazon as a corporation exerts direct control over these drivers and often pressures them into making deliveries quickly, Amazon also contributes negligence to any accidents that occur.
Amazon calls the third-party delivery companies DSPs. These DSPs often carry commercial insurance policies, but these policies are often inadequate to cover the total cost of damages to a severely injured party. In the case mentioned above, the DSPs’ policy limit isn’t enough to cover the plaintiff’s medical expenses; and she is owed much more than that.
The couple has filed suit against both the DSP and Amazon. They are hoping to stick Amazon with the bill for the negligent driving. Amazon will likely move to dismiss the lawsuit filed against it in the hopes that the court will find that the DSP is solely liable for the accident. It remains to be seen whether the court will permit the couple to sue Amazon directly.
Talk to a Tampa, FL Commercial Vehicle Accident Attorney Today
The Tampa truck accident lawyers at The Matassini Law Firm represent the interests of those who have been injured in accidents with commercial vehicles. Such claims are different from typical accident claims, and you need an experienced attorney to advocate on your behalf. Call our office today to schedule a free consultation, and we can begin preparing your suit right away.
Source:
nbcwashington.com/investigations/60m-lawsuit-filed-against-amazon-and-local-delivery-service-after-dc-accident/3568465/
