10 Essential Steps After an Amazon Truck Accident in New York
Amazon’s rapid expansion of its delivery network has put more vans and trucks on New York roads than ever before. With that growth has come a rise in accidents involving Amazon vehicles. According to the Federal Motor Carrier Safety Administration (FMCSA), there are over 500,000 large truck crashes across the country each year. If you have been hit by an Amazon delivery truck or van in New York, what you do immediately afterward can have a significant impact on your ability to recover compensation.
At Denlea & Carton LLP, our White Plains truck accident lawyers have spent over 35 years representing seriously injured accident victims throughout Westchester County and the surrounding area. We have recovered more than $100 million in verdicts and settlements on behalf of our clients, and we treat every case with the same level of personal commitment we would extend to a member of our own family.
If you were injured in an Amazon truck accident, call us today at (914) 331-0100 for a free consultation.
Step 1: Prioritize Safety and Call 911
Your first priority after any collision is getting to safety. If your vehicle is drivable, you can move it out of active traffic, as long as you’re not putting yourself or others at further risk. Turn on your hazard lights and set up road flares or reflective triangles, if you have them. Call 911 immediately regardless of how minor the accident appears.
A police report creates an official record of the crash, documents the scene, and is often required by insurance companies and courts. Do not leave the scene before officers arrive.
Step 2: Check for Injuries and Get Medical Help
Check yourself and any passengers for injuries and tell the 911 dispatcher if anyone needs emergency medical attention. Even if you feel relatively fine in the immediate aftermath, do not decline medical evaluation at the scene.
Hidden Injuries Common in Truck Crashes
The force involved in a collision with a large commercial vehicle can cause injuries that are not immediately apparent. Whiplash, traumatic brain injuries, internal bleeding, and spinal damage may not produce obvious symptoms for hours or even days after the crash. Seeking medical attention right away creates a documented link between the accident and your injuries, which is critical for any future claim. Follow all medical advice and attend every follow-up appointment.
Step 3: Document the Scene Thoroughly
If you are physically able to do so safely, thorough documentation of the accident scene can be invaluable to your case. At Denlea & Carton LLP, we can use this documentation to build a strong personal injury claim for you.
Photos, License Plate, DOT Number
Use your phone to photograph the damage to all vehicles involved, skid marks, road conditions, traffic signals, and any visible injuries. Capture the Amazon vehicle’s license plate and, importantly, its DOT number, which is typically displayed on the side of the vehicle.
The DOT number can be used to identify the carrier, pull safety inspection records, and determine the vehicle’s regulatory history. Also photograph the driver’s license, insurance card, and registration of the Amazon driver.
Step 4: Exchange Information with the Amazon Driver
Collect the driver’s full name, contact information, driver’s license number, and insurance details. Note the name of the delivery company if it is different from Amazon, as many Amazon deliveries are handled by third-party contractors.
Write down the vehicle’s make, model, and any identifying numbers or markings on the van or truck. Stay calm and factual during this exchange. Do not apologize or make statements about fault.
Step 5: Gather Witness Contacts
Eyewitness accounts can be powerful evidence in truck accident cases. If bystanders or other drivers saw the crash, approach them before they leave and ask for their names and phone numbers. Witnesses can provide independent accounts or provide dash cam footage that corroborates your version of events and helps establish liability. If a business nearby may have surveillance footage that captured the accident, note its location as well.
Step 6: Notify Your Insurance Company (No-Fault State)
New York is a no-fault insurance state, which means that after an accident your own auto insurance policy generally covers your initial medical expenses and a portion of your lost wages regardless of who caused the crash. You are required to notify your insurer promptly after an accident and file a no-fault claim to access these benefits.
Serious Injury Threshold for Lawsuits
No-fault coverage has limits and it does not compensate for pain and suffering. To step outside the no-fault system and pursue a lawsuit against the at-fault driver or Amazon, your injuries must meet New York’s serious injury threshold. This includes significant disfigurement, bone fractures, permanent limitation of an organ or limb, or a medically determined injury that prevents you from performing all of your daily activities.
Many injuries sustained in Amazon truck collisions meet this threshold, making a personal injury lawsuit the appropriate path to full compensation. If you are unsure whether your injuries qualify under the serious injury threshold, call (914) 331-0100 to speak with one of our personal injury attorneys.
Step 7: Avoid Giving Statements to Amazon or Its Insurers
After a crash involving an Amazon vehicle, you may be contacted by Amazon’s insurance carrier or a representative of the delivery service partner. Do not give a recorded statement, sign any documents, or accept any settlement offer before speaking with an attorney. Insurance adjusters are trained to minimize payouts, and anything you say can be used to reduce or deny your claim. Politely decline and refer them to your attorney.
Step 8: Preserve Evidence Like Dashcam Footage
Evidence in truck accident cases can disappear quickly. If you have a dashcam, preserve that footage immediately. Your attorney can also send spoliation letters demanding that Amazon and the delivery contractor preserve their own evidence, including GPS data, delivery logs, driver hours-of-service records, and the vehicle’s event data recorder. This electronic evidence can be critical in establishing what the driver was doing in the moments before the crash and whether safety regulations were being followed.
Step 9: Understand Liability: Driver, DSP, or Amazon?
One of the most complex aspects of Amazon truck accident cases is determining who is legally responsible. Amazon frequently uses a network of Delivery Service Partners, or DSPs, which are independent contractors that hire their own drivers and operate their own vehicles under the Amazon brand. Amazon has historically argued that because DSP drivers are not direct Amazon employees, it bears no liability for their negligence.
Amazon Contractors Double Violation Rates
This argument does not always hold up. Courts have increasingly scrutinized the level of control Amazon exercises over DSP drivers through its delivery app, routing software, and performance requirements. Research has shown that Amazon delivery carriers have had safety violation rates significantly higher than industry averages, raising serious questions about training and oversight. Depending on the circumstances, liability in your case may rest with the driver, the DSP, Amazon itself, or some combination of all three. Untangling these relationships requires an attorney with experience handling commercial vehicle accident claims.
Step 10: Consult a Truck Accident Lawyer Immediately
Amazon truck accident cases may involve multiple potential defendants, complex insurance structures, and aggressive corporate legal teams working quickly to limit exposure. The sooner you have an experienced delivery truck accident attorney involved, the better positioned you will be to protect your rights and pursue full compensation for your injuries.
At Denlea & Carton LLP, our commercial vehicle accident attorneys take on only the most serious cases, which means we bring focused attention and substantial resources to every client we represent.
Co-founders James Denlea and Jeffrey Carton, along with our team of recognized litigators, have earned repeated recognition on the New York Metro Super Lawyers list and in The Best Lawyers in America. We take a deliberate, results-driven approach and do not settle cases for less than they are worth. We fight, and when necessary we go to trial. If your injuries are serious, and if the accident resulted in a wrongful death, we will pursue every avenue of accountability available to you.
Contact Denlea & Carton LLP today at (914) 331-0100 to schedule your free consultation. You pay nothing unless we recover compensation for you.
