Hurt in a Crash With an Amazon Delivery Truck in Davie?

If an Amazon delivery van or semi-truck hurt you or someone you love on a Davie road, more than one company may be responsible. Florida deadlines also apply. Here is what injured people and their families should know.

Are you headed to a Nova Southeastern Sharks game or commuting on I-595? Davie’s roads can get crowded fast. Add heavy trucks and frequent delivery stops. The risk for everyone on the road goes up.

When an Amazon Truck Crash Happens on a Davie Road

An Amazon truck crash in Davie can happen on a highway, a busy arterial road, or a quiet neighborhood street.

Picture this. You’re driving on I-595 when traffic suddenly slows. An Amazon van behind you doesn’t stop in time.

Or you’re on State Road 7 when a semi drifts into your lane. Or a child rides a bike on a side street as a delivery van backs out of a driveway.

These crashes can happen in heavy commuter traffic, at highway interchanges, and on local roads. Delivery vehicles stop often on those roads. Every stop, turn, and rushed route adds risk for the drivers and the people around them.

Local news outlets have covered truck crashes in Davie. These incidents are not hard to find in the news.

Many people assume the driver is the only one to blame. That isn’t always the case. The next section explains why.

Why More Than One Company May Be Responsible

More than one company may share responsibility for an Amazon delivery crash. The answer depends on who hired, dispatched, owned, and controlled the vehicle.

Amazon often works with independent delivery companies. A driver may wear an Amazon uniform while driving a van that belongs to a different business. Each company in that chain may have a role.

Questions that often decide responsibility include:

• Who hired, trained, and supervised the driver?
• Who owned and maintained the vehicle?
• Who set the route and the delivery schedule?

Florida uses percentage-based fault. A court enters judgment against each liable party based on that party’s percentage of fault. Florida does not use joint and several liability (§ 768.81(3)). Fla. Stat. § 768.81 reads: “(4) APPLICABILITY.—This section does not apply to any action brought by any person to recover actual economic damages resulting from pollution, to any action based upon an intentional tort, or to any cause of action as to which application of the doctrine of joint and several liability is specifically provided by chapter 403, chapter 498, chapter 517, chapter 542, or chapter 895.”

In plain terms, each responsible party pays its own share. A defendant that wants to blame someone not in the lawsuit must plead that nonparty’s fault early, in its initial responsive pleading or by motion, absent a showing of good cause, though the pleading may be amended any time before trial.

Whether any company is responsible depends on the facts of each crash. We review these questions with you during a free consultation.

Evidence That Can Disappear Quickly After a Truck Crash

The most useful evidence includes the police report, scene photos, video, and the trucking company’s own records. Start collecting it as soon as you can.

• Police crash report. Florida law requires a long-form crash report for crashes that result in death, personal injury, or any indication of complaints of pain or discomfort by any of the parties or passengers involved in the crash, or that involve a violation of s. 316.061(1) or s. 316.193. It must be submitted within 10 days after the investigation is completed (§ 316.066). Under Fla. Stat. § 316.066(2)(a), crash reports that reveal personal information about the parties, such as home or employment addresses and telephone numbers, are confidential for 60 days after the report is filed. Under § 316.066(2)(b), those reports may be made immediately available to the parties involved in the crash, their legal representatives, and their insurers.
• Photos of the scene, the vehicles, and your injuries.
• Witness names and phone numbers.
• Video from dashcams or nearby cameras.
• Driver hours records. Federal rules require motor carriers to have drivers record their duty status for each 24-hour period. No false report is allowed (49 C.F.R. § 395.8).
• Carrier duties. A motor carrier must require drivers to follow the driver rules (49 C.F.R. § 390.11).

Electronic records like video and GPS data can be overwritten or deleted on a routine schedule. Asking early for these records to be preserved matters.

Keep every medical bill, appointment note, work-absence record, and insurance letter. If you can see a delivery vehicle’s company name and DOT number, write them down.

Florida Rules That Affect an Amazon Truck Injury Claim

Florida sets filing deadlines for most injury and wrongful death claims. Those deadlines can be shorter than many people expect.

Florida’s limitations statute, § 95.11, sets the time limits for filing most lawsuits. Missing one can end a claim.

Florida also has a no-fault system for car and truck crashes. Its personal injury protection rules cover certain medical and wage benefits.

Lawsuits for pain and suffering are limited.

• a significant and permanent loss of an important bodily function,
• a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement,
• significant and permanent scarring or disfigurement, or
• death.

These rules are technical. A lawyer can explain how they apply to your injury and your records.

Catastrophic Injuries and Wrongful Death in Amazon Truck Crashes

Large vehicle crashes can cause catastrophic injuries. Florida law also lets a family bring a wrongful death claim when a crash causes a death.

Some injuries change a person’s life in a single moment. These include spinal cord injuries and paralysis, traumatic brain injuries, amputations, severe burns, and serious back and neck injuries.

Recovery can take years. Rehabilitation, ongoing medical care, home changes, and time away from work are all part of the picture.

Florida counts medical and funeral expenses as economic damages under its fault statute.

When a crash causes a death, Florida’s Wrongful Death Act allows the responsible party to be held liable. This applies even though the injured person has died (§ 768.19).

The claim is brought by the decedent’s personal representative for the survivors and the estate (§ 768.20). A personal injury lawsuit pending at the time of death generally ends. The wrongful death claim takes its place.

Families in this position often carry grief and paperwork at the same time. Saving medical, funeral, and work records now can help protect the family’s options later.

Steps to Take in the Days After an Amazon Truck Crash in Davie

In the days after a crash, get medical care, report the crash to police, and save every record. Follow these steps in order:

1. Get a medical evaluation right away. Follow your doctors’ care.
2. Make sure the crash is reported to police.
3. Take photos of the scene, the vehicles, and your injuries.
4. Write down what happened, the time, and where you were.
5. Keep medical bills, letters, and paperwork together in one folder.

Be careful before giving a recorded statement to an insurance adjuster. This is especially true for an adjuster working for the company that employed the driver. A lawyer can help you handle those calls.

Our team can help request evidence and handle communications with insurers and companies. Keep following your medical providers’ instructions throughout the process.

How CHG Personal Injury Lawyers Can Help in Davie and Across Florida

CHG Personal Injury Lawyers is a Florida-based firm. It handles car, truck, and other personal injury and wrongful death cases for people in Davie and throughout Florida.

Igor Hernandez is the responsible lawyer for this page. He is admitted to The Florida Bar. Our lawyers and staff review each case together, from the crash report to the insurance calls.

The first consultation is free, confidential, and without obligation. CHG charges no attorney’s fees or case costs unless there is a recovery.

If an Amazon van or semi has left you or a family member hurt on a Davie road, contact CHG Personal Injury Lawyers for a free, confidential consultation. Do this before any deadline gets close.