Category: Truck Accident

Our Denver personal injury attorneys at Donaldson Law, LLC, understand determining liability for Colorado semi-truck crashes can be complex and may involve multiple parties.

If a semi-truck crash is a result of driver error, such as negligence, fatigue, or violation of traffic laws, the driver could be held personally liable.

However, the company that employs the driver and owns or leases the truck is often held liable for accidents caused by their drivers while performing job-related duties. This includes ensuring proper maintenance, adherence to safety regulations, and appropriate driver training.

The manufacturer or maintenance provider might also bear some liability if a mechanical failure due to manufacturing defects or improper maintenance contributed to the crash. In some cases, other parties, such as cargo loaders or third-party logistics providers, could be liable if their negligence contributed to the accident.

In this post, we explicitly address liability in semi-truck crashes involving Amazon loads. Because these collisions occur more frequently on our Colorado roadways, we want to help injury victims and those who have lost their family members hold the liable party—or combination of parties—liable for their damages.

Who Is Liable for Commercial Vehicle Accidents Involving Amazon Cargo?

In 2012, Amazon began building its own logistics network. They bought trailers, hired drivers to pull them, designed the technology to plan routes and communicate with drivers, and built it all to the standards of a single customer: Itself.

As the network grew, Amazon saw an opportunity to serve even more customers. In 2019, the company opened its lanes, trucks, and capacity to shippers of all sizes. It calls this network Amazon Freight.

Under the Amazon Freight umbrella, there is a program called Amazon Relay. Amazon Relay is a technology product suite that enables carriers to self-register with Amazon and find, book, and execute Amazon loads. This includes accepting loads, assigning drivers, accessing Amazon’s Relay Load Board, tracking performance, viewing and downloading payment details, and raising issues.

In addition, there is a service called Amazon Freight Partners (AFPs). AFPs move Amazon freight between sites, such as warehouses and delivery stations, within the Amazon network. AFPs typically employ 20–45 commercial drivers to operate a fleet of state-of-the-art trucks provided by Amazon.

This means that Amazon employees, independent truck drivers hauling Amazon cargo, and trucking companies carrying Amazon freight could be involved in commercial trucking crashes in Colorado. The question is, who can be held liable for the damages that result?

The primary liability usually falls on the driver and the trucking company that owns or leases the vehicle. They are responsible for adhering to safety standards, proper vehicle maintenance, and ensuring drivers are well-trained and compliant with traffic laws.

Amazon could be partially liable if it can be demonstrated that its practices directly contributed to the crash.

This might include:

• Excessive Scheduling Demands: Amazon could be partially responsible if Amazon’s delivery schedules are so tight that they force drivers to operate unsafely, such as driving without adequate rest.
• Training and Guidelines: Amazon’s failure to provide proper safety guidelines or training to independent contractors may have contributed to the accident.
• Operational Control: If Amazon exercises significant control over the operations of the drivers beyond just providing loads, such as dictating specific routes or mandating certain operational practices.
• Negligence in Oversight: Amazon might be held accountable if Amazon fails to ensure that its partners adhere to safety and maintenance standards, which contributes to an accident.

Determining liability in such cases often requires thoroughly investigating the accident’s cause and the contractual and operational relationships between Amazon and the trucking companies or drivers involved.

Contact Our Skilled Personal Injury Lawyer Today

Our experienced commercial vehicle accident attorneys in Denver at Donaldson Law, LLC, can help ensure trucking and logistical professionals oversee the investigation so you can pursue each liable party involved in your crash. We have the resources and experience to handle the complexities of your case, so no detail is left to chance during your recovery.

Call (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case. We’re ready to listen and provide the guidance you need.

At Donaldson Law, LLC, our commercial truck accident attorneys in Denver, Colorado understand that the first line of defense in avoiding semi-truck collisions lies squarely with the truck driver and their trucking company.

Local, national, and international truck drivers must obey stringent regulations and safety standards put forth by the Federal Motor Carrier Safety Administration, including hours of service requirements.

Trucking companies must also do their part by maintaining their fleets for safe travel, hiring and retaining licensed and qualified truck drivers, and completing background checks along with periodic drug, alcohol, and behavioral screenings to ensure not only compliance but the safety of the general public.

Even when each of these conditions is met, we can all still do more to avoid traffic collisions involving commercial trucks.

Here’s how.

Maintain a Safe Distance from Large Commercial Trucks

Semi-trucks are also called 18-wheelers, which is an important designation.

They have 18 wheels for a reason. If one blows out during transit, the driver may continue to operate the large vehicle safely — thanks to the other 17 wheels supporting their load.

However, if you are next to a semi-truck when a tire blows the flying pieces we all see scattered about the interstate may interfere with your ability to drive properly. Also, the loud and unexpected sound of the tire popping may scare you into swerving into other vehicles sharing the roadway.

Maintaining a safe distance will allow you to avoid the surprise blow out and the flying rubber that follows.

Pass Semi-Trucks with Care and Consideration

It is not uncommon to pass a semi-truck on the highway and it can be a little nerve wracking when doing so.

Next time you do, keep this in mind: Large commercial trucks have glaring blind spots where their trailers extend, so if you must pass, always pass on the left where the truck driver is more likely to see you.

Avoid Stopping Abruptly in Front of a Semi-Truck

Large commercial trucks are often carrying heavy loads, with semi-trucks allowed a maximum of 80,000 pounds.

That means it will take their vehicle more time to stop than it does yours. If you stop quickly, the truck driver will be forced to also, which could lead to the truck smashing into your vehicle, or their trailer tipping over, causing several accidents at once.

Always Use Your Turn Signals

While drivers should always use their turn signals, paying special attention to using them when traveling near large trucks may help avoid a collision. Since commercial trucks take longer to adjust to other motorists’ movements, signaling before turning or even changing lanes is important and gives the truck driver time to slow down or merge too.

Avoid Using Your High Beams Around Large Trucks

Whether you are traveling behind a large truck, or towards one, be sure to avoid using your high beams by returning to your normal headlights within the equivalent of one block of the truck.

When bright lights connect with a commercial truck driver’s mirror, it can temporarily blind the driver for up to two seconds. That is more than enough time to cause a serious collision.

Never Drive Distracted

When operating a motor vehicle of any kind, it is imperative that you keep your eyes on the road and off your phone, onboard electronics, passengers, or other distractions like a dropped object, or reaching for something inside your console.

Likewise, avoid becoming distracted by factors outside of the vehicle, like what is happening outside a restaurant or diverting your attention to an accident on the other side of the road.

Stay alert and fully focused on the road ahead of you and keep both hands on the wheel.

We can all do our part to stay safe on our roadways, especially when traveling alongside large commercial trucks. Unfortunately, even when you are doing all the right things, someone else may not be. If you have been injured in an accident that was caused by another’s negligence, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today.