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-   -   Amazon delivery drivers involved in accidents. (http://www.peachparts.com/shopforum/showthread.php?t=403788)

merc lover 02-19-2020 11:29 AM

Amazon delivery drivers involved in accidents.
 
https://www.nytimes.com/2019/09/05/us/amazon-delivery-drivers-accidents.html

JB3 02-26-2020 08:42 AM

The law for subcontractor issues is clear. While the cargo may be amazon, the vehicle and driver are employed by a separate company with its own insurance obligations.

Awful story, but hundreds of years of precedent are not going to be altered by another traffic fatality, sorry.

Does amazon own the truck? No
Does amazon employ the driver? No

You will find that when accidents involve amazon vehicles owned by amazon with amazon employees driving, they are indeed held accountable.

vwnate1 02-26-2020 10:01 AM

hm is just regurgitating the fear based agitprop he reads .

Taxis and police cars are involved in collisions daily, no fear mongering there so he cherry picks a bit of yellow journalism .


Imagine this headline : "THOUSANDS OF AMERICAN CITIZENS HURT IN VEHICLE COLLISIONS DAILY NATIONWIDE !" that's fact unlike anything hm ever says .

davidmash 02-26-2020 11:25 AM

Quote:

Originally Posted by vwnate1 (Post 4012968)
hm is just regurgitating the fear based agitprop he reads .

Taxis and police cars are involved in collisions daily, no fear mongering there so he cherry picks a bit of yellow journalism .


Imagine this headline : "THOUSANDS OF AMERICAN CITIZENS HURT IN VEHICLE COLLISIONS DAILY NATIONWIDE !" that's fact unlike anything hm ever says .

Great. You just gave him two more things to try and post on.... good going.;)

INSIDIOUS 02-26-2020 02:01 PM

9/5/19

Capt. Mike 02-26-2020 02:14 PM

Quote:

Originally Posted by JB3 (Post 4012943)
The law for subcontractor issues is clear. While the cargo may be amazon, the vehicle and driver are employed by a separate company with its own insurance obligations.

Awful story, but hundreds of years of precedent are not going to be altered by another traffic fatality, sorry.

Does amazon own the truck? No
Does amazon employ the driver? No

You will find that when accidents involve amazon vehicles owned by amazon with amazon employees driving, they are indeed held accountable.

I would sure be upset if I mailed an overnight letter, the mail truck was in an accident, and I get sued for it.

merc lover 02-26-2020 02:44 PM

Quote:

Originally Posted by Capt. Mike (Post 4013087)
I would sure be upset if I mailed an overnight letter, the mail truck was in an accident, and I get sued for it.

Many lawyers take the bull by the horns by suing anyone and everyone that is even remotely involved. their philosophy is "let the courts sort it out".

This is why you see cases where the bailiff calls the case; the defendant steps forward and explains the situation to the judge. In about 90% of these cases, the judge excuses the wrongfully served defendant.

What a system.

davidmash 02-26-2020 02:51 PM

Quote:

Originally Posted by merc lover (Post 4013099)
Many lawyers take the bull by the horns by suing anyone and everyone that is even remotely involved. their philosophy is "let the courts sort it out".

This is why you see cases where the bailiff calls the case; the defendant steps forward and explains the situation to the judge. In about 90% of these cases, the judge excuses the wrongfully served defendant.

What a system.

Sounds like the system works, imperfect as it is.

barry12345 02-26-2020 06:34 PM

Quote:

Originally Posted by davidmash (Post 4013103)
Sounds like the system works, imperfect as it is.



Works kind of but not enough consistency. As an example we both separately do the same offence.

I doubt both of us will be treated equally if it goes to court. If it was an issue requiring some jail time. Just the simple availability of incarceration space may enable one of us to walk.

Or you are substantially richer than me. Can mean a different outcome.

Mxfrank 02-26-2020 08:12 PM

Sorry. Folks. I see this as one of the core fallacies if the gig economy. If a contractor forms his entire business around the needs of one customer, if the customer directs every detailed schedule, if the customer provides training, logistics support, recommends discipline, involves itself in hiring, and requires the contractor to assume liabilities on their behalf...that customer is an employer, and is liable for the actions of the employee. That position is supported by black letter law in some states, and it only makes sense.

You can’t compare this to mailing a letter, because your relationship with the post office is completely at arms length. You drop the letter in the slot, and lose control from that point until it’s delivered.

Here’s a discussion of the employer/contractor relationship. For some reason, the gig entrepreneurs have been able to get away with something that nobody closer to earth gravity would attempt:

https://corporate.findlaw.com/human-resources/employee-or-independent-contractor-the-implications-of-microsoft.html

davidmash 02-26-2020 08:56 PM

Quote:

Originally Posted by barry12345 (Post 4013208)
Works kind of but not enough consistency. As an example we both separately do the same offence.

I doubt both of us will be treated equally if it goes to court. If it was an issue requiring some jail time. Just the simple availability of incarceration space may enable one of us to walk.

Or you are substantially richer than me. Can mean a different outcome.

I agree completely. The system is by no means perfect. It's the best we have at the time. Most times I think the system works.... when it does not .. that makes head lines.

merc lover 02-27-2020 05:16 PM

the so-called "system" is great at working us all over.

Autoputzer 02-27-2020 08:55 PM

Quote:

Originally Posted by merc lover (Post 4013099)
Many lawyers take the bull by the horns by suing anyone and everyone that is even remotely involved. their philosophy is "let the courts sort it out".

This is why you see cases where the bailiff calls the case; the defendant steps forward and explains the situation to the judge. In about 90% of these cases, the judge excuses the wrongfully served defendant.

What a system.

It really works when the wrongfully served defendant becomes the plaintiff, suing to recover legal costs. There was a story on 60 Minutes recently about a couple who lost a child in a mass shooting going to other mass shootings to counsel survivors, bla, bla, bla. In passing, the story mentioned that the couple sued the gun or gun accessory manufacturers for the wrongful death of their child and got stuck paying the defendant's legal bills, hundreds of thousands of dollars, and having to file bankruptcy.

davidmash 02-27-2020 10:27 PM

Quote:

Originally Posted by merc lover (Post 4013611)
the so-called "system" is great at working us all over.

You know nothing about the system, law or much of anything else. You are not in the position to judge the legal system.

INSIDIOUS 02-27-2020 11:34 PM

Quote:

Originally Posted by Autoputzer (Post 4013683)
It really works when the wrongfully served defendant becomes the plaintiff, suing to recover legal costs. There was a story on 60 Minutes recently about a couple who lost a child in a mass shooting going to other mass shootings to counsel survivors, bla, bla, bla. In passing, the story mentioned that the couple sued the gun or gun accessory manufacturers for the wrongful death of their child and got stuck paying the defendant's legal bills, hundreds of thousands of dollars, and having to file bankruptcy.

gotta link? has to be a pretty whacked out suit to have that


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