One of Schweickert Ganassin Krzak Rundio, LLP’s founding partners, Michael Krzak, is representing Alejandro Perez, a male motorist. He was unexpectedly struck by an Amazon delivery driver while waiting at an Evanston intersection two years ago during the beginning of the coronavirus pandemic. Perez continues to face significant functional impairments, including difficulty kneeling and standing, despite undergoing lower back surgery for his injuries soon after the accident.
Although Mr. Perez’s accident-related injuries have undoubtedly affected his quality of life, his physical impairments also adversely impacted his financial standing. The Illinois resident didn’t have health insurance when the collision occurred, which has given way to mounting medical bills. He’s also been unable to work as he once did. And, to make matters worse, Perez has since learned that Amazon’s insurance apparently doesn’t generally cover incidents like the one that left him hurt.
The coronavirus pandemic caused many of us to change how we do things, including getting the items we need. This led to companies identifying additional ways to distribute products to customers. This focus has resulted in many big retailers, including Amazon, devising alternate at-home delivery approaches to remain competitive. One approach that has gained some steam is the use of independent contractors to make deliveries.
Mr. Perez wasn’t aware of this practice when he filed suit against Amazon, requesting that they pay his mounting medical bills that their delivery driver caused when they struck him. Instead, he learned about this when Amazon told Mr. Perez in their response to his lawsuit that they wouldn’t be paying on his claim as the delivery driver who caused his injuries was not their employee. This fact blindsided Mr. Perez, considering how the at-fault motorist was dressed in an Amazon uniform, and the company’s logo was also on his delivery truck at the time of the incident.
Mr. Krzak later determined that the delivery driver who struck his client, Mr. Perez, was an independent contractor for Amazon. As such, he wasn’t covered by the retail giant’s insurance policy, which would have been the case if a traditionally employed worker had caused it.
Mr. Krzak has publicly voiced his and other similarly injured clients’ surprise to learn that delivery drivers who appear to be Amazon employees really aren’t. As Mr. Krzak has previously noted, “It’s not wrong for Amazon to have independent contractors.” However, there are certain indicators (such as the logo on a uniform and truck) that Mr. Krzak noted cause individuals to draw certain conclusions about responsibility for delivery driver actions, including accidents.
The surprise that Mr. Perez and Mr. Krzak experienced in learning that Amazon had no intention of taking responsibility for the former’s injuries is a common reaction among those who have been injured by independent contractors for a major company.
Other plaintiffs who have sued Amazon only to receive responses denying liability have resorted to suing third-party Amazon delivery services companies and perhaps independent contractor drivers in their individual capacity. This has resulted in undisclosed, private settlements being reached. This is what Mr. Perez is hopeful of securing with Attorney Krzak’s assistance in his case.
Mr. Krzak is hopeful that change will come to how big businesses like Amazon and other companies take responsibility for any delivery person operating on their behalf. He understands how challenging it can be taking on these Silicon Valley giants. However, he is intent on holding them accountable for their choices as best as he can, and that’s what he intends to now do in ensuring Mr. Perez gets the compensation he deserves for his injuries.
Our attorneys here at Schweickert Ganassin Krzak Rundio, LLP believe in the power of numbers. We believe that one way to effectuate change is to ensure big businesses understand or feel the impact of their choices. We feel that we can best do that by financially penalizing them for their deceptive practices so that when others undoubtedly become involved in accidents, pursuing liability will be much clearer.
Motor vehicle accidents are at the crux of what we do here at Schweickert Ganassin Krzak Rundio, LLP. We advocate for those crash victims who have suffered debilitating injuries who find themselves dealing with costly medical bills and potential denials of liability.
We advocate for them so that they can get the compensation they so desperately need to progress in their lives. We are eager to do the same for you. Reach out to us as soon as possible following an accident resulting in serious injuries so that we can advocate for you early on.