At Leav & Steinberg LLP, we pride ourselves on obtaining 100% justice for our clients. Often, the facts of a particular case are challenging or difficult. Maybe the client was at an uncontrolled intersection, and a collision occurred. Maybe the condition that injured the client as he/she slipped and fell only existed for a short time, and proving the entity who was responsible can be challenging. We pride ourselves on doing all the work necessary to always fight for our clients.
That being said, sometimes a fact pattern or accident is clear and 100% the responsible party’s fault. With modern technology, it’s even caught on video. With all of that, a defendant or their insurance company WILL SOMETIMES STILL REFUSE TO ACCEPT RESPONSIBILITY. THIS IS JUST WRONG, AND WE WON’T STAND FOR THAT.
The truck accident lawyers at Leav and Steinberg are proud to announce an important update in one of our lawsuits against Amazon – involving an injury caused by a delivery vehicle. This case, which was previously reported on by a Queens News Reporter (1) – involved a woman who was sitting in her parked car when an Amazon delivery truck rear-ended her car before fleeing the scene.
Amazon — which has been known to avoid taking responsibility for injuries caused by delivery drivers — originally refused to address the horrible situation that resulted in serious injury. As the news story above reported, Amazon, with the video in hand clearly showing the accident and that their driver fled the scene, refused to accept responsibility, and, at the start, pay for our client’s property damage and rental reimbursement. After the news aired our story and we filed a suit, they agreed to pay for the property damage and rental; BUT REFUSED TO STILL ACCEPT RESPONSIBILITY FOR THE ACCIDENT. Amazon’s lawyers have continuously tried to undermine the severity of the accident and limit their liability for the injuries they clearly caused.
“Amazon’s actions are nothing short of outrageous,” Partner Edward Steinberg said of this case. “By refusing to provide an insurance claim, this multi-billion-dollar company has cost the family thousands of dollars in expenses, which will come on top of the medical bills they will have to pay for the severe injuries sustained.”
After a recent motion filed by our law office, the court ruled that Amazon is 100% responsible for the injuries caused to our client. This decision marks a significant milestone in this case and brings our auto accident attorneys in New York close to securing a complete settlement for our client.
Case Background – Hit and Run by Amazon Delivery Truck
Our client, Lucia Espinal, was sitting in her car parked on Beach Channel Drive in Queens when a large truck hit her vehicle, causing her to jolt in her seat and sustain injury. The crash, which is clear in the below video, shows the Amazon truck violently crashing into the back left of our client’s car, before speeding off from the scene.
Despite a clear effort to flee the scene, the Amazon driver was eventually located by law enforcement and admitted to rear-ending our client. Ms. Espinal sustained significant shoulder and spinal injuries. While she had some history of prior spinal trauma, a comparison of the MRI films and her complaints after this accident confirmed for her doctors that this accident caused new significant spinal injuries, which necessitated surgery and ongoing treatment.
Amazon’s Neglect to Pay What is Due
After the first news story broke and Amazon agreed to pay the property damage and rental costs, they still refused to accept 100% responsibility for causing the accident. Furthermore, they did not produce their driver for a deposition. As such, our auto accident lawyers made a motion for summary judgment to have a judge decide that, based on all the evidence, it was clear under the law that Amazon and its driver were 100% responsible for the accident.
To add insult to injury, Amazon and their counsel claimed, in response to our motion, that our client was not in the car despite the clear video evidence showing her get out after the impact when her husband, whom she was waiting to pick up, ran over to her.
Summary Judgement and Progress in Our Case
Despite Amazon’s best efforts to avoid responsibility for our client’s injuries, the judge assigned to this case recently awarded summary judgment, finding Amazon 100% responsible for all injuries resulting from this accident.
This court ruling strengthens Ms. Espinal’s case and brings us closer to recovering the maximum possible settlement on behalf of our client.
Delivery drivers and truck owners like the one described in this article have a history of mishandling claims by New York residents. Part of this issue can be attributed to the “bad faith loophole” in New York, where insurers are not penalized for delaying paying out insurance claims.
We’re glad to have received summary judgment, rightly attributing full responsibility for our client’s injuries to the Amazon driver. While this helps our case, we will not stop fighting until Amazon offers a complete settlement or the courts mandate it.
Contact Our Truck Accident Lawyers
The attorneys at Leav & Steinberg are deeply experienced with the laws pertaining to New York Truck accidents and can help you ensure the best possible settlement for your injuries.
But don’t just take our word for it. See our client reviews to learn more about our trusted truck accident lawyers.
If you or a loved one has been injured in a car or truck accident in New York, call our offices at (212) 766-5222 or fill out our contact form for a free case review.
Resources –
https://queenseagle.com/all/amazon-facing-lawsuit-for-rockaway-crash#disqus_thread
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