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Amazon Delivery Driver Accident Claims: Everything You Need to Know

  1. Amazon Delivery Driver Accident Claims: Everything You Need to Know
  2. Amazon’s Delivery System Is All About Efficiency and Cost-Savings
  3. The First Steps You Need to Take After an Amazon Delivery Truck Accident
  4. Injured by an Amazon Delivery Driver? Consult with a Car Accident Lawyer
  5. Will Adams Law Firm Can Help You After an Amazon Delivery Vehicle Car Accident

Amazon Delivery Driver Accident Claims: Everything You Need to Know

Many of us have become reliant on Amazon for our shopping needs. But our love of two-day delivery has its downsides. Our roadways are getting more and more congested with delivery vehicles, which means Amazon delivery truck accidents are becoming more common.

If you were involved in a car accident with an Amazon delivery driver, you may have questions about whether Amazon is liable for your lost wages, medical bills, and pain and suffering. However, the answer will vary depending on your situation.

As one of the largest companies in the world, Amazon aggressively protects itself from liability. The company’s delivery systems are structured in a way to shift responsibility away from the multi-billion-dollar company, which can leave injured parties and their families in a bind.

Will Adams Law Firm fights for individuals who were harmed by commercial drivers, helping them get the answers and compensation they deserve. In this article, we explore the complicated factors that might affect your Amazon delivery truck accident claim.

Amazon’s Delivery System Is All About Efficiency and Cost-Savings

Today, Amazon’s logistics operations rival traditional shipping companies like UPS and FedEx. It has invested millions of dollars in infrastructure and technology that makes their deliveries quick, efficient, and cost-effective.

However, their systems are far from perfect. The most expensive part of any delivery is still the “last mile,” when the package arrives at the customer’s home or office. Unfortunately, Amazon’s focus on the bottom line can negatively affect drivers, pedestrians, and other vulnerable road users.

Amazon’s Use of Independent Contractors as Delivery Drivers

Most “last mile” deliveries for Amazon are not done by its employees. Instead, the company hires independent contractors who use box trucks and other vehicles to drop off and pick up packages.

These contractors must carry their own commercial liability insurance coverage and meet other criteria set by Amazon. As part of their partnership, they must sign an agreement that they take on all liability for car crashes caused by their drivers. However, Amazon maintains significant control over the truck driver’s day-to-day work, tracking their progress and directing their routes.

Sometimes, the company pressures truck drivers to meet unattainable goals. Overworked, stressed-out drivers tend to break the rules of the road and cut corners—and their decisions can easily cause a car accident.

But contract truck drivers offer a significant advantage to Amazon—if a truck driver causes a crash, the retailer can argue that it is the independent contractor’s responsibility and their own.

The Amazon Flex Program

Since 2015, Amazon has also leveraged the gig economy for deliveries. Under its Flex Program, individuals can pick up shifts as Amazon delivery drivers using their own vehicles. In some circumstances, these drivers are covered by an Amazon Commercial Auto Insurance Policy. Generally, Amazon drivers are covered if they are actively delivering a package. But there are exceptions to this rule.

First, Amazon requires that all its Flex drivers carry their own personal auto insurance policy. Amazon’s commercial insurance only steps in and pays expenses and losses that the driver’s personal policy does not cover. It does not provide insurance coverage to drivers that are uninsured.

However, many personal auto policies are voided if the driver was engaged in a commercial activity at the time of a crash—and picking up or delivering packages is clearly a commercial activity. If a delivery driver’s insurance policy was void at the time of an accident, Amazon could argue that the driver also did not have insurance coverage through its corporate policy.

Second, if someone other than the approved delivery partner is driving at the time of the crash, Amazon will not cover injured parties’ damages. Unfortunately, it’s not uncommon for drivers to share their accounts with unauthorized people or team drive (often, friends or family).

These situations can leave individuals injured in an Amazon delivery truck accident in the lurch. They might have to file claims with their own uninsured/underinsured motorist or personal injury protection policies. In the worst cases, they might be unable to recover any compensation at all.

The First Steps You Need to Take After an Amazon Delivery Truck Accident

So, how do you ensure that you get the compensation and answers you deserve after an Amazon delivery truck accident? Regardless of who was at fault, or who was involved in the auto accident, it is very important to follow these steps.

  • Get yourself to safety. If there are any injuries or property damage, call 911 to get emergency help.
  • Cooperate with the police. They will take official statements and create an accident report. This may be very useful for insurance claims, and if needed, settlement negotiation or court cases.
  • Make sure to get contact information and auto insurance information from the other party. If the other driver is on the clock, the insurance should be their employer’s auto policy.
  • Document as much as you can. Take photographs and videos of the scene, including the damage and the license plates. Take note of any nearby cameras that may have captured the events. Get contact information from any witnesses. These can all be used for accident reconstruction.
  • Keep good records from the accident. Collect any bills, receipts, and doctor’s notes that you might have. These documents will be essential when calculating your financial losses.
  • If you have aches and pains, see a doctor. Injuries may not present themselves right away, or the pain may be masked by adrenaline. Even if you don’t feel hurt, it is always a good idea to be checked out by a doctor, especially if the vehicle damage is severe. And follow your doctor’s treatment plan as closely as possible.
  • Consult with a personal injury lawyer. Before you file a claim with the at-fault driver’s insurance policy, it’s a good idea to talk to an attorney. You can (and should) schedule a free, no-risk consultation with a reputable personal injury law firm.

The time following an accident can be very confusing and stressful. If you’re feeling overwhelmed or need help managing all the insurance company’s demands, Will Adams Law Firm can help.

RELATED: What Causes Truck Accidents? And Who Pays if I Get Injured?

“Will treats his clients with great kindness and compassion. He fully understands the pain and injustice each victim is going through. This compassion and understanding allows Will to prosecute your case to the fullest. Will is tenacious in pursuing what he feels is the correct settlement for his clients.”

- B & ES – Dallas, TX

“Will, Chris & Sarah. K and I just want to thank you so much for everything you’ve done for us and our family. Throughout this process you have kept us informed and been patient with us (especially me) as we navigated through unchartered territory. Putting things in your hands allowed Karl and I to focus on him getting better.”

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“Hi Will, I just wanted to take a minute and let you and your wonderful staff know just how much we appreciate each one of you! All of you have been so great to us. Y’all have always answered any and all questions immediately and never left us hanging or wondering about anything. All of you have made this.”

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"I wanted to thank you both for a job well done and for an outcome that far exceeded my expectations. I appreciated your expertise and your thoroughness of preparation, as well as keeping me informed of the possible outcomes at each major point.Will, I think that Chris did an excellent job and wanted to bring that to your attention."

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Injured by an Amazon Delivery Driver? Consult with a Car Accident Lawyer

While people should consult with a personal injury lawyer after any car accident, this is especially true after a wreck with an Amazon delivery driver. An attorney can help you identify each and every insurance policy that covers your claim, document your injuries, and calculate your losses.

For example, depending on your circumstances, you and your loved ones might have claims with the following insurance policies:

  • The truck driver’s or company’s liability policy
  • Liability policies of other at-fault drivers who contributed to the crash
  • Your personal injury protection policy
  • Uninsured/underinsured motorist coverage
  • Manufacturers and other businesses who helped distribute defective or dangerous car or truck parts (if they contributed to the wreck)
  • Other sources of insurance coverage

A skilled car accident lawyer, like those at Will Adams Law Firm, will dig into the facts of the situation, including asking for GPS data about how fast the delivery vehicle was moving at the time of the accident, the maintenance records for the vehicle, and the delivery driver’s driving history. These can all be critical to building your case, to prove liability and show why you deserve compensation for the damages you sustained during the auto accident.

Then, they will negotiate with each insurance company, fighting to get you the compensation you deserve. And if the insurance company refuses to offer a fair settlement, a personal injury lawyer can help you present your legal claims to a judge and jury.

How Can Amazon Avoid Liability for Its Delivery Drivers’ Mistakes?

Even though Amazon consistently argues that they are not responsible for its contractors’ actions, many lawyers disagree with them. It is well documented that Amazon pushes its delivery drivers to spend long hours on a tight delivery schedule. They monitor their progress, push them to move quickly, and forbid them from working for anyone other than Amazon. To many, this sounds more like an employer-employee relationship than a contractual partnership.

The team at Will Adams Law Firm is monitoring a variety of lawsuits challenging Amazon’s relationship with its independent contractors.

RELATED: How to Claim Lost Wages from a Car Accident

Will Adams Law Firm Can Help You After an Amazon Delivery Vehicle Car Accident

At Will Adams Law Firm, we have experience in handling difficult claims like the ones that may occur when an Amazon delivery vehicle causes an accident. We’re committed to helping you with your recovery, by showing you respect and standing up for you against those who are responsible.

For a private, free consultation with one of our attorneys, please call our office at 1-800-559-0593 or fill out this brief form. We want to help you get the compensation you deserve, so contact us today to get started.

References

Callahan, P. (2019, September 6). Amazon pushes fast shipping but avoids responsibility for the human cost. New York Times. Retrieved from https://www.nytimes.com/2019/09/05/us/amazon-delivery-drivers-accidents.html

Greene, J. (2020, November 27). Amazon’s big holiday shopping advantage: An in-house shipping network swollen by pandemic-fueled growth. The Washington Post. Retrieved from https://www.washingtonpost.com/technology/2020/11/27/amazon-shipping-competitive-threat/

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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