Why Hire Simmons and Fletcher, P.C., After An Accident With an Amazon Delivery Truck Driver?
Amazon delivery personnel may be classified as one of four different classifications: Employee, Third-Party Carrier, Delivery Service Partner, and Flex Driver. The latter three classes are various types of independent contractors that affect Amazon’s liability. It is critical that you hire a truck accident lawyer after an Amazon delivery truck accident or 18-wheeler wreck who understands vicarious liability and how it affects these entities.
Who is Liable If I Am in an Accident with an Amazon Employee?
If you are in a wreck that is caused by the negligence of an Amazon employee, Amazon is liable for the actions of their employee if:
- The employee was acting within the course and scope of their employment at the time of the collision, and;
- The employee’s negligence caused the collision in question.
However, Amazon drivers are rarely company employees.
Who is Liable for an Accident Caused by a Third-Party Carrier for Amazon?
Accidents involving third-party haulers for Amazon fall under interstate trucking regulations. Even though these haulers may be private companies, federal law requires them to take responsibility for anyone hauling their property. These contractors are considered statutory employees of the company.
As a practical matter, third-party carriers will have their own commercial insurance. Federal law requires commercial motor vehicles hauling non-hazardous freight to carry a minimum of $750,000 in liability coverage. However, their contract with Amazon may require them to carry additional coverage and name Amazon as an additional insured. For catastrophic injury cases, one may need to look beyond the first level of coverage to Amazon’s excess insurance coverage and/or assets. Thus, Amazon is still liable for its carriers’ negligent actions despite these carriers being independent contractors.
Who is Liable for an Accident Caused by an Amazon Delivery Service Partner?
Delivery Service Partners (DSP) are a type of Amazon contractor that creates its own company of delivery drivers, which the DSP coordinates to deliver a larger volume of packages. They deliver Amazon packages from the distribution center to customer’s homes and businesses. When you see an Amazon-branded van pulling up to your home, that is most likely a Delivery Service Partner. Amazon provided a few weeks of training, discounts on delivery vans and uniform purchases, and regular support. However, the DSP’s are independent contractors.
As a general rule of thumb, Amazon delivery truck drivers are independent contractors working for their DSP. Amazon Delivery Service Partners are liable for their actions and their employees’ actions. However, they are required to have insurance by both state law and their Amazon contract. Under Texas law, they are considered not just drivers but also a transportation network company—which imposes insurance and other requirements.
Who is Liable for an Accident Caused by an Amazon Flex Driver?
Amazon Flex Drivers are individuals who use their own private vehicles for delivery. These drivers set their work hours and dates and use their vehicles and outfits. Amazon is generally shielded from liability when these independent contractors deliver a package.
Despite the liability protection, Amazon provides $1,000,000,000.00 in liability insurance coverage and uninsured/underinsured motorist insurance coverage to Amazon Flex Drivers. However, their website suggests that this coverage only applies to drivers who also maintain their own private vehicle insurance when used for personal purposes. It will not cover a passenger in their car since they are not authorized to transport people.
The requirement that drivers maintain their own auto liability insurance is odd. In reality, personal auto policies are excluded when the vehicle is being used for business purposes. Thus, their personal policy will not apply when they are driving for Amazon.
What Damages Can I Recover If Hit by an Amazon Delivery Van, Truck, or Car?
The damages that you may recover after an Amazon driver negligently causes a collision may vary from state to state; however, they generally include compensation for:
- Medical bills incurred
- Future medical care costs
- Pain and suffering
- Mental anguish
- Physical impairment
- Loss of income
- Wrongful death.
The damages available to you will depend upon the type of injury suffered. Consult a personal injury lawyer to determine what damages best fit your case.
Hit By an Amazon Delivery Driver? Talk to an Attorney
Call Simmons and Fletcher, P.C. for a free consultation if an Amazon delivery driver hits you. You need an attorney on your side who can help you navigate the various state and federal laws that control employee and contractor liability. Our accident law firm has been helping car, truck, and delivery van accident victims since 1979. Call us if you were in an accident with a delivery truck in Houston or anywhere in the United States. We offer a 100% free consultation and charge no attorney fees or court costs unless we make a recovery for you. Call 800-298-0111 today.
