Liability When Amazon Delivery Vehicles Cause Accidents

You see them all the time on the roads: the large blue trucks or vans, delivering your Amazon packages. Of course, Amazon isn’t unique; many large online retailers that deliver, have their own delivery trucks or cars on the road.

Third Party Contractors

When you are injured by one of these vehicles, you may think it’s an easy matter or suing Amazon. After all, Amazon’s name is on the vehicle, and Amazon, like any employer, is liable for the errors and negligence of its employees.

But it often is not that simple, because many people may not know that Amazon often will contract with third party companies to handle their deliveries. And when you do sue Amazon for an accident involving one of its vehicles, Amazon will point the finger at these third parties and blame them.

There may be a host of reasons why Amazon allows third party companies to operate their delivery vehicles. One such reason, may be avoidance of liability—the ability to try to disclaim any liability for the negligent actions of these drivers.

Is Amazon Liable?

As a general rule, to see if Amazon is liable for something that a third party delivery company does, a court will look at how much control Amazon had over that driver or the company doing the deliveries.

Did Amazon set that driver’s schedule? Is the delivery company taking orders from Amazon? Do the drivers wear Amazon gear when they are working?

The answer to these questions is often yes, Amazon does exert that level of control, making them liable. Although there are times when Amazon or whichever company it is that you purchased the item from, may not have such control over the delivery drivers.

What if Amazon Doesn’t Have Control?

Even if Amazon didn’t have such this level of control or authority over the separate delivery driving company, that doesn’t mean that Amazon isn’t liable for the accident and your injuries. Amazon (and other companies like it) can also be liable for negligent hiring.

So for example, if the Delivery company has a history of accidents, and hiring drivers with DUIs in their background, or it hires drivers without doing background checks, Amazon can be held liable for using such a company to do Amazon’s deliveries.

Insurance Issues

There can also be complex legal issues involved. Some of those issues may have to do with insurance.

One good thing about separate companies doing deliveries for Amazon is that in larger damage cases, a victim may be able to recover damages from both Amazon, and the separate delivery company (or their insurance companies). Amazon does have basic minimum insurance requirements that it requires of companies that handle its deliveries.

Of course, Amazon’s liability is also dependent on whether the delivery driver was working at the time of the accident, or whether the driver was “off the clock,” such as on his or her way home. In that case, the driver’s individual insurance may have to be contacted to recover after an accident.

Injured in an accident involving a delivery truck or delivery driver?  Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200 for help.

Sources:

logistics.amazon.com/

flex.amazon.com/