If you are in the unfortunate situation of being involved in an accident with an Amazon delivery driver, you may think you can sue Amazon for damages. However, accidents with Amazon delivery drivers are not as straightforward as you might think.
Amazon has gone to great lengths to make sure its delivery drivers are not employees. Thus, relieving Amazon of liability if one of its delivery drivers gets into an accident. However, Amazon can be held liable, depending on the details of your accident. Contact one of our personal injury attorneys at Maison Law today to see what legal options are available to you and plan the best course of action for your claim.
Do I Need a Lawyer After an Amazon Delivery Driver Accident in California?
Amazon truck accidents can be slightly more complicated than your typical vehicle accident. Most Amazon drivers are considered “independent contractors,” and work for a third-party company called Amazon Flex, which protects the giant corporation of Amazon from delivery truck accident lawsuits. However, Amazon Flex drivers are covered by a $1 million dollar insurance policy, so compensation is available if you’ve suffered damages. It is also important to note that an Amazon Flex driver’s insurance coverage only applies if the driver gets into an accident while they are on the clock and making a delivery.
Contact an experienced Amazon truck accident lawyer today at Maison Law to understand your legal options.
Amazon Truck Accident: Delivery Service Partner v. Amazon Flex
Amazon delivery drivers are employees of Amazon Delivery Service Partners, a service created by Amazon to allow businesses to start their own delivery service through Amazon, or with Amazon Flex, a third-party independent contractor employer. With Amazon Delivery Service Partners, drivers are employed by an outside business, not Amazon. However, both companies lease Amazon vehicles for their deliveries, and their drivers wear Amazon uniforms, so it can be confusing if you find yourself in an accident with one of these delivery drivers.
If you are in an accident with an Amazon Delivery Service Partner driver, it is important to remember you will most likely not be able to sue Amazon. Instead, the typical liable party would be the business the driver is delivering for. A company is responsible for their driver’s actions via vicarious liability, which is covered in California’s Respondeat Superior Law, which states:
“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
What Should I Do if I’m In an Amazon Delivery Driver Accident in California?
Amazon delivery driver accidents should be handled differently than your typical car accident. In a normal vehicle accident, you would ensure the safety of you and your passengers, call the authorities, and exchange insurance information with the other driver. These same steps still apply in an accident with an Amazon delivery driver, however, there are additional steps you should take. They include:
- Gather the driver’s insurance as well as the company’s insurance policy or Amazon Flex’s insurance policy (if applicable)
- Notate whether the driver was on a delivery or not
- Understand which city, or local laws may apply to delivery service accidents
- Most delivery drivers must be at least 18 years old, however, some cities require delivery drivers to be 19+ years of age with a valid license and insurance
- Do NOT admit fault
- Call the police and get a copy of the police report
Amazon has high-powered attorneys and thousands of drivers all over the United States, so it may be difficult to get them to pay attention to your claim. However, if you contact a personal injury attorney, Amazon will have no choice but to take your claim seriously.
Contact an Amazon Delivery Driver Accident Lawyer in California
If you or a loved one have been injured due to the carelessness of an Amazon delivery driver, the experienced accident attorneys at Maison Law can help. We’ll deal with Amazon’s corporate lawyers on your behalf and ensure your right to fair compensation is protected against any insurance company attempting to minimize your damages. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required and we only get paid if we win your case.
