Amazon Truck Accident Lawsuits and Settlements
Have you been involved in an Amazon delivery van accident? Find out your legal options for compensation, factors affecting payouts, and how to pursue a lawsuit against Amazon and its delivery service providers.
Amazon’s key offering of convenient shopping makes it the world’s largest online retailer. But beneath the veneers of the ultra-fast deliveries that we’ve all come to love lies a supply chain that includes Amazon’s trucks, vans, delivery service partners (DSPs), delivery drivers, and warehouse employees — all of whom are under pressure to deliver fast.
With the rise in on-demand delivery and customer convenience, Amazon continues to grow delivery operations to meet the soaring demand.
Cue in more Amazon trucks and vans — all running on the same Amazon brand goal of making same- and next-day delivery the standard. This goal causes DSPs to lower their hiring standards or limit training for drivers and delivery drivers to cut corners to do the job on time, with speeding and distracted driving in neighborhoods with adults, kids, and pets walking becoming everyday occurrences. These acts translate to an increased risk of Amazon truck crashes causing bodily injuries and fatal traffic accidents. Indeed, in the future, more drivers for Amazon will hit the road and make errors that cause physical harm and mental anguish.
Being a victim of an Amazon truck accident can take a heavy financial, emotional, and physical toll. Amidst the flurry of medical bills you receive and wages you lose, you do not know who to go after. Amazon? Multiple Amazon entities? The Amazon van’s owner? The truck driver? You are also probably worried about your prospects of success going up against the world’s largest online retailer in a legal battle.
In this article, you will get all you need to know about being involved in these Amazon truck accident lawsuits. You will learn what legal rights and options are available after being on the wrong end of an Amazon delivery driver crash.
Read on for insight from an attorney for Amazon delivery van wrecks.
Do not wait to act. Call me at (804) 251-1620 or (757) 810-5614 to schedule your free, no-obligation consultation. We have the skill and knowledge to represent Amazon van crash victims in Virginia and Maryland, and we are well-equipped to help you secure the Amazon truck accident settlement you rightfully deserve.
The Underbelly of Amazon’s Delivery Chain
Amazon’s successful online retailer network soared in growth when the pandemic struck.
Due to lockdown regulations, customers wanted and needed their goods delivered to their doorsteps. This habit has stuck with customers and has become the preferred shopping mode for many. Me included.
Today, with a massive presence in Virginia and across the U.S., Amazon operates delivery systems locally and globally to fulfill orders.
To this end, Amazon contracts with DSPs, small delivery service companies that partner with Amazon to make deliveries. Currently, Amazon has over 1,700 DSPs on its books, driving over 50,000 Amazon-branded vehicles on U.S. roads.
Among these DSPs are leased semi-tractor trucks, delivery vans (Amazon has ordered thousands of these vans for its delivery service partners), Amazon flex cars (where independent contractors are hired under the Amazon Flex Program using their own vehicles, and third-party parcel carriers like FedEx (which they no longer engage), UPS, USPS, and other known (local) courier companies to deliver products to customers.
With this volume, it is no surprise that Amazon truck crashes are a frequent occurrence. However, in a promising move, Amazon announced in 2021 that it would equip delivery vehicles with camera safety technology and artificial intelligence (AI) to capture data and identify at-risk driving events.
But recent reports suggest a need for more progress.
For instance, according to a report by the Strategic Organizing Center (SOC), the number of Amazon delivery driver injuries is alarmingly high, with about one injury per five full-time Amazon delivery drivers. Since 2020, work-related injuries among Amazon delivery drivers have seen a staggering 40% increase. These statistics underscore the human toll of the safety concerns within Amazon’s delivery chain. Moreover, there are concerns that Amazon DSP accidents are being underreported, meaning the situation is worse.
Where Does the Buck Stop? Who is Liable for My Injuries from an Amazon Delivery Driver Crash?
Amazon classifies delivery service providers as “independent contractors.” Not employees.
This legal setup is Amazon’s attempt to insulate itself from liability for crashes caused by its delivery drivers. Indeed, when one of its delivery drivers is involved in a collision, Amazon may tell the crash victim to file claims with the DSP, not Amazon. Or Amazon may answer a personal injury lawsuit by alleging it is not responsible for DSPs or their drivers.
I have a big problem with this.
Although Amazon requires all delivery service providers to have insurance coverage (including commercial auto insurance, workers’ compensation insurance, and general liability insurance), and even runs an insurance program for its DSPs, the DSP’s coverage may be inadequate to make you whole after a crash. Further, the Amazon delivery service provider may declare bankruptcy if you obtain a large verdict at trial, leaving you with a worthless paper judgment.
In contrast, Amazon has sufficient insurance or assets to cover any damages awarded, and obtaining a verdict against Amazon ensures you can collect what the court awards.
Defeating Amazon’s “Independent Contractor” Defense
Fortunately, you may have an effective workaround to Amazon’s “independent contractor” defense—show the courts that Amazon can be classified as an employer for the purpose of liability.
If this argument succeeds, you can hold Amazon responsible for your harm under the legal doctrine of respondeat superior, which in Latin means, “let the superior make answer.” This doctrine is a form of vicarious liability where an employer is held responsible for its employee’s or agent’s wrongful acts.
Delivery drivers need autonomy to be considered independent contractors under tort law. In other words, a person or business entity may have to pay your damages if they have the right to control how the DSP or driver performs their deliveries.
Here, you want to spotlight how Amazon exerts employer-level control on DSPs and DSP drivers. In many cases, they do. Since they require these drivers to:
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- Deliver Amazon’s packages
- Wear Amazon uniforms while on the job;
- Drive Amazon-branded vehicles;
- Subject their movements to real-time surveillance using Amazon’s GPS tracking technology via devices like “Rabbit” or the “Mentor” app, which may require them to deliver items through specific (sometimes risky) routes and
- Follow Amazon’s set schedules and quotas (some quotas running as high as 350-400 deliveries per day or more than 25 deliveries per hour).
As you can tell, meeting these criteria exposes drivers to many risks—from long shifts and little-to-no breaks that lead to them being on the road for 10+ working hours to burnout and stress from having to manage high quotas.
In addition, DSP owners must apply to Amazon. Once accepted, they receive help from Amazon to start the company and must attend specific training courses. And often the DSP relies on Amazon for all its revenue.
Amazon’s control does not end there. It requires DSPs to defend, indemnify, and hold harmless Amazon when a crash victim claims compensation for bodily injuries. And it may limit the number of vans or employees a DSP controls to lower the potential for Amazon delivery drivers to form a union.
Hopefully, you win your vicarious liability claim. But even if the court rejects this argument, you can hold Amazon liable for your injuries under alternative legal theories. For example, the doctrines of negligent hiring, supervision, and retention may help you recover damages if you can show Amazon’s negligence in using this delivery service provider. Often this means showing a pattern of poor driving by the DSP.
Other Potential Defendants After an Amazon Crash
In addition to suing Amazon, you may also seek compensation from:
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- The driver of the Amazon delivery truck
- The delivery service provider that owns or leases the Amazon vehicle
- The truck manufacturer if the vehicle had a defect
- An automobile parts or tire manufacturer if a defect caused the accident
- A negligent mechanic or truck maintenance service whose work contributed to the wreck
- The company who loaded the package onto the truck (those responsible for securing the cargo)
Key Takeaway on Liability in Amazon Delivery Driver Lawsuits
Amazon may play a game of legal hide-and-seek, using technicalities to claim drivers are not employees. This is where you need a lawyer to scrutinize control over schedules and deadlines to debunk that argument. Only then can you hold the truly responsible parties accountable and get your rightful compensation.
But you should not rely on your claim against Amazon. Name all potential defendants in your lawsuit to maximize your recovery, then let the defendants fight among themselves over responsibility for the settlement or verdict.
Case Studies: Amazon Lawsuit Settlements & Verdicts
Cases like Shaw v. Amazon (Case No. 2021-CP-18-02173) have proven that where the plaintiff can show that Amazon had the right to control the delivery service provider and driver, and those defendants admit liability, Amazon’s strategy of deflecting liability to DSPs may fail.
The Shaw case featured a T-bone crash involving a motorcyclist hit by a driver delivering packages for Amazon in 2021. The motorcyclist suffered traumatic brain injury and orthopedic injuries, including fractures of the lumbar spine, a shoulder injury (rotator cuff tear), and cervical disc protrusion requiring spinal fusion and spinal cord stimulators.
Amazon argued that its delivery service partners and the delivery associate who caused the crash were independent contractors.
Despite Amazon’s argument that its delivery service partners and the delivery associate who caused the crash were independent contractors, the jury’s decision was clear. They found Amazon vicariously liable for the DSP and driver’s acts, and that Amazon was grossly negligent in its hiring, supervision, and retention of this specific driver.
Considering the evidence, the court awarded $44.6 million (including $30 million in punitive damages) to the plaintiff and against Amazon.
Other cases, however, show juries refusing to award damages against Amazon.
An Amazon delivery truck crash lawyer in Virginia can help you develop the facts to prove negligence and control.
What Are Some Common Causes of Amazon Delivery Truck Accidents?
News Outlets like ProPublica, Forbes, The New York Times, and Business Insider have reported on the pressure Amazon delivery drivers feel to drive dangerously to meet turnaround time.
Common issues leading to an Amazon accident may range from mechanical failure to driver errors. Here are some potential causes of these crashes:
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- Improperly loaded cargo
- Faulty vehicle parts;
- Lack of adequate driver training;
- Driving under the influence of drugs or alcohol (DUI);
- Driving while fatigued;
- A blocked windshield area which hampers visibility;
- Texting, talking on the phone, or looking at the GPS — all of which distract driving;
- Ignoring stop signs and traffic lights and
- Ignoring speed limits to meet a quota.
In addition, unlike tractor-trailer truckers, Amazon delivery vans are light enough to escape Department of Transportation (DOT) oversight. Amazon delivery drivers, therefore, may not have as much training and certification as other commercial vehicle drivers. And DSPs may have less liability insurance coverage than trucking companies.
Possible Injuries in Amazon Delivery Van Crashes
Amazon delivery truck accidents may leave you with much more than a dented fender. To put it aptly, these giant 18-wheelers and delivery vans are a moving warehouse.
Depending on how fast the truck was moving (particularly if the truck speeds to meet these crazy deadlines) and the sheer size of the vehicle, the bodily impact could range anywhere from grievous to life-altering.
They include:
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- Whiplash, where your head jerks violently back and forth, potentially concussing your brain and harming the cervical spine;
- Broken bones, from a fractured finger to a shattered leg, depending on the location of the impact;
- Cuts, scrapes, and burns, which may need minor stitches or even skin grafts;
- Head injuries, which can cause anything from a concussion to traumatic brain injury (TBI);
- Back and spine injuries are a grave concern, with a risk of paralysis; and
- Death. In a worst-case scenario, these trucks can roll over and land on the car, leading to death.
No matter the injury, you can always get the right Amazon truck accident lawyer to pursue your rightful compensation while prioritizing recovery.
What Should I Do If I Am Hurt in an Amazon Truck Accident?
We recommend taking these steps if you are involved in an Amazon delivery driver crash.
Do not admit fault
Under Virginia law, you cannot recover money if your negligence contributed to the crash and injury. Thus, even if the jury finds you one percent at fault for the accident, you receive nothing.
Harsh? Absolutely. And that is why more states have a “comparative negligence” system instead of a “contributory negligence” rule. Under this approach, a plaintiff can still recover damages if the court finds them partly responsible for the Amazon crash. The court reduces the damages by the fault percentage.
Do not make Amazon’s case for it. Instead, refuse to give a recorded statement and force Amazon and its delivery service provider to prove that you contributed to the collision.
Call the police
Do not hesitate to call police officers or whatever first responders you can get onto the crash scene. These state and local authorities will be crucial in helping you document the collision, through a report or other means. Make sure to request the crash report, as you may later have to rely on them for any claims made with the at-fault driver’s insurance carrier.
Take photos and gather information.
Remember, the more evidence you gather, the stronger your case on liability and damages.
Any information you gather will only strengthen your case since it will support your testimony.
Here is a good starting point on what to get after a collision with an Amazon delivery van:
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- Name and address of the Amazon driver;
- Insurance details of the driver;
- The Amazon truck’s specifics (their delivery number, license plate, delivery service provider, etc.) because not all Amazon vans and cars are marked; and
- Contact details of witnesses.
If you can, make sure to take pictures. Take photos of the scene, including the vehicles involved in the collision and any injuries you or your passengers may have sustained.
Seek medical attention
Ensure to seek medical attention — even if you do not have sudden pain. I have handled situations where the adrenaline spike caused by the impact masks the injury, so the victim does not realize the full extent of the injury until days or weeks later, especially in cases involving orthopedic injuries and concussions.
Moreover, getting medical documentation immediately after the collision increases your credibility.
Call a personal injury lawyer who helps Amazon truck accident victims.
Going up against Amazon or any of their DSPs often requires a top-ranked personal injury attorney. This lawyer will know how to negotiate with the defendants and be familiar with all the tricks insurance adjusters use to pay much less than they owe.
In addition, you want a lawyer for your Amazon delivery driver crash who can present your story at trial if settlement negotiations fail.
What is the Virginia Statute of Limitations for Amazon Delivery Driver Crashes?
As with any other personal injury case, if you wait and do not file a claim by a certain date, then your chance of recovering financial damages abates.
Certain laws, called statutes of limitations, bar you from filing a personal injury claim beyond a particular period.
There is a reason for these deadlines: after lengthy periods, evidence can get lost or forgotten, and witnesses may not remember things as clearly. Such deadlines protect defendants from being sued unfairly when it is too hard to find the truth.
Once this period lapses, and you have not started a civil action for personal injuries from the Amazon delivery driver crash, you may lose your leverage at the negotiation table, as a threat of a successful lawsuit no longer looms.
Virginia Code Section 8.01-243 sets a two-year deadline for filing a claim for damages for injury to your mind or body. Exceptions, however, apply to lawsuits for children injured in Amazon truck accidents.
Discuss your Amazon Truck Accident with a Top-Ranked Virginia Lawyer Today
Amazon truck crashes happen far too often in Virginia and across the US, and the company has faced many legal battles with victims seeking compensation.
We recommend hiring a lawyer to navigate the Virginia judicial system to avoid being overwhelmed by Amazon’s legal resources. Through personalized strategies and negotiations with auto insurance adjusters to help you reach your desired outcome, a lawyer experienced in handling complex and high-value claims can help you get justice.
I have built my practice on fierce advocacy for my clients’ causes without fear of entering a legal brawl with giant corporations such as Amazon. And I want to do the same for you.
Call me today at (804) 251-1620 or (757) 810-5614 or contact me online. Let us start on the road to recovery today.
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