Amazon drivers often rush to accomplish increasingly tight deadlines for delivering packages. As a result, a delivery driver may fail to adhere to traffic laws, which could easily lead to a serious car accident. If a negligent Amazon delivery driver injured you or a family member, consult with an experienced Philadelphia Amazon truck accident lawyer.
Following an accident with an Amazon delivery driver, you may have to deal with insurance claims and possibly lawsuits. Ideally, all drivers should have insurance, and Amazon requires its Flex drivers to have their own auto insurance. Additionally, Amazon may have insurance that covers your accident. Alternatively, you may sue the driver, depending on whether you have a limited or unlimited right to sue in your insurance policy. Amazon is usually shielded from liability, as drivers are independent contractors, not employees.
Call our Pennsylvania Amazon car accident attorneys at The Reiff Law Firm at (215) 709-6940 for a free, private case review.
Guide for Accidents with an Amazon Delivery Driver in PA
If your vehicle was damaged due to the actions of a negligent Amazon delivery driver, you are not without options to pursue compensation for your injuries. To make it easier to pursue a claim against the driver or Amazon directly, you should take the following steps after your wreck and seek help from a Philadelphia car accident lawyer.
Contact Law Enforcement
After getting yourself to safety, you should contact law enforcement to assess the scene of the accident. The police can provide you with a report that can later help when you are reporting the accident. Additionally, if you, a passenger in your vehicle, or another involved party was injured, you should also call for an ambulance.
Exchange Information from the Delivery Driver
Your next task should be to exchange information with the driver involved in the accident. This information should include:
- The name and contact information of the driver
- The license plate and make and model of the delivery vehicle
- The insurance carrier used by the driver and whether they have an additional policy provided by Amazon
It is also important to ask whether the driver was on-duty or off-duty at the time of the accident. The answer to this question can substantially impact whether Amazon could be held liable for the accident. If the delivery driver is hesitant to answer this question, you should speak with law enforcement about the situation.
Document Evidence of the Crash
At this point, you should collect evidence regarding the accident. For example, if you were injured in the crash, you should take pictures of the injuries you suffered. Other valuable evidence includes:
- The date, time, and location of the accident (i.e., intersection or road)
- The weather at the time of the accident
- Photos of the damage to your vehicle and the delivery driver’s vehicle
- Any important details about the crash (e.g., the delivery driver ran a red light)
If any witnesses observed the accident, you should also reach out to them for a statement. If a witness is willing to provide you with a statement, you should take down their name and contact information.
Seek Medical Attention
If you were in the vehicle when it was struck, you should get immediate medical treatment, especially if you were hit by a large truck. You should also contact a Philadelphia truck accident lawyer. Commercial trucks have the potential to severely injure a person during a crash, often causing injuries like broken bones and head injuries. In these cases, you may want to consult a Philadelphia broken bone attorney.
Pursuing medical treatment can also provide you with documentation of your injuries that you may need when filing a claim against Amazon or its delivery driver.
Report the Accident
You should not only report this accident to your insurance carrier, but you should also report the crash to Amazon. Depending on the circumstances of the accident, your insurance may reimburse you for the accident or pursue the insurance of the delivery driver.
Note, however, that Amazon typically hires drivers as independent contractors, which can make it difficult to pursue compensation against the company. Our Lancaster car accident lawyer can help you determine your options regarding liability for an accident involving a delivery vehicle.
Liability for an Amazon Delivery Car Accident
Liability for an accident with an Amazon delivery driver will depend upon the circumstances of the accident.
Employees vs. Independent Contractors
Amazon employs independent contractors to deliver all of its packages. Independent contractors are used so that Amazon can claim that they do not have control over their actions while they are delivering packages. Using this defense may help them avoid vicarious liability.
However, there is some evidence that may show that Amazon has more control than it might admit. According to a report by CBS, Amazon has broad control over the routes independent contractors use and may even communicate in real-time with drivers regarding routes.
Amazon Delivery Partners
Additionally, if a driver is operating as a “delivery partner” for Amazon Flex, they are covered under Amazon’s insurance policy while they are on the job. This could allow a victim to make a successful claim for damages against the company. A Pennsylvania Amazon delivery accident lawyer could give more insights as to how flex delivery wrecks may differ.
If an Amazon driver causes an accident while they are off-duty, the company may refuse to take liability for the accident. As a result, a victim may have to pursue compensation from the negligent delivery driver. This could be troublesome if a victim suffered extensive injuries that the driver’s insurance policy is not equipped to compensate.
What if an Amazon “Flex” Driver Caused Your Accident?
Similar to companies like Uber and Lyft, Amazon has now permitted drivers to use personal vehicles to deliver packages. While this is an opportunity for many to earn additional income, there is also an increased risk of car accidents as many delivery drivers struggle to meet tight deadlines. If an Amazon Flex driver injured you or a family member, contact an experienced Pennsylvania Amazon Flex delivery accident lawyer.
Who Are Amazon Flex Drivers?
According to a report by CBS News, more than 60 car accidents resulting in serious injury and death have been caused by Amazon delivery drivers. At the height of the holiday season, Amazon has estimated that it will have approximately 50,000 drivers on the road. With the introduction of Amazon Flex, that number is likely set to rise dramatically.
Amazon Flex is a relatively new program by Amazon that allows people to be employed as “delivery partners” to deliver packages for the company. To be a delivery partner with Amazon, a person must meet the following criteria:
- Age 21 or older with a valid driver’s license
- Have a capable vehicle
- Valid car insurance
Risks Faced by Amazon Flex Drivers
Once a person has met these qualifications and has been accepted as a delivery partner, they will be able to begin delivering a variety of packages from Amazon. However, with likely dozens of packages to deliver throughout their area, a driver may struggle to meet the demands of the job. As a result, they may speed excessively and break many other traffic laws.
While Amazon denies that delivery drivers are pushed to meet stringent deadlines, some employees have voiced their concerns about not having enough time even to stop to use the restroom while on a delivery route. This added stress could easily lead to drivers making mistakes or acting erratically on the road.
To learn more about the insurance coverage offered to Amazon Flex drivers, you should continue reading and speak with an experienced Philadelphia Amazon delivery accident attorney.
Pennsylvania Accidents Covered by Amazon Flex Insurance
Amazon’s Insurance Coverage
Amazon offers delivery partners insurance coverage in addition to their personal coverage. Specifically, Amazon Flex drivers have policies that cover:
- Auto liability coverage up to $1,000,000
- Uninsured/underinsured motorist coverage up to $1,000,000
- Contingent comprehensive and collision coverage up to $50,000 (with a $1,000 deductible)
Flex Driver’s Insurance
Note, however, that a Flex delivery driver must maintain the minimum insurance coverage on their vehicle in accordance with the laws of their state. In Pennsylvania, that means that each driver must have insurance that covers at least:
- $15,000 per person in injuries
- $30,000 per accident for injuries
- $5,000 in no-fault insurance
Additionally, an Amazon Flex driver may have to disclose to their insurance company whether they intend to use their vehicle for commercial purposes. If a driver is untruthful and causes an accident while working for Amazon, their policy is at risk of being voided. If a driver must use commercial insurance for their vehicle but fails to acquire it, this would make them personally liable for an accident.
When Amazon’s Insurance Policy Kicks In
Amazon has adopted policies similar to Uber and Lyft when it comes to insurance coverage for a car accident. Specifically, accidents are categorized into crashes that happen while off-duty or accidents that happen within the scope of employment.
As you may have guessed, Amazon will attempt to avoid liability for any accidents that occur while a driver is off the clock. This means that a victim of a delivery accident will have to pursue compensation from the at-fault driver’s insurance or from the driver directly with a lawsuit.
Alternatively, accidents that occur under the following circumstances are covered under Amazon Flex:
- Accidents that happen when a driver is collecting packages from an Amazon facility
- Accidents occurring while a driver is transporting or delivering packages
- Accidents that happen when a driver is returning undelivered packages to an Amazon facility
Amazon Insurance Complications
It is important to note that if an Amazon Flex delivery driver delivers packages with a friend, this can also affect the insurance coverage for an accident. For example, if the delivery driver’s friend is operating the vehicle and causes an accident, Amazon will not reimburse the driver or the victim for the accident.
If you are unsure about whether you should pursue a delivery driver or Amazon after a car accident, you should speak with an experienced attorney as soon as possible. It is important to report the accident to Amazon immediately to ensure that your claim for damages is not affected.
Our firm can guide you through the process of pursuing compensation against Amazon or a negligent delivery driver. Whether you need help filing an accident report or pursuing a personal injury lawsuit, we are ready to assist you.
FAQs About Car Accidents with Amazon Drivers in Pennsylvania
Can I Sue an Amazon Driver After an Accident?
Yes. If an Amazon delivery driver negligently caused your car accident, you may sue them, depending on your insurance. Your right to sue may be restricted depending on whether you elected a limited or unlimited right to sue when you purchased insurance.
Can I Sue Amazon if One of Their Drivers Causes a Car Accident?
Generally, no. Since Amazon drivers are usually independent contractors rather than employees, Amazon is usually not vicariously liable for accidents. However, this is a hotly debated issue, and you should talk to your lawyer about suing Amazon.
What if the Amazon Driver Who Caused My Car Accident is Uninsured?
If the delivery driver is uninsured, your accident may still be covered by Amazon’s insurance. Alternatively, if the accident is not covered by insurance, you may sue the driver. Talk to your attorney about whether you can sue based on your limited or unlimited right to sue as part of your insurance.
Does Amazon’s Insurance Coverage Apply to My Accident?
Possibly, yes. Amazon provides delivery partners in almost all states with commercial car insurance coverage. However, this insurance may only apply if the driver is actively working and delivering Amazon packages.
How Do Accidents with Amazon Flex Drivers Differ from Other Accidents with Amazon Drivers?
Amazon Flex drivers often drive their own cars to make deliveries, while other delivery drivers might drive company vehicles or even vans emblazoned with the Amazon logo. As such, Flex drivers are required to carry their own personal auto insurance before they are permitted to drive for Amazon.
Are All Accidents with Amazon Drivers Covered by Amazon’s Insurance Policies?
No. Only accidents where the driver is actively driving and delivering packages for Amazon are covered by Amazon’s insurance.
Do I Need a Lawyer to Help Me with a Car Accident Case Involving an Amazon Driver?
Yes. After a car accident with a delivery driver, you might be balancing a lawsuit with multiple insurance policies, and getting compensation may be more complicated than you realize. An attorney should be able to help you.
When Should I File an Insurance Claim or Lawsuit After an Accident with an Amazon Driver?
Different insurance providers might have different deadlines for filing claims. As such, you should reach out to the insurance company as soon as possible to determine important deadlines. When in doubt, getting started as soon as possible is often best.
What Should I Do Following a Car Accident with an Amazon Driver?
After an accident with an Amazon driver, call the police and get medical attention immediately. Next, contact an attorney to help you begin filing insurance claims or preparing a lawsuit.
Our Committed Pennsylvania Amazon Car Accident Attorneys are Here for You
Call our Pennsylvania Amazon car accident attorneys at The Reiff Law Firm at (215) 709-6940 for a free, private case review.
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