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Amazon Delivery Driver Accidents: Who Is Really at Fault?

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Posted on September 13, 2022

It’s always go, go, go when you’re an Amazon delivery driver. And as a nation, we’ve come to depend on their fast and reliable shipping. Yet, with overworked drivers, drivers who are distracted because of their delivery app, and how they must rush to meet their deadlines, delivery accidents are rising in Florida and around the nation.

Who is at fault when an Amazon deliver driver is involved in an accident? What should you do?

Who is at Fault When an Amazon Deliver Driver Causes an Accident?

This is a curious question because although Amazon delivery drivers wear Amazon apparel and drive vans with an Amazon logo, they aren’t necessarily Amazon employees. In 2018, Amazon began its Delivery Service Partners program. This program enabled independent contractors to drive for Amazon without becoming an employee. While this program may have helped Amazon meet its need for drivers, it also seemed to absolve them of at least some liability (but not all, as there are active and pending lawsuits against them).

Since most drivers are independent contractors, if they cause an accident, the driver at fault would be accountable for insurance purposes. However, the crux of the active and may pending lawsuits is that even for these independent drivers, Amazon requires that they use several safety apps (including one that detects yawns).

Since the company controls every aspect of the work life of an independent contractor and, according to the report, knows how many deliveries the driver should make in a ten-hour shift and encourages drivers to turn off their safety apps to meet their quotas, Amazon may have a liability issue coming their way.

Distracted Driving at Work

Every state, including Florida, has a law against distracted driving. We had it before texting. According to Bloomberg, Amazon’s safety apps for their delivery drivers track “backup monitoring, speed, braking, acceleration, cornering, seatbelt usage, phone calls, texting, in-van cameras that use [AI] to detect yawning and more.” If they fall behind, Amazon texts them about speeding up (despite the safety apps).

Getting texted while driving while your boss, who wants no liability, tells you to hurry up but simultaneously watches your speed and watches for you to yawn while you’re encouraged to turn off your safety apps definitely seems like it could be a distraction…and dangerous.

What Should You Do If You’re in an Accident with an Amazon Driver?

If you or someone you love is in an accident with an Amazon driver, the first thing to do depends on the severity of any injuries. If you see no immediate injuries, do what you can to take photos and document the scene. However, you still need to seek medical attention. You could have injuries you don’t know about. Try to find out if the driver is an independent contractor of Amazon or if they are an Amazon employee. Get a picture of their license plate, their insurance information, and their driver’s license information. Next, make sure that you get a police report. Finally, consult with a Tampa personal injury attorney knowledgeable about personal injury cases involving Amazon delivery drivers.