The Challenges of Accidents Involving Amazon Vehicles in Massachusetts

Amazon is one of the largest e-commerce giants in the world and has revolutionized logistics and quick delivery services. However, its massive fleet of delivery vehicles and strict delivery deadlines increase the risks of accidents and serious injuries in Massachusetts and across the country. This is a growing concern. Accidents with Amazon vehicles are a type of trucking accident cases that present unique challenges for accident victims. Let’s explore some of the key difficulties associated with Amazon vehicle accidents.

Our Framingham car accident lawyers at Mahaney & Pappas, LLP have significant experience dealing with Amazon accidents. If you were hurt in an accident with an Amazon vehicle and have additional questions, or need further information, feel free to contact our injury attorneys at (508) 879-3500 or contact us here to schedule your free case review and evaluation.

Identifying the Proper Legal Entity and Insurance Coverage is Key

So, you find yourself involved in an accident with an Amazon delivery vehicle and when you contact Amazon they tell you “that’s not us”. You may be surprised to find out that Amazon uses a network of independent contractors and third-party delivery service partners (DSPs) to deliver their products. These DSPs are considered independent contractors with their own insurance policies. It’s similar to using door dash drivers in that they deliver food products, but they don’t cook the food. Other DSP drivers deliver Amazon packages using their own personal vehicles and are paid based on the number of packages they deliver per day.

Those ubiquitous blue trucks are, in most cases, a separate corporation or legal entity from Amazon. Amazon likely operates this way as a form of liability protection. This structure allows them to distance themselves from direct responsibility. However, this creates a challenge for accident victims to hold the company accountable and recover the compensation they deserve for their injuries.

Because of these unique legal challenges, if you were injured in an accident with an Amazon vehicle, you need the help of a Massachusetts personal injury attorney that has experience dealing with Amazon vehicles and DSPs. An experienced accident lawyer will be able to properly investigate the accident and identify the right entity and insurance coverage to make sure you get the compensation you deserve.

Amazon Vehicle Accidents Also Raise Issues Regarding Insurance Coverage

What complicates matters is when a DSP driver, using their own personal vehicle, causes an accident. In cases like this, things can get complicated very quickly.

The initial question in determining insurance coverage is whether or not the DSP driver at the time of the accident was “actively delivering packages” for Amazon.  If not, you may find the need to search for insurance coverage elsewhere.

DSPs are considered independent contractors and have substantial insurance coverage under the Amazon Flex program. Amazon Flex provides insurance coverage for its drivers during “active delivery periods”, which amount to $1 Million Dollars in coverage. But this coverage only applies during scheduled delivery blocks, when the drivers are actively delivering packages. Outside of that period, drivers must rely on their own personal auto insurance, which could be the state minimum – in Massachusetts it’s presently $20,000 per person / $40,000 per accident. So, if the accident occurred after the driver has completed his or her deliveries and logged off the app, their personal liability policy for accidents may be the only coverage available. 

A recent case our office successfully handled involved a DSP driver that hit our client, as a pedestrian, causing severe injuries. Through extensive investigation by our office, it was discovered the driver was a part time DSP driver and was in the process of actively delivering packages. It was the determination on the part of the attorneys and staff at Mahaney & Pappas, LLP that uncovered this evidence. The DSP driver, who was driving his own older passenger vehicle without any Amazon markings, was in fact working as a DSP. That changed the case from one of minimal auto insurance coverage to $1-Million-Dollars in insurance coverage under the Amazon Flex program.  

Amazon Accidents Present Complex Liability Issues

Amazon may use independent contractors to deliver their products but in cases of severe injury – where the injury and damages exceed the potential $ 1 Million Dollar insurance policy – that does not mean that Amazon corporation is off the hook. Putting forth a claim against DSPs can involve complex issues regarding responsibility and insurance coverage. Even though Amazon classifies its DSP drivers as independent contractors, that in and of itself doesn’t limit Amazon’s corporate exposure. 

If Amazon corporation exerts significant control over their DSP driver’s work, which they do, such as setting schedules, delivery routes, the wearing of Amazon vests, coats or shirts identifying them as Amazon deliverers, then law may consider the DSP driver an employee rather than an independent contractor. And that change could have a significant impact on the outcome of your case. 

If a driver causes an accident while following strict delivery instructions from Amazon, the company could be held liable under a “vicarious liability” theory. That means a company, such as Amazon corporation, could be held liable for the actions of its employees.

In Massachusetts, companies can be held responsible under several legal theories, including negligent hiring, training, supervision, and vicarious responsibility through the doctrine of “respondeat superior.” This doctrine means employers can be responsible for the actions of their employees if those actions occur within the scope of employment. 

So, for example, if Amazon controls drivers’ work schedules, routes, or delivery methods, the DSP driver is in actuality an employee, not an independent contractor of an Amazon corporation.  In that situation Amazon corporation may be deemed liable for their DSP driver’s actions despite their efforts to say they are independent contractors. These are very complex legal issues that require the expertise of a skilled trucking accident lawyer.