An Amazon Delivery Crash Can Involve the Driver, a Delivery Company, Multiple Insurance Policies, and Sometimes Amazon
An Amazon-branded van can look like any other company vehicle on the road. After a crash, though, figuring out who actually employed the driver and which company is legally responsible isn't always obvious.
Many Amazon last-mile deliveries are performed by drivers employed by independently owned Delivery Service Partners, or DSPs. Other packages are delivered through Amazon Flex by drivers using their own vehicles. The distinction can affect which companies and insurance policies need to be investigated after a Maryland car accident.
The Amazon name on a vehicle doesn't automatically establish that Amazon directly employed the driver. At the same time, identifying a separate delivery company doesn't necessarily answer every liability question.
Amazon supplies significant technology and infrastructure to its delivery network, including route-planning systems, its delivery app, driver training resources, and camera-based safety technology in Amazon-branded vans. Depending on the facts, those relationships and the control exercised over the work may need to be examined carefully.
At Finnegan Cannon, our Silver Spring car accident lawyers investigate commercial and delivery-vehicle crashes throughout Maryland. That means identifying the driver's actual employer, obtaining the applicable insurance policies, preserving electronic evidence, and determining whether more than one company may be legally responsible.
Who Actually Employs an Amazon Delivery Driver?
It depends on which Amazon delivery program the driver was using. Amazon launched its Delivery Service Partner program in 2018. According to Amazon's current description of the DSP program, DSPs are independently owned delivery businesses that hire and develop their own drivers.
The individual driving the van is therefore not the “Delivery Service Partner.” The DSP is the business that employs and manages that driver.
Amazon Flex operates differently. Amazon Flex delivery partners generally use their own vehicles and choose delivery blocks through the Flex program.
| Delivery Type | Driver Relationship | Coverage To Investigate |
|---|---|---|
| DSP Driver | Generally employed by an independently owned Delivery Service Partner that delivers Amazon packages. | The DSP's commercial auto coverage, vehicle coverage, and any other policies applicable to the delivery operation. |
| Amazon Flex Driver | An independent delivery partner generally using a personal vehicle during a scheduled delivery block. | Amazon's Flex commercial auto coverage while the driver is actively delivering, the driver's required personal coverage, and other applicable first-party coverage. |
Determining which model applies should happen early because it affects where insurance information, employment records, electronic data, and other evidence may be located.
Is the Delivery Service Partner Responsible for Its Driver?
Potentially, yes. If a DSP employs the delivery driver and the driver negligently causes a crash while performing delivery work within the scope of employment, the driver's employer may potentially be responsible under ordinary agency and respondeat superior principles.
The individual driver's negligence still needs to be proven.
Examples can include:
- Distracted Driving: Looking at a phone, navigation device, package information, or another distraction instead of traffic.
- Speeding: Driving too fast for the posted limit or existing road conditions.
- Unsafe Backing: Backing up from a driveway or parking area without ensuring the path is clear.
- Failure To Yield: Pulling into traffic, turning, or entering an intersection when another vehicle has the right-of-way.
- Following Too Closely: Leaving too little distance to stop safely when traffic slows.
- Fatigued Driving: Continuing to drive when fatigue interferes with safe operation of the vehicle.
When distraction contributes to a Maryland delivery-vehicle crash, electronic and camera evidence can become particularly important in determining what the driver was doing before impact.
Can Amazon Itself Be Responsible for a DSP Driver's Crash?
Possibly, but Amazon isn't automatically responsible simply because the van was delivering Amazon packages or displayed Amazon branding. Maryland generally distinguishes between employees and truly independent contractors when determining responsibility for another person's negligence.
In Appiah v. Hall, Maryland's highest court explained that general oversight of an independent contractor alone isn't sufficient to establish liability based on retained control.
The relevant inquiry can involve whether a company retained control over the operative details and methods of the work and whether that control extended to the particular activity that caused the injury.
That makes the actual Amazon-DSP relationship worth investigating rather than assuming the contractual label answers everything.
Amazon currently says DSPs hire and manage their own employees. At the same time, Amazon also develops technology that affects how delivery work is performed. Its current materials state that Amazon's technology designs delivery routes, that its delivery app provides GPS navigation and route sequencing, and that Amazon-branded vans use camera-based systems that monitor driving behavior and provide safety feedback.
Those facts don't automatically make Amazon legally responsible for a crash. They can, however, make contracts, operating requirements, route information, safety policies, and electronic records relevant when evaluating who exercised control over the conduct involved in the collision.
What If the Driver Was Working for Amazon Flex?
A Flex crash presents a different analysis of insurance and relationships. Amazon says Flex delivery partners use their own vehicles to make deliveries and generally control which available delivery blocks they accept.
The driver's personal automobile policy still needs to be identified. But a personal policy shouldn't automatically be assumed to provide all of the coverage available while the vehicle is being used commercially.
Amazon's current Flex FAQ states that, outside New York, it provides Flex delivery partners commercial auto insurance at no cost in addition to their required personal insurance. That coverage includes:
- Auto liability coverage;
- Uninsured and underinsured motorist coverage; and
- Contingent comprehensive and collision coverage.
Amazon states that its commercial policy applies while the Flex delivery partner is actively delivering during the delivery block.
So, after a crash involving an Amazon delivery driver in a personal vehicle, one of the first questions should be whether the driver was actively working a Flex block at the time of the collision.
What Insurance Pays After an Amazon Delivery Accident?
There isn't one universal “Amazon accident policy” that applies to every delivery crash. For a DSP driver, the investigation generally starts with the commercial automobile policy covering the delivery vehicle and the DSP's operations. The actual declarations, limits, endorsements, exclusions, and named insureds need to be obtained rather than assuming a standard dollar amount applies to every DSP.
For a Flex driver, Amazon's commercial coverage may apply while the driver is actively delivering, along with other potentially applicable coverage.
Maryland also requires motor vehicle liability insurance for vehicles subject to the state's registration requirements. Under Maryland Transportation Code § 17-103, the statutory minimum liability limits are generally:
- $30,000 for bodily injury to one person;
- $60,000 for bodily injury to two or more people in one accident; and
- $15,000 for property damage.
A commercial delivery policy may carry substantially different limits, so the statutory minimum shouldn't be mistaken for the amount actually available after a specific Amazon delivery crash.
Can Your Own UM or UIM Coverage Matter?
Yes. Maryland requires uninsured motorist coverage under Maryland Insurance Code § 19-509, subject to the statute's terms and available coverage elections. If the applicable liability coverage is insufficient for a serious injury, your own uninsured or underinsured motorist coverage may need to be evaluated.
The interaction between liability coverage and your own Maryland uninsured or underinsured motorist coverage can depend on policy limits, the type of UM/UIM coverage purchased, and the other insurance available for the collision.
That's another reason to obtain the actual policies rather than relying on what a driver says at the scene about being “fully insured.”
What Evidence Can an Amazon Delivery Vehicle Contain?
An Amazon-branded delivery van may generate considerably more electronic evidence than an ordinary passenger vehicle. Amazon says its branded delivery vans use camera-based safety technology that can detect driving behaviors and provide real-time alerts. Amazon has specifically identified behaviors such as driver distraction, following distance, stop-sign and signal compliance, and seatbelt use.
Amazon also uses the Amazon Delivery App, which incorporates GPS navigation and route sequencing, while some delivery vehicles use additional technology associated with mapping, vehicle condition, and safety.
Depending on the vehicle and delivery program involved, potentially useful evidence can include:
- In-vehicle camera footage;
- Route and delivery information;
- GPS or location information;
- Vehicle telematics;
- Safety-event data;
- Driver training records;
- Vehicle inspection and maintenance information;
- Delivery schedules;
- DSP employment records;
- Witness statements;
- Police body-camera or dash-camera footage; and
- Nearby surveillance video.
Not every vehicle will contain all types of data, and access to the information may depend on who owns or controls it.
That's why taking the right steps immediately after a Maryland car accident matters. An attorney can also send preservation demands to the appropriate companies so potentially relevant electronic evidence isn't lost through ordinary retention or overwriting practices.
How Do You Identify the DSP After the Crash?
Don't rely solely on Amazon's branding. If you're safely able to gather information after the collision, photograph the delivery vehicle from several angles and obtain the driver's license and insurance information.
Other useful information can include:
- The vehicle's license plate;
- The registration information;
- The name shown on the insurance card;
- The driver's employer;
- Any DOT or other identifying numbers displayed on the vehicle;
- Witness contact information; and
- The investigating officer's information.
The police report can also help identify the registered vehicle owner and insurance information. Our attorneys can obtain and analyze the Maryland Motor Vehicle Accident Report, along with other evidence, to determine which companies were involved.
Does Maryland's Contributory Negligence Rule Apply to an Amazon Crash?
Yes. A delivery vehicle doesn't change Maryland's contributory negligence rule. In Coleman v. Soccer Association of Columbia, Maryland's highest court declined to replace contributory negligence with comparative negligence.
Under contributory negligence, an injured person's own negligence can completely bar recovery when that negligence proximately contributed to the injury.
Maryland therefore doesn't simply assign percentages of fault and reduce compensation accordingly.
That distinction is especially important when a commercial insurer argues that another driver changed lanes improperly, stopped unexpectedly, failed to maintain a lookout, or otherwise contributed to the collision.
Our attorneys regularly address how Maryland's contributory negligence rule affects car accident claims, including disputes in which an insurer tries to shift responsibility away from its driver.
How Long Do You Have to Sue After an Amazon Delivery Crash?
Maryland's ordinary statute of limitations generally applies regardless of whether the negligent vehicle was a family sedan, a commercial van, or a delivery vehicle. Under Maryland Courts and Judicial Proceedings § 5-101, a civil action generally must be filed within three years after the cause of action accrues unless another law provides a different period.
For an ordinary vehicle collision in which the injury and its cause are immediately known, that will generally mean three years from the crash.
But waiting until the deadline approaches can create a much bigger problem in a delivery-vehicle case because electronic evidence and company records may not remain available indefinitely.
The Maryland car accident lawsuit process also takes time. Identifying the correct corporate defendants is particularly important when the driver's employer isn't obvious from the vehicle's branding.
What Compensation Can You Recover?
If negligence caused your injuries, compensation can potentially address both the financial and personal consequences of the collision. Depending on the facts and medical evidence, damages may include:
- Medical Expenses: Emergency treatment, hospital care, surgery, rehabilitation, medication, and reasonably necessary future treatment.
- Lost Income: Wages and other earnings lost while recovering.
- Reduced Earning Capacity: Future financial losses when a permanent injury limits your ability to work.
- Pain and Suffering: Physical pain and other non-economic harm caused by the injuries.
- Permanent Impairment: Lasting physical limitations supported by the medical evidence.
- Property Damage: Repair costs, total-loss value, and other covered vehicle losses.
The available compensation after a Maryland car accident depends on the injuries, proof of fault, insurance coverage, and other circumstances of the case.
Our case results include more than $150 million recovered for injured clients, including a $1.5 million automobile-accident verdict and a $138,000 rear-end collision verdict obtained by Curtis Cannon. **Prior results don't guarantee a similar outcome in another case.
Our Silver Spring Car Accident Lawyers Can Trace the Companies and Coverage Involved
An Amazon delivery crash shouldn't be treated as though the van's logo automatically identifies the defendant or the insurance policy. We can determine whether the driver worked for a DSP or was using Amazon Flex, identify the driver's employer and vehicle owner, obtain available insurance information, preserve electronic evidence, and examine whether the facts support claims against additional responsible parties.
When Amazon's relationship with the delivery operation is relevant, we can also investigate the contracts, operating requirements, safety systems, and degree of control connected to the conduct that caused the collision.
If an Amazon delivery driver hit your vehicle in Silver Spring, Rockville, Gaithersburg, or elsewhere in Maryland, contact Finnegan Cannon for a free case evaluation. We'll investigate who was responsible, which insurance applies, and what evidence can help protect your claim.
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