Amazon delivery vehicles are a constant presence on Florida’s roads nowadays. With millions of packages being delivered across the state on a daily basis, accidents involving these vehicles happen regularly. If you were involved in a car accident with an Amazon delivery driver in Florida, you may have the right to file a claim for compensation. However, figuring out who is actually responsible can be trickier than most people realize.
That is because Amazon does not directly employ most of its drivers. Instead, it uses a network of small companies called Delivery Service Partners (DSPs) and independent gig workers called Flex drivers to get packages to your door. That setup makes it harder to know who to hold liable when something goes wrong.
Who Is Liable for an Amazon Delivery Accident in Florida?
Who you can file a claim against depends on the driver’s relationship with Amazon at the time of the crash. Several parties could share responsibility:
- The individual driver, whether a Flex driver or otherwise, may be at fault if they caused the accident by driving carelessly in some way, such as speeding
- The DSP that hired the driver can be held responsible if the crash happened while the driver was making deliveries
- Amazon may share liability if it had enough control over the driver’s work to be treated as a joint employer, or if it failed to properly screen the DSP
- A manufacturer could be at fault if a mechanical defect played a role in the crash
Florida Amazon almost always argues that it is not responsible because the driver worked for an independent contractor, but this may or may not hold up depending on the facts of the case. Florida’s dangerous instrumentality doctrine can also come into play when Amazon owns the van, which could make it liable as the vehicle’s owner.
Insurance Coverage in Amazon Delivery Accident Cases in Florida
Florida is a no-fault state for auto insurance, so your own Personal Injury Protection (PIP) coverage will usually kick in first after a crash, no matter who caused it. PIP only covers up to $10,000 in medical bills and lost wages, however, which often falls short in cases with catastrophic injuries.
Beyond your PIP coverage, other insurance policies may apply depending on what type of Florida Amazon driver was involved:
- DSP drivers: Amazon requires each DSP to carry at least $1 million in commercial auto liability coverage, and this is usually where the bulk of compensation comes from
- Flex drivers: Amazon provides a commercial policy only while the driver is actively making deliveries through the app. If the driver was not logged in at the time of the crash, you may be stuck dealing with their personal auto insurance instead
- Amazon’s own insurance: If you can show that Amazon shares responsibility for the accident, additional corporate coverage may be available beyond the DSP’s policy
It’s wise to have a personal injury lawyer help you evaluate your legal rights and options in these cases. If you aren’t careful, it’s easy to resolve your claim for less than what it’s really worth.
Contact a Florida Personal Injury Lawyer With Elliott Law Firm for Help
Florida Amazon delivery accidents can be relatively complicated from a legal standpoint, but they can also be worth a lot of money. If you were recently involved in this type of accident in Florida, Elliott Law Firm can help you file a claim against everyone who shares legal responsibility.
Give us a call today to get started with a free consultation at (800) 300-0303. Our personal injury attorneys will work hard to put as much monetary damages into your pocket as possible under state law.