Yes, you may be able to sue Amazon after being injured by one of its delivery drivers—but the company’s corporate structure makes these cases more complex than a typical car accident claim. Amazon uses a network of third-party Delivery Service Partners (DSPs) and independent contractors specifically designed to shield itself from direct liability when accidents happen. A Kingwood truck accident attorney at Hernandez Sunosky LLP can cut through this corporate maze, identify all liable parties, and fight to hold Amazon accountable for your injuries.
Understanding Amazon’s Delivery Structure
Amazon uses a complex delivery system designed to distance itself from direct liability. Most Amazon delivery drivers do not work directly for Amazon. Instead, they are employed by third-party companies called Delivery Service Partners (DSPs). These DSPs operate Amazon-branded vans but are technically separate legal entities.
Amazon also uses Amazon Flex drivers who are independent contractors using their own vehicles. This structure often allows Amazon to argue that it is not responsible when one of these drivers causes an accident.
When Can Amazon Be Held Liable?
Despite its corporate structure, Amazon may still face liability in certain circumstances. If Amazon exerts significant control over how drivers perform their jobs, courts may find that an employment relationship exists regardless of the contractor designation. Amazon’s strict delivery quotas and route requirements could support this argument. Additionally, if Amazon’s policies directly encourage unsafe driving practices, such as unrealistic delivery schedules, the company could face negligence claims.
Negligent hiring, training, or oversight of DSPs may also create liability. Under the legal doctrine of respondeat superior, employers can be held vicariously liable for the actions of their employees acting within the scope of their employment.
Who Else May Be Responsible for Your Injuries?
In addition to potentially suing Amazon, other parties may be liable for your injuries. The individual driver who caused the accident can be held personally liable for negligent driving such as speeding, distracted driving, or running red lights. The DSP that employs the driver may be responsible under vicarious liability or for its own negligence in training and supervision. If a vehicle defect contributed to the accident, the manufacturer or maintenance provider could share liability. Texas follows a modified comparative fault rule, meaning multiple parties can share responsibility for an accident.
Damages You May Recover
Victims of Amazon delivery driver accidents may be entitled to compensation for medical expenses, lost wages and earning capacity, pain and suffering, property damage, and in some cases, punitive damages if the conduct was particularly reckless. Commercial vehicles often carry higher insurance policy limits than personal vehicles, which can provide greater coverage for serious injuries.
Steps to Take After an Accident
If you’ve been hit by an Amazon delivery vehicle, seek immediate medical attention and call the police to file a report. Document the scene with photos and collect the driver’s information, including the DSP company name. Do not provide recorded statements to insurance companies without legal representation. Texas has a two-year statute of limitations for personal injury claims, so contacting an attorney promptly is essential.
At Hernandez Sunosky LLP, our attorneys have extensive experience handling complex commercial vehicle accident cases. As former insurance defense lawyers, we understand how companies like Amazon and their insurers attempt to avoid liability. We use that knowledge to build strong cases and fight for maximum compensation. Contact us today for a free consultation.