Jeff Bezos, the CEO of Amazon, fluctuates between the first and the third richest man in the world at any point in time and is now worth approximately 190.4 Billion US Dollars.
Amazon has seen enormous growth in its business since the beginning of COVID 19. This has resulted in the establishment of an increased reliance by Amazon on a network of subcontractors and independent contractors offering Amazon delivery services.
An accident with an Amazon vehicle that results in a personal injury claim should be approached differently from an accident with any truck driver. Strange, isn’t it?
Let’s take a closer look.
Amazon: Its practices and liability
Despite Amazon’s Herculean success in business, it is well-known that Amazon has an alarmingly high staff turnover, including its driver pool.
This has been ascribed to poor working conditions, colossal pressure on staff to deliver, and constant surveillance by department bosses leading to high stress levels.
Drivers, sub-contractors and independent delivery drivers all work under immense time pressure and report not having enough time to take toilet and lunch breaks. They are constantly on the road being harassed to work harder and faster. Amazon practices would not be out of place even in China’s sizeable exploitative factory working environments.
This directly impacts the way Amazon driver’s drive and translates to dangers on the road.
Accidents with Amazon drivers require special consideration legally before launching a personal injury claim.
Here is a valuable link to make sure you know what to do after an Amazon truck accident.
Is Amazon liable for accidents of Amazon trucks?
Cases involving company-owned vehicles have their own set of legal considerations.
The issue in accidents with Amazon trucks is whether you can claim directly from Amazon’s insurance or whether you are only able to claim against the driver’s insurance company.
This may prove critical in a case in which your losses exceed the maximum amount of the driver’s insurance. You would need to decide whether it is worth claiming the balance from the driver personally. Often this is not plausible as the driver may not be worth much money. A claim against Amazon would not pose such a challenge.
Amazon seeks to avoid legal liability for accidents with vehicles delivering their goods by not employing truck drivers directly but instead using independent sub-contractors and independent contractors participating in “ride share” schemes.
By contracting with sub-contractors, amazon can sometimes avoid liability even when the vehicle being driven is owned by and branded with Amazon branding. In these instances, you may have to claim against the insurance held by the vehicle’s driver.
Currently, the law in this area is complex. In addition, these laws may be subject to change since the advent of ridesharing and subcontracting jobs out to people who are not classified in law as employees.
It is expected that the courts will lean into a vicarious liability in these cases in the future and thereby hold Amazon liable. Or the existing loopholes in the law will be closed, preventing Amazon from evading liability.
In conclusion
Suppose you are involved in an accident with an Amazon vehicle. In that case, you should see a personal injury lawyer with experience and a proven track record with Amazon truck accidents.
Amazon has access to massive legal resources. Appointing your own attorney will go some way to levelling the playing fields in any claim you may have.
Story by Umair Asif