What you need to know if you’ve been hurt in a crash involving an Amazon vehicle
Amazon has created one of the world’s largest shipping and delivery networks—bigger than FedEx and UPS. They deliver millions of packages every day, but what happens if one of their delivery vehicles causes a serious crash?
If you or a loved one was injured in an accident with an Amazon driver, you might expect Amazon to pay for your injuries. However, Amazon works hard to avoid liability. Amazon often says their drivers don’t actually work for them. Instead, Amazon calls them “independent contractors” who work for small businesses known as Delivery Service Partners (DSPs).
Many courts around the country are becoming skeptical of Amazon’s approach toward avoiding liability for delivery accidents. We’ll explain how Amazon’s DSP system is set up, how the company tries to avoid taking blame, and what steps you should take to protect your legal rights if you’ve been in an accident with an Amazon driver.
From FedEx and UPS to the DSP program
When Amazon first started delivering its own packages, it relied on big shipping partners like UPS, FedEx, and the U.S. Postal Service. But Amazon eventually struggled to keep up with holiday demand and realized it had gotten too large for those partners. In response, Amazon created its DSP program in 2018.
DSPs are small, independent delivery companies that work almost exclusively for Amazon. According to Amazon, the program has grown to include more than 4,400 DSPs with more than 390,000 drivers around the globe, delivering more than 20 million packages a day. Officially, the drivers work for the DSPs, not Amazon. But in reality, Amazon closely oversees how the drivers do their jobs.
How Amazon tries to avoid legal blame
The DSP program is more than just a business plan; it’s also a way for Amazon to distance itself from drivers’ mistakes or crashes. Here are some of the main strategies Amazon uses:
- Calling Drivers “Independent Contractors”
Amazon labels DSPs as “independent contractors” instead of employees. This way, Amazon doesn’t directly pay drivers or give them benefits. Instead, the DSP signs an agreement that says the DSP, not Amazon, is in charge of the drivers. - Shifting Liability in Contracts
DSP contracts also include clauses that force DSPs to defend Amazon in lawsuits, even if Amazon was partly responsible. The DSPs must carry at least $1 million in liability coverage, which sometimes isn’t enough for severe accident claims. - Keeping Tight Control Over Delivery Work
While Amazon claims it isn’t responsible for drivers, many courts note that Amazon controls major parts of the process, such as:- Who Gets Hired: DSPs must follow Amazon’s hiring rules, including background checks and drug tests.
- Required Training: Drivers must take Amazon’s safety classes and follow its policies on the job.
- Routing and Tracking: Amazon sets routes, package loads, and schedules with its apps, which also track how fast drivers go and if they brake too hard.
- Performance Tracking: Amazon keeps an eye on drivers’ movements, speed, and delivery times—and penalizes DSPs for missed or late deliveries.
- Firing Power: If Amazon decides a driver is unsafe, they can block that person from delivering Amazon packages, effectively ending that driver’s job.
But since Amazon has so much power over DSP drivers, many courts consider it a strong reason to hold Amazon accountable when accidents happen.
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Courts are beginning to hold Amazon responsible
Even with Amazon’s efforts to avoid liability, judges and juries across the U.S. are increasingly deciding that Amazon does share the blame for accidents involving its delivery drivers. Below are a few examples:
- Gabrielle Kennedy Case: An Amazon driver, hurrying to meet his quotas, rear-ended another car and tragically killed a 9-month-old baby. Amazon denied liability at first, but further investigation showed that Amazon’s strict delivery schedule played a major role in the crash.
- Edmonds v. Amazon.com, Inc.: A court found that Amazon could be seen as a “joint employer” of DSP drivers due to the level of control it exercises.
- Gibbs v. MLK Express Services: A federal judge refused to dismiss a lawsuit against Amazon, saying the plaintiffs had presented enough proof that Amazon might be a joint employer of DSP drivers.
These cases suggest that Amazon can’t easily escape responsibility if it oversees nearly every aspect of DSP drivers’ jobs.
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What to do if you’re hurt in an Amazon delivery crash
If you or someone you love is injured in a collision with an Amazon vehicle, it’s crucial to act quickly:
- Get Medical Care Right Away
Your health comes first. Even if you don’t feel immediate pain, hidden injuries like concussions or whiplash can appear later. - Contact the Police and Document the Scene
- Ask for an official police report.
- Take photos of the crash scene, damaged vehicles, and any visible injuries.
- Get names and numbers of witnesses.
- Figure Out Who the Driver Works For
- Ask the driver which DSP they work for.
- Check if it’s an Amazon-branded van or a personal car.
- Look for Amazon logos, uniforms, or apps on their phone.
- Don’t Accept Quick Settlement Offers
Amazon or the DSP might offer you money early on, hoping you settle before you realize how badly you’re hurt or how much treatment will cost. Don’t agree to anything without talking to a lawyer first. - Speak With an Experienced Amazon Accident Attorney
Amazon’s rules and contracts can be complicated. You need a legal team that understands the DSP system and how to hold large companies accountable.
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Amazon puts speed over safety—don’t let them avoid accountability
Amazon’s obsession with ultra-fast deliveries can force drivers to rush, skip breaks, or cut corners, making crashes more likely. While Amazon makes huge profits, innocent people suffer the consequences.
At Crosley Law, we believe injured victims shouldn’t have to bear the burden alone. If an Amazon delivery driver caused your injuries, you deserve fair compensation—and we have the personal injury experience to help you get what you deserve.
Contact Crosley Law today for a free consultation. Let us help you hold Amazon responsible and fight for the justice you need.
References
2023 in review. (n.d.) Amazon. Retrieved from https://logistics.amazon.com/marketing/2023-year-in-review
Build the future of delivery. (n.d.) Amazon. Retrieved from https://logistics.amazon.com/
Tomay, B. (2024, September 12.) Amazon is investing an additional $2.1 billion in the Delivery Service Partner program—its biggest investment yet. Amazon. Retrieved from https://www.aboutamazon.com/news/transportation/amazon-delivery-service-partner-dsp-rate-increases-investment
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
