Since the company’s more humble origins in 1994 as a book retailer operating out of a garage, Amazon has become an industry giant that has revolutionized the e-commerce world, redefining shipping expectations and setting new precedents for online retail.
Amazon now ships billions of packages each year, promising customers speedy delivery right to their doorstep.
But the push to make good on their promises of swift shipping — especially at such high volume — can come at a devastating human cost.
The Cost of Convenience
Amazon’s rise to global dominance hasn’t come without scrutiny, and the company has faced criticism in recent years for its treatment of employees and the quality of its work conditions.
That includes beyond the warehouse, where Amazon and Amazon-contracted delivery drivers take to the roads.
More than 3,000 businesses are contracted as Delivery Service Partners (DSPs), which are third-party companies that are paid for taking on some of the delivery burden.
This sort of business model lets Amazon expand its reach, allowing it to achieve more deliveries while maintaining its trademark promise of two-day shipping.
Though some drivers are considered part of the company’s DSPs rather than direct employees of Amazon themselves, these contracted drivers often face intense levels of surveillance and pressure.
Their driving speed, their breaks, and whether they complete their deliveries might be tracked by Amazon through technology necessary for the job.
On top of that, delivery drivers are likely to make between 170 and 350 deliveries per shift, sometimes working beyond their dedicated shift hours in order to complete their shipment load.
These circumstances can pressure drivers to participate in unsafe driving practices such as:
- Speeding
- Failure to Yield
- Distracted Driving
- Fatigued Driving
- Violation of traffic laws
Pressured by their employers, facing tight deadlines, and trying to make high delivery quotas can lead delivery drivers to cut corners on safety, harming not only themselves but others.
Such instances speak to a disturbing truth: the convenience of Amazon deliveries may sometimes come at a human cost.
How Amazon’s Policies Avoid Accountability
Utilizing contract workers has a dual benefit for Amazon: they can profit from the labor of DSPs while conveniently distancing themselves in the case of any wrongdoing.
In 2019, a New York Times article highlighted multiple instances of harried Amazon drivers making fatal mistakes that cost the lives of pedestrians and others on the road.
The e-commerce goliath denied any liability for these tragedies by contending that those drivers were contractors rather than direct employees, therefore expunging themselves from any responsibility for the harm those victims and their families suffered.
What Is Vicarious Liability and How Is it Relevant?
Though DSP agreements state that contractors are to “defend, indemnify and hold harmless Amazon” (such as in the case of a fatal accident), Amazon is not entirely precluded from being held liable for the human toll their logistics operation takes.
In Ohio law, the concept of vicarious liability (also known as imputed liability or respondeat superior) allows employers to sometimes be held legally responsible for the misconduct of those under their employ, even if they aren’t formally recognized as employees.
Amazon’s level of surveillance and control over these contracted drivers speaks to an employee/employer relationship that contradicts the company’s claim that the wrongdoings of DSP employees are entirely separate from the larger company that employs them.
Who Can Be Sued for an Amazon Delivery Truck Accident?
If you or someone you know was the victim of an Amazon delivery truck accident, there may be more than one party who is liable for your injuries.
After all, the person behind the wheel is not the sole party responsible for the delivery truck and the packages contained within.
Other affiliated entities can include:
- The company that employs the delivery driver
- The company that owns/leases the truck
- The truck manufacturer
- The truck parts manufacturer
- The vehicle’s maintenance crew
There is a possibility that your accident may not have been caused solely by driver error.
In some instances, the company may have acted negligently in knowingly employing someone with a problematic record, the truck may not have received proper maintenance, or the manufacturer could have designed or produced faulty parts that played critical roles in your accident.
What Can I Be Compensated for After an Amazon Truck Accident?
Truck accidents can take place within a matter of moments, but the impact they have on your life can extend long after that.
Accident victims may be able to receive compensation for not only monetary losses (economic damages), but physical and mental suffering (noneconomic damages) as well.
Depending on the details of your case, the following damages may be recoverable:
- Current and future accident-related medical expenses
- Loss of income, benefits, etc.
- Pain and suffering
- Scarring or disfigurement
If you lost a loved one in an Amazon truck accident, the following damages may be recoverable in a wrongful death lawsuit:
- Funeral expenses
- Loss of support and services
- Loss of companionship
- Loss of consortium
- Loss of inheritance
- Mental anguish
Seeking Legal Support
It can be difficult to navigate the claims process on your own, especially if you were seriously injured due to the negligent conduct of other parties.
In the aftermath of a truck accident, you may have to contend with recovery, growing medical costs, and a loss of income due to time off work.
Adding an accident claim to your list of things to juggle, but an experienced Amazon truck accident lawyer can help relieve some of your burden.
They can investigate your accident, guide you through the claims process, and pursue the full compensation you’re owed.
Insurance companies and major corporations like Amazon are only concerned about looking out for their bottom line, which means they are unlikely to be interested in helping you achieve the justice and support that you deserve.
Having legal support from the experienced attorneys at The Fitch Law Firm, who can advocate for your rights and help you understand the ins and outs of the legal process, can make a world of difference.
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