San Antonio Amazon Accident Attorney

Helping Victims of Crashes with Amazon Delivery Drivers Obtain Just Compensation

Have you or someone you love been injured in an accident with an Amazon delivery vehicle? The Law Office of George P. Escobedo & Associates, PLLC can help you fight for just compensation. Our San Antonio Amazon accident lawyers understand how complex cases involving a large, third-party commercial entity can be and how to navigate the potential challenges to ensure you are set up to receive the compensation you need to cover your accident-related expenses.

Contact us today at (210) 807-3178 for a free consultation and learn how our San Antonio car and truck accident lawyer can assist you. Se habla español.

What to Do If You’ve Been in an Accident with an Amazon Driver

It may surprise you to learn that the majority of the vehicles that deliver for Amazon are owned and operated by delivery contractors. This is because there are both Amazon-owned delivery truck drivers as well as independent contractors who drive their own vehicles to deliver packages under the Amazon Flex program.

Amazon Flex functions much like a ridesharing service like Lyft or Uber—except instead of transporting people, Flex drivers transport packages.

Also like Uber and Lyft, an individual who drives for Amazon Flex can only receive insurance coverage from Amazon if they were working at the time of the crash. If you were involved in an accident with a Flex driver while they weren’t on duty, you would most likely have to file a traditional car accident claim against their personal insurer instead.

In addition to drivers’ personal auto insurance coverage, Amazon provides their delivery partners with an Amazon Commercial Auto Insurance Policy at no cost.

This insurance policy includes:

• Auto liability coverage,
• Uninsured/underinsured motorist (UM/UIM) coverage
• Contingent comprehensive and collision coverage.

However, this insurance policy applies only to Amazon Flex delivery drivers who maintain their own personal auto insurance on their vehicle who are actively delivering packages at the time of the accident. The policy does not cover passengers (delivery drivers are supposed to drive alone) and anyone other than the Amazon Flex delivery partner. If someone else is driving when an accident occurs, the claim for any incurred losses will be denied.

This means that if you were hurt in an accident caused by an Amazon delivery driver, there are many steps both you and the driver must go through before Amazon will provide coverage. Our San Antonio Amazon accident lawyers can help you navigate these steps to set you up for success.

Understanding Insurance Coverage for Amazon Delivery Drivers

When you're involved in an accident with an Amazon delivery driver, it's important to understand the insurance coverage that may apply. Amazon uses both personal and commercial insurance policies depending on the type of driver and their specific circumstances.

Amazon Flex Insurance:

• Amazon Flex drivers are independent contractors who use their own personal vehicles to deliver packages.
• Amazon provides commercial auto insurance to Flex drivers while they’re delivering packages, but only if they have personal auto insurance as well.
• This coverage includes liability insurance, uninsured/underinsured motorist protection, and contingent comprehensive/collision coverage.

Personal vs. Commercial Insurance:

• Personal Insurance: This is the coverage a driver has for their own vehicle for personal use. It typically doesn’t cover accidents while using the vehicle for commercial purposes like delivery.
• Commercial Insurance: This type of insurance is provided by Amazon when the Flex driver is actively delivering packages. This policy helps protect you if you’re in an accident caused by a Flex driver.

When Amazon’s Commercial Auto Insurance Applies:

• It applies when the Amazon Flex driver is actively delivering packages at the time of the accident.
• The driver must have valid personal auto insurance to be covered by Amazon’s commercial insurance.

When It Doesn’t Apply:

• If the driver is not delivering packages at the time of the accident (e.g., during personal use), Amazon’s commercial policy won’t cover damages.
• The accident will likely need to be covered by the driver’s personal auto insurance or through other avenues.

How to Prove Liability in an Amazon Delivery Accident

Determining fault in an accident involving an Amazon delivery driver can be complex, as there are multiple parties involved.

Steps to Determine Fault:

• Investigation: The first step is to gather all relevant information, such as accident reports, police reports, and the details of the crash.
• Negligence: The core of proving fault is showing that the driver’s negligence caused the accident. This may involve proving the driver was speeding, distracted, or violating traffic laws.

Role of Evidence:

• Driver’s Logs: Amazon Flex drivers are required to maintain logs of their delivery routes. These logs can show if the driver was on duty at the time of the accident.
• Dashcam Footage: If available, dashcam footage can provide critical evidence of how the accident occurred and who was at fault.
• Witness Statements: Eyewitnesses to the accident can provide valuable information regarding the events leading up to the crash.

Shared Liability:

• If the driver was at fault, Amazon could still be held responsible under certain circumstances, especially if the driver was working under Amazon’s instructions.
• If other parties are involved (e.g., another driver), liability may be shared between them and Amazon.

Types of Injuries from Amazon Delivery Truck Accidents

Accidents with Amazon delivery vehicles can result in a wide range of injuries, from minor cuts to life-threatening conditions. It’s important to understand the potential injuries that can occur.

Common Injuries:

• Traumatic Brain Injury (TBI): A serious injury resulting from a blow to the head. This can lead to long-term cognitive, physical, and emotional challenges.
• Spinal Cord Injuries: These injuries can result in permanent paralysis or mobility issues depending on the location and severity.
• Broken Bones: Fractures to arms, legs, ribs, or other bones are common in serious accidents.
• Whiplash: A soft tissue injury to the neck, which can cause chronic pain and limited mobility.

Long-Term Impact:

• These injuries can affect your ability to work, perform everyday tasks, and live life normally.
• Chronic Pain: Many accident victims suffer long-term pain, which can affect their quality of life.
• Mental and Emotional Impact: Dealing with the aftermath of an accident, especially if it causes long-term disability, can lead to depression, anxiety, and PTSD.

Emotional Distress:

• Beyond physical injuries, emotional distress is another factor that should be considered in your claim.
• It’s important to document emotional or mental trauma after the accident, including stress, anxiety, and any treatment required.

Understanding these types of injuries and their long-term impacts is crucial for pursuing compensation in an Amazon delivery vehicle accident case. If you’ve suffered injuries, it’s essential to consult with a knowledgeable attorney who can help you navigate the process and ensure you get the compensation you deserve.

Why File a Claim?

​Though it may sound like more work than it’s worth, a serious motor vehicle accident can lead to physical disabilities and negatively impact every aspect of your life. Injury and disability can put a strain on your relationships, your family, and your ability to enjoy life and to earn a living. At The Law Office of George P. Escobedo & Associates, PLLC our attorneys have decades of experience providing representation to car, motorcycle, and truck accident victims as well as the families who have lost a loved one in a fatal Amazon automobile accident. We can help ensure you receive the fair and just compensation you deserve.

Contact an Amazon Accident Lawyer Today

As a major corporation and household name, it can be very intimidating going up against Amazon if you have been wrongfully injured by one of their drivers. We can help.

Our compassionate, caring, and talented auto accident attorneys at The Law Office of George P. Escobedo & Associates, PLLC, are here to assist you if you or a loved one have been injured by an Amazon delivery driver. We offer a free initial consultation, and we handle all injury cases on a contingency fee basis—meaning you owe us no legal fees unless we win.

How Do I Know If I Have a Claim?

Whether you have a valid claim is based primarily on a determination of fault and legal liability. Your claim to recover fair compensation for your injuries will hinge on the premise that the negligence or reckless act of another party caused the accident, resulting in damages.

At The Law Office of George P. Escobedo & Associates, PLLC, we thoroughly investigate and analyze your case, gather evidence, and present your claim to establish who was at fault and why as well as value your claim based on the long-term impact on your life. Many auto accident cases are settled out of court through negotiations, but our seasoned trial attorneys can take a case to a jury for a decision if that is what it takes to make it right. We are even willing to go up against Amazon on your behalf should it prove necessary.

Through our investigation, which can involve medical and financial experts, we can calculate past, present, and future losses from your case. These losses can include:

• Medical expenses
• Lost wages
• Pain and suffering
• Diminished quality of life
• Diminished earning capacity

Frequently Asked Questions (FAQ) About Amazon Delivery Truck Accidents

• Can I file a claim against Amazon if I was injured in an accident with a Flex driver?
  Yes, you can file a claim against Amazon if the accident occurred while the driver was actively delivering packages under the Amazon Flex program. Amazon’s commercial auto insurance policy may cover damages, but this coverage applies only when the driver is on duty. If the driver was not working at the time of the accident, you may need to file a claim with the driver's personal insurance.
• What kind of insurance does Amazon provide for their delivery drivers?
  Amazon provides commercial auto insurance for Flex drivers who are actively delivering packages. This coverage includes liability insurance, uninsured/underinsured motorist protection, and contingent comprehensive/collision coverage. However, this policy only applies if the driver is on duty and has their own personal auto insurance.
• What if the Amazon driver wasn’t at fault in the accident?
  If the Amazon delivery driver wasn’t at fault, you may still be able to seek compensation from other parties involved in the accident. If another driver or entity caused the accident, their insurance may cover your damages. A thorough investigation will help determine fault and identify the liable party.
• What kind of injuries can I claim compensation for after an accident with an Amazon delivery vehicle?
  You can claim compensation for a wide range of injuries, including physical injuries (e.g., broken bones, traumatic brain injury, spinal cord injury), emotional distress, pain and suffering, medical expenses, lost wages, and more. The impact of the injuries will affect the amount of compensation you can seek.
• How long do I have to file a claim after an Amazon delivery accident?
  In Texas, you generally have two years from the date of the accident to file a personal injury claim. However, it’s important to consult an attorney as soon as possible to ensure you meet all deadlines and gather necessary evidence.
• Can Amazon be held responsible for the actions of an independent contractor?
  Yes, Amazon can be held responsible if the accident occurred while the independent contractor was performing deliveries for the company under the Amazon Flex program. The driver is working under Amazon’s instructions, and the company may be liable for the accident.
• What evidence do I need to prove fault in an accident with an Amazon driver?
  To prove fault, it’s essential to gather evidence such as police reports, driver’s logs, dashcam footage, witness statements, and medical records. A thorough investigation can help establish liability and strengthen your case.