Why delivery crashes are different
The logo on the van doesn't always tell you who the driver works for. Amazon says drivers in its Delivery Service Partner program are employed by those independent businesses, not by Amazon. Amazon Flex drivers deliver using their own vehicles.
FedEx says it contracts with independent businesses that use their own employees for some delivery work. Other companies use their own employees or different setups.
Who may be responsible
- The delivery driver who caused the crash.
- The delivery business that employs the driver, if the driver was on the job.
- The company that owns or leases the van.
- In some cases, the larger shipping company, depending on the contracts and how much control it had.
- The driver's personal insurer, if they were using their own car.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Employees and contractors
Who employed the driver, and how much control they had, can matter a lot. Georgia law generally says an employer isn't responsible for the torts of an independent contractor who isn't under its direct control (O.C.G.A. § 51-2-4), though there are exceptions.
Because these rules depend on contracts and facts, an attorney can help work out who should pay.
Evidence to save
- Photos of the van, its company name and any numbers on it.
- The driver's name and who they said they work for.
- Witness names and numbers.
- Nearby doorbell or business cameras. Delivery routes often pass many of them.
Deadlines and fault
You generally have 2 years to file in Arizona (A.R.S. § 12-542) and in Georgia (O.C.G.A. § 9-3-33). If you share some fault, Arizona reduces your recovery by your share (A.R.S. § 12-2505), and Georgia allows recovery only if you were less than 50% at fault (O.C.G.A. § 51-12-33).
It's free to check your claim, and you don't have to go ahead.