May 1, 2024

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In all parts of Virginia, Amazon delivers packages daily using independent contract delivery drivers. These drivers are directly employed by delivery companies set up all over the United States, having been created under the watchful eye of Amazon in accordance with many mandatory protocols again set by Amazon. When these drivers are in a collision, causing personal injuries or death, Amazon claims it has no legal responsibility and that the only recourse is against the contract delivery companies. That’s something that Amazon claimed in two different cases our Virginia Beach Amazon delivery vehicle accident attorneys have been involved with; however, due to confidentiality clauses in those cases, we can’t directly discuss those. But we can discuss legal decisions from around the country that don’t involve confidentiality agreements.

Amazon Protocols

One of the primary hazards associated with Amazon’s protocols for delivery drivers is the emphasis on time-based metrics that include delivery quotas, deadlines, and route optimization. Amazon utilizes performance metrics to incentivize productivity and efficiency, rewarding drivers based on the number of deliveries completed within a specified time frame. While these metrics can drive productivity, they also exert immense pressure on drivers to meet unrealistic targets, leading to rushed deliveries, speeding, and other unsafe driving behaviors to save time.

The relentless pace Amazon expects of its delivery drivers also causes driver fatigue and burnout as drivers push themselves to the limit to meet demanding quotas and deadlines. Long hours behind the wheel, irregular schedules, and tight delivery windows can disrupt sleep patterns, compromise mental alertness, and increase the risk of accidents due to drowsy driving.

Amazon Liability

In the majority of truck accident cases, companies can be held liable for the actions of their employees under the legal doctrine of vicarious liability, also known as “respondeat superior.” This principle holds employers responsible for the actions of their employees when those actions occur within the scope of employment. In the context of truck accidents, this means that if a truck driver’s negligence causes an accident while they are performing job-related duties, the trucking company may be held vicariously liable for the driver’s actions.

However, Amazon has taken the legal stance that because the company contracts its delivery services to other companies, and the at-fault drivers work for these delivery companies and are not Amazon employees, then the company holds no legal liability for the crash.

Although that may be Amazon’s theory, it was not the legal theory of the jury in a recent South Carolina Amazon delivery truck accident lawsuit when it held Amazon liable for $44.6 million – including $30 million in punitive damages – after a man was injured in a collision with an Amazon van in September 2021.

This verdict is the first in the country holding Amazon liable for damages in a crash caused by an Amazon delivery driver. Our Virginia Beach personal injury law firm anticipates that – given the clear message sent by this jury – there will be many more truck accident lawsuits the company will lose.

According to legal documents, the victim was riding his motorcycle with his minor son as a passenger in Dorchester County, S.C. As the motorcycle approached an intersection, the Amazon delivery driver failed to yield the right of way and pulled out in front of the bike in an attempt to turn left, slamming into the vehicle. The father sustained a traumatic brain injury and numerous orthopedic injuries.

The victim’s attorneys presented extensive evidence showing the blatant negligence of the delivery driver, including 90 counts of distracted driving by the driver leading up to the crash, as well as a forensic review report that revealed high data usage. During cross-examination, the driver admitted he was watching pornography and other videos while driving his delivery route that day.

Trucking companies can be held liable for the actions of their employees under the legal doctrine of vicarious liability, also known as “respondeat superior.” This principle holds employers responsible for the actions of their employees when those actions occur within the scope of employment. In the context of truck accidents, this means that if a truck driver’s negligence causes an accident while they are performing job-related duties, the trucking company may be held vicariously liable for the driver’s actions.

Amazon’s lawyers argued that the delivery service partner the company contracted with and the driver were independent contractors, eliminating any liability on Amazon. However, the jury agreed with the victim’s lawyer that Amazon was vicariously liable for the crash.

In a statement after the jury’s verdict, the attorney for the victim said, “The jury’s $30 million punitive award against Amazon appears to be a message to Amazon that the jury expects better vetting and supervision of its delivery drivers by Amazon and that its conduct, in this case, was not only unacceptable but reckless.”

Call Our Personal Injury Law Firm for Legal Assistance

Navigating the legal complexities of holding trucking companies accountable in Virginia can be challenging, especially when dealing with powerful companies like Amazon and insurance companies with substantial resources. Victims and their families are strongly advised to seek the counsel of experienced truck accident attorneys who specialize in truck accident cases.

To find out what legal options you may have, contact our office today to schedule a free and confidential case evaluation. We will work diligently to get you the compensation you deserve, like the $1 million wrongful death settlement for the family of a woman who was killed when a delivery driver failed to yield the right of way and slammed into the woman’s bike, killing her at the scene.

 

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