You are traveling through a Pittsburgh neighborhood as a delivery van pulls away from the curb and hits your car. Maybe a driver backs out of a driveway without seeing you, runs a stop sign while rushing between deliveries, or strikes you while driving a personal vehicle loaded with packages.
You noticed the Amazon vest, packages, or logo, so you assume Amazon is responsible for the crash.
But after the crash, the paperwork may tell a more complicated story.
The driver may work for a separate Delivery Service Partner. Another driver may be delivering through Amazon Flex in their own vehicle. In another case, a different business may own or lease the delivery vehicle, and more than one insurance policy can come into play.
After a delivery-driver accident, identifying who caused the crash is only the beginning. You also need to determine who the driver was working for, what delivery program was involved, who owned the vehicle, and what insurance coverage applies.
Is Amazon Automatically Responsible if an Amazon Driver Hits You?
Not necessarily.
Seeing Amazon branding does not, by itself, answer the legal question of who is responsible.
Amazon uses several delivery models. Under its Delivery Service Partner program, or DSP program, independently owned delivery businesses employ and supervise drivers who deliver packages for Amazon. Amazon describes DSPs as independent third-party businesses whose drivers are employed by the individual DSP.
Amazon Flex operates differently. Flex delivery partners use their own vehicles to make deliveries during scheduled delivery blocks, and Amazon describes them as independent contractors.
Those labels help identify how the delivery system is structured, but they do not by themselves resolve every liability question after a crash. Determining whether a company beyond the driver can be held responsible requires looking at the actual relationship involved, including who employed the driver, who controlled the work, and what the driver was doing when the collision occurred.
That means the answer to “Who does this driver work for?” should not be assumed from the package, vest, or logo.
Could the Delivery Driver's Employer Be Responsible?
Yes, if the driver was an employee acting within the scope of employment.
Pennsylvania law generally holds an employer vicariously responsible for negligent acts committed by an employee during the course and scope of employment. The harder question in a delivery-driver case can be identifying the legal relationship among the driver and the businesses involved.
Pennsylvania courts look closely at the right to control how the work is performed when determining whether a relationship is one of employment or independent contracting.
For example, a driver actively making scheduled deliveries for a DSP when a collision occurs presents different questions from someone who has finished working and is using the vehicle solely for a personal errand.
The investigation can include:
- Who hired and paid the driver
- Who had the right to control how the delivery work was performed
- What company the driver was working for at the time
- Whether the crash happened during an active delivery route
- Who owned or leased the vehicle
- What insurance policies applied
Those details can determine whether responsibility extends beyond the individual driver.
What if the Driver Was Using a Personal Car for Amazon Flex?
A personal vehicle does not necessarily mean the crash should be treated like an ordinary off-duty automobile accident.
Amazon states that Flex delivery partners must maintain the insurance required in their area and that it provides commercial auto insurance to Flex drivers in states other than New York while they are actively delivering during a delivery block. According to Amazon's current Flex information, that coverage includes auto liability and uninsured/underinsured motorist coverage, subject to the terms and conditions of the policy.
That makes the driver's status at the time of the collision especially important.
Was the driver actively making deliveries? Had the delivery block started? Was the driver between scheduled stops? Or had the delivery work ended and the vehicle returned to personal use?
You should not assume which insurance coverage applies until the driver's delivery status and the applicable policies have been identified.
What if a Delivery Service Partner Driver Caused the Collision?
If the driver worked for a Delivery Service Partner, identifying the actual DSP can be an important part of the investigation.
Amazon-branded vans do not necessarily mean the driver is employed directly by Amazon. Amazon states that DSP drivers are employed by the individual Delivery Service Partner, which is responsible for hiring and managing its drivers.
That makes the name of the delivery company, the driver's employment status, the vehicle's ownership or lease information, and the applicable insurance important pieces of the claim.
The logo on the van can indicate whose packages were being delivered. It does not necessarily identify every person, business, or insurance policy that needs to be examined after the crash.
What Evidence Should You Preserve After a Pittsburgh Delivery Accident?
I am Beth Tarasi of Tarasi & Tarasi P.C., and when I evaluate a delivery-driver accident, I look beyond how the vehicles collided. In a commercial delivery case, the evidence may also need to show what the driver was doing for work when the crash occurred and which businesses were connected to the delivery.
Delivery-driver crashes can involve additional records that are not typically part of an ordinary two-car collision.
In addition to photographs, police reports, witness information, medical records, and evidence of vehicle damage, relevant records can include:
- The driver's delivery status
- Route information
- Dispatch or delivery records
- GPS or app data
- Vehicle ownership or lease information
- The name of the DSP or other delivery company
- Insurance information
- Onboard or nearby video
- Communications relating to the route or delivery
Some of that information can be controlled by the driver, a delivery company, an insurer, or another business rather than by you.
If you are physically able to do so safely, photographs of the delivery vehicle, company markings, license plate, damage, packages, and surrounding roadway can help document what was present immediately after the crash.
Nearby businesses, homes, or other locations can also have video of the collision that is not necessarily preserved indefinitely.
Who Pays Your Medical Bills After a Delivery-Van Accident in Pennsylvania?
Who caused the crash and which insurance pays your initial medical benefits are separate questions under Pennsylvania law.
Pennsylvania's Motor Vehicle Financial Responsibility Law establishes an order for determining which policy provides first-party benefits after an injury involving a motor vehicle. The answer can depend on whether you are the named insured on a policy, otherwise covered as an insured, occupying an insured vehicle, or not occupying a vehicle when the crash occurs, such as a pedestrian. Statutory eligibility rules can also affect recovery.
A separate liability claim can address losses caused by the negligent driver and any other party that is legally responsible for the crash.
The damages that may be available depend on the circumstances of the accident, your injuries, and Pennsylvania law, while the insurance available to cover those losses depends on the policies and parties involved.
Does It Matter That the Driver Was Rushing to Make Deliveries?
It can, but a busy delivery schedule does not by itself prove negligence.
The important question is what the driver actually did.
Evidence can show whether the driver was speeding, following too closely, backing without adequate observation, failing to yield, using a phone or delivery device, making an unsafe stop, or otherwise failing to operate the vehicle with reasonable care.
The fact that someone was making deliveries does not automatically establish negligence. Likewise, a delivery schedule does not automatically make another company legally responsible.
Those conclusions depend on the driver's conduct, the relationship among the businesses involved, and the evidence surrounding the crash.
How Long Do You Have to Bring an Injury Claim in Pennsylvania?
Pennsylvania generally provides a two-year limitations period for actions seeking damages for personal injuries caused by another person's negligence.
That does not mean you should wait two years to investigate the crash.
Evidence can disappear much sooner. Video may be overwritten, vehicles may be repaired, witnesses may become harder to locate, and electronic delivery records may be more difficult to obtain as time passes.
When a commercial delivery operation is involved, identifying and preserving evidence can be particularly important.
Talk to Tarasi & Tarasi After a Pittsburgh Delivery-Driver Accident
Being hit by a delivery driver can leave you dealing with injuries, medical treatment, missed work, vehicle damage, and an insurance process that becomes more confusing once you realize the person behind the wheel may be connected to several different businesses.
When I review one of these crashes, I focus on both how the collision happened and the business and insurance relationships behind the delivery.
If you were injured in an accident involving an Amazon, DSP, Flex, or other delivery driver in Pittsburgh or Western Pennsylvania, contact Tarasi & Tarasi P.C. to discuss what happened and what legal options are available based on the circumstances.
Disclaimer: The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice about your specific situation, please contact our law firm directly.
