Liability for Amazon, FedEx, and Delivery Truck Accidents
If an Amazon, FedEx, or other delivery truck causes a crash in Forest County, liability may fall on the driver, the driver’s employer or contractor, the vehicle owner, or more than one party. Unfortunately, the logo on the truck doesn’t automatically tell you who’s legally responsible.
If you were injured in a truck crash, our Forest County truck accident lawyers at Conlon Tarker P.C. can investigate who employed or contracted with the driver, determine which companies were involved in the delivery, identify potentially responsible parties, and preserve evidence before it’s lost.
Who is Liable for a Delivery Truck Crash in Forest County?
Several parties may potentially be responsible for a Forest County truck accident, depending on what caused it:
- The driver – A driver may be liable for speeding, distracted driving, unsafe turns, failing to yield, or other negligent conduct.
- The delivery company – An employer or delivery contractor may have responsibility for an employee’s conduct, depending on the employment relationship and circumstances.
- The vehicle owner – The owner may become relevant if poor maintenance or a mechanical problem contributed to the crash.
- A maintenance company – Faulty repairs or inadequate maintenance may have contributed to the collision.
- Another company – A company responsible for loading or securing cargo could potentially be liable if improperly loaded or secured cargo contributed to the crash.
The investigation should therefore look beyond the name printed on the delivery van.
Why the Driver’s Employment Relationship Matters
The business relationship behind the driver can affect how courts evaluate liability. Pennsylvania courts look at the actual nature of the relationship, including the degree of control over how the work is performed, rather than relying solely on the label used in a contract.
Amazon’s Delivery Service Partner (DSP) structure is one example of a delivery company using independent businesses. FedEx also uses different business arrangements across its operations, including independent businesses that provide contract transportation services. A FedEx logo, therefore, doesn’t, by itself, establish whether the driver was a FedEx employee or worked for another business.
The investigation should determine who employed the driver, who owned or leased the vehicle, who controlled the delivery operation, who maintained the vehicle, and what the driver was doing when the crash occurred.
How Amazon’s Delivery Service Partner Program Affects an Investigation
Amazon’s DSP program is one reason an Amazon-branded van doesn’t necessarily mean an Amazon employee was driving it. Amazon says DSPs are independent businesses that hire and manage their own drivers, while Amazon provides infrastructure, technology, training, and other support. That distinction can be important after a crash.
Under the DSP structure, the individual DSP generally hires and manages its drivers. So if an Amazon delivery van crashes near Tionesta, identifying the actual DSP and the potentially applicable insurance policies can therefore be crucial because multiple parties or insurance policies may become relevant to an injured person’s claim.
For instance, suppose an Amazon-branded delivery van crashes into your car on Route 36 near Marienville. You may initially assume your claim is against Amazon because of the van’s branding. But the driver may actually work for an independent DSP. Determining that DSP can reveal the driver’s employer, the business responsible for the delivery, and the applicable insurance coverage. Those details can affect which parties should be included in your claim and what insurance resources may be available.
Why FedEx, Amazon, and Last-Mile Delivery Truck Crashes Can Be Difficult to Investigate
A truck delivery crash may involve evidence that you can’t simply obtain on your own. This can include:
- Driver and employment records
- Delivery routes and records
- GPS or vehicle data
- Dashcam or other video
- Driver training records
- Vehicle maintenance records
- Phone records or electronic records relevant to the driver’s activities
- Witness statements
- Vehicle inspection findings and event data recorder information
Investigating a Forest County Delivery Truck Accident
The company name displayed on a delivery vehicle is only the starting point. If you were injured in a delivery-truck crash, our Forest County truck accident attorneys can investigate the driver’s employment relationship, vehicle ownership, insurance coverage, and other potentially responsible parties. Call Conlon Tarker at 724-285-7700 or contact us online.
