The ever increasing demand for fast delivery has determined many companies to outsource this service, following the same model as ridesharing companies. One such program is Amazon Flex. And this led to a new type of traffic incident, with complex legal implications: Amazon Flex accidents.
In this article, a Cincinnati car accident lawyer explains how to file a claim and who is liable for your damages if you were hit by an Amazon Flex driver.
Are Flex Drivers Amazon Employees?
When they hear the name Amazon, many accident victims believe they can sue the internet giant for millions. However, this is not possible. Just like Uber or Lyft drivers, Amazon Flex drivers are not employed by Amazon.
They are independent contractors, so the company cannot be held responsible under the vicarious liability principle. Anyone holding a valid driving license can download the Amazon Flex app and join the program.
Why Are Amazon Flex Drivers Prone to Causing Traffic Accidents?
The explanation given above represents a big part of the answer to this question. Amazon Flex drivers are not professional drivers. They do not receive special training. They do not have to hold a commercial driving license.
They are very likely to hit another car because:
- They are speeding to arrive at the client’s location as fast as possible
- They are distracted while interacting with the app to accept an order
- They are not well familiarized with all the streets in Cincinnati and focus their attention on the navigation system
All these are proof of negligence, giving you the right to file an accident claim against their individual insurance policy. But what about Amazon? Is there no way of getting compensation from the company at all?
Amazon Provides Insurance Coverage to Flex Drivers
As your Cincinnati car accident attorney will tell you, there is some good news for injured drivers. Amazon provides drivers with commercial insurance up to $1,000,000. However, this insurance coverage is available only in specific situations:
- The driver had accepted an order and was driving to pick it up
- The driver had the package in their car and was driving to the destination
If the driver was not actively engaged in making a delivery, the Amazon Flex coverage will not pay for your damages.
What to Do after an Amazon Flex Accident
Your actions immediately after the crash will significantly influence your ability to collect the maximum compensation you deserve. Here are the most important steps to follow:
1. Report the Accident
Call 9-1-1 immediately after the crash and report the accident. This is a legal obligation for all Ohio drivers, if a traffic accident results in death, bodily injury and/or at least $1,000 in property damage.
At the same time, request an ambulance to receive first aid for your injuries.
2. Check the Amazon Flex Driver’s Status
Besides exchanging contact and insurance information with the other driver, ascertain if they were making a delivery on behalf of Amazon.
The most reliable piece of evidence in this respect is a photo of the driver’s phone screen, showing the Amazon Flex app. The image will also contain the date and time, which will help your lawyer establish causality.
3. Document the Accident Scene
Although the police will investigate the crash scene, you should also collect your own evidence. Use your phone camera to take photos of videos of all relevant aspects, such as:
- The position of both vehicles immediately after the accident
- The damages to your car
- Your injuries
- Skid marks
- Potholes, debris on the road and other instances of poor road condition
Always look for a landmark to include in your photo as a reference point, to establish distances and scale.
4. Get Medical Attention Immediately after the Accident
Many people believe that they were lucky to get away with only a few scratches and do not see a doctor after a car crash. This is a mistake from two points of view.
First, and most importantly, not all types of car accident injuries are visible and show symptoms immediately. You could be seriously injured and only become aware of it hours or days later, when your condition takes a turn for the worse.
Secondly, without clear documentation of your injuries by a medical professional within a short time after the crash, you may not have a case. The insurance adjuster will say that you were injured later, in a separate accident, and will deny your claim.
Talk to a Cincinnati Car Accident Lawyer after an Amazon Flex Crash
After your doctor gives you the green light to leave the hospital, your first action should be to contact a Cincinnati car accident lawyer. Bring all the evidence you have to the first appointment to get a reliable legal opinion.
If you have a valid case, we will represent you on a contingency fee basis – your attorney will get their fees after winning your claim.
We offer each new client a free case evaluation, so call us at 844-853-7373!
