The gig economy has grown enormously over the past 15 years. Today, more than 60 million Americans work in the gig economy for such companies as Lyft or Uber Eats. Amazon Flex is another gig job that is popular in Atlanta. People sign up to deliver packages for Amazon while using their own vehicles. Once registered, they sign up for delivery blocks, which are scheduled time periods during which drivers pick up packages from warehouses or delivery stations and deliver them to customers. These delivery partners sign up on the Amazon Flex app and can start earning around $20 an hour.
What happens if you are hit by someone delivering for Amazon Flex? Call Stewart Miller Simmons Trial Attorneys. Our Atlanta car accident lawyer can explain how to seek compensation.
Liability for Amazon Flex Accidents
If you were hit by a driver for Amazon Flex, the first consideration is liability or fault. You can only seek compensation if the Flex driver has the majority of fault for the crash.
Often, these drivers are speeding or running red lights to get to their destination quicker. Flex drivers try to get as many deliveries as possible within an hour to increase what they take home. This incentive will often lead to dangerous maneuvers out on the road and preventable accidents.
After a collision, you should document the crash as you would after any other crash. Take pictures of the vehicles involved. You can also talk to witnesses, like you would after any car accident. And remember to call the police to report the crash.
Can You Sue Amazon?
Although the driver is delivering for Amazon, they are not employees. For this reason, you cannot typically sue Amazon directly for car accidents with Flex drivers. This is the result of the driver being an independent contractor. Generally, employers are not liable for the negligence of independent contractors.
There are exceptions to this general rule:
- Amazon lets a dangerous driver sign up for Amazon Flex. The driver could have a history of accidents, DUI arrests, and the like. The company might be liable for failing to perform a background check on the driver before letting them sign up and start driving.
- Amazon failed to suspend a dangerous driver. The company cannot hide its head in the sand. If a Flex driver gets into multiple accidents, then Amazon should pull them from the app.
- You are hit by an Amazon Delivery Partner. These are not Flex drivers but other delivery companies that contract with Amazon. You might sue Amazon for various accidents.
Contact our office to talk about the crash. Suing Amazon directly has some advantages, including seeking possible punitive damages for gross violations of their duty of care. The company has adopted the independent contractor model precisely to avoid liability for most accidents.
Bringing an Injury Claim: What Insurance Applies?
The good news is that anyone driving for Amazon Flex should have commercial insurance. This policy will cover an accident when the Flex driver is making a delivery. This policy will cover up to $1 million in damages per accident. That money can cover medical expenses, lost wages or income, and pain and suffering. You can also seek compensation for car repairs.
However, the Flex Driver might not be on a block when you get into a crash. In that situation, you need to submit a claim on the driver’s personal insurance. In Georgia, the minimum insurance is much lower: $25,000 for bodily injury liability, along with $25,000 for property damage. That might not be enough money to cover all necessary medical care, to say nothing of pain and suffering.
The key consideration is whether the driver is actively working a delivery block. If so, then much more compensation is available to cover your injuries—up to $1 million.
Some drivers might be uninsured. In that case, we might need to turn to other insurance, such as your own uninsured motorist coverage. Let us go through all relevant policies to see which ones apply. We can also submit claims on your behalf which help maximize your compensation.
What is the #1 Challenge with this Type of Case?
Probably the biggest challenge is proving you do not have most of the fault for the crash. Comparative negligence comes into play in any car accident case, including those with Flex drivers. For example, the Flex driver could claim you cut them off or were tailgating and thus responsible for the crash.
If you are 50% or more to blame, you will not receive compensation. (Georgia Code § 51-12-33(g).) Many Georgia insurance companies will adopt an aggressive negotiating posture—especially if they have proof you were not driving carefully. They are trying to pay very little.
Remember not to give any recorded statement to Amazon or the driver’s insurance company. It is too easy to slip up and admit you were looking at your phone when the Amazon Flex driver struck you, or that you were tired after working a full shift at work. These facts could make you partially liable for an accident.
Instead, you should begin searching for a lawyer to take your case. At our firm, we will review a police report and talk about what happened. We can also sit beside you if you answer questions from an insurer.
You should also minimize posting on social media networks. Go through all your accounts and set them to private for the duration of your case. An insurance claims adjuster might scrape your public accounts for information, including any posts you make about the accident.
Speak with an Experienced Atlanta Car Accident Lawyer in a Free Consultation
The gig economy has transformed how people work and get around town. Still, accidents are a fact of life, and many of our clients have been struck by Uber and now Amazon Flex drivers. Stewart Miller Simmons Trial Attorneys can assist.
Contact our firm by calling (404) 529-3476 to schedule a free consultation at a convenient time and location.
