Hurt by an Amazon Delivery Driver? Find Out Who Pays in Florida

If an Amazon delivery driver hit you in Florida, more than one party may share responsibility. The driver, the company that ran the route, the vehicle owner, and several insurance policies can all be part of the picture.

It is general information. It is not advice about your own case.

Who Pays After an Amazon Delivery Driver Crash in Florida

Several parties and insurers may be involved. The answer is rarely a single name.

This guide covers crashes involving Amazon delivery vans, box trucks, and vehicles driven for Amazon Flex on Florida roads. It applies whether you were a driver, passenger, pedestrian, cyclist, or other motorist.

Florida law sets the rules and deadlines for a Florida crash. Each case turns on its own facts. One crash may have a different answer than another.

Who May Be Responsible: Driver, Delivery Company, Amazon, or Vehicle Owner

The driver, the delivery company, and the vehicle owner may each be responsible. It depends on what caused the crash. Here is how each one fits in.

• The driver. Careless driving, distraction, speeding, or fatigue (being very tired) can make a driver responsible for a crash.
• The delivery company. Many Amazon routes are run by delivery service partner (DSP) companies. These companies employ or contract the drivers. Their commercial insurance is often central to a claim.
• Amazon. Whether Amazon can be named depends on the driver’s status. Key questions include:
• Is the driver an employee, a contractor, or an Amazon Flex driver?
• What contracts set up the route?
• The vehicle owner. A company-owned van and a personally owned vehicle can lead to different insurance paths.

Florida also uses comparative fault (shared fault) (Fla. Stat. § 768.81(6)). This means each person’s share of blame matters.

Under Fla. Stat. § 768.81, in a negligence action to which the section applies, a party found more than 50 percent at fault for their own harm may not recover damages. This does not apply to personal injury or wrongful death actions arising out of medical negligence under chapter 766.

When fault is disputed, the evidence decides how responsibility is divided.

Your Insurance and Florida’s No-Fault (PIP) System

Florida’s no-fault system starts with your own PIP (personal injury protection) coverage. PIP pays certain medical and wage costs after a crash.

Under Fla. Stat. § 627.733, every owner or registrant of a motor vehicle required to be registered and licensed in Florida, other than a school bus or limousine, must maintain this security in effect continuously throughout the registration or licensing period. Fla. Stat. § 627.733 reads: “(b) Every owner or registrant of a motor vehicle used as a taxicab shall not be governed by paragraph (1)(a) but shall maintain security as required under s. 324.032(1), and s. 627.737 shall not apply to any motor vehicle used as a taxicab.”

Under Fla. Stat. § 627.737, an owner, registrant, operator, or occupant of a motor vehicle with required security, or a person legally responsible for their acts, is exempt from tort liability for those injuries, unless the plaintiff may maintain an action for pain and suffering under subsection (2). Tort liability means legal responsibility to pay for harm. This applies to the extent PIP benefits are payable, or would be payable but for an exclusion authorized by Florida’s no-fault statutes.

In a lawsuit against the owner, registrant, operator, or occupant of a motor vehicle with security provided as required by ss. 627.730-627.7405, or a person legally responsible for their acts or omissions, Florida law limits when a plaintiff may recover damages for pain, suffering, mental anguish, and inconvenience to injuries that fall within the categories listed in § 627.737(2):

• significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement), or scarring or disfigurement that is both significant and permanent
• death

Keep your appointments. Follow your doctors’ care.

Florida Deadlines That Can Affect Your Claim

Florida gives two years to file a negligence lawsuit (Fla. Stat. § 95.11(5)(a)), except that tort actions filed by or on behalf of a prisoner as defined in s. 57.085 must be commenced within 1 year. A negligence lawsuit claims that someone’s carelessness caused harm.

Under Fla. Stat. § 95.11, a negligence lawsuit must generally be filed within two years, but tort actions filed by or on behalf of a prisoner as defined in s. 57.085 must be commenced within 1 year.

Medical negligence claims follow different time limits in the same statute. Do not assume the two-year rule covers every claim.

If a crash causes a death, Florida’s wrongful death law lets the family pursue damages (money for their losses). A wrongful death case is a lawsuit the family files after a loved one dies.

Under Fla. Stat. § 768.19, a person who would have been liable had the injured person lived can be liable for damages even after the death.

Deadlines keep running while you wait for medical care or talk with an insurer.

What to Do Right After an Amazon Van Crash

Call 911 first. Then gather details while you can. Medical care comes first. Get checked even if your injuries seem minor.

• Call 911 and ask for police to come to the scene.
• Get medical evaluation. Follow your doctors’ care.
• Write down the driver’s name, the delivery company name on the van, the license plate, and the insurance details.
• Photograph the vehicles, the road, visible injuries, and traffic signs.
• Get the names and phone numbers of witnesses.
• Ask for the crash report. Under Fla. Stat. § 316.066, a Florida Traffic Crash Report, Long Form must be submitted for a crash that resulted in death, personal injury, or complaints of pain, or that involved a commercial motor vehicle. It must be submitted within 10 days after an investigation of a crash involving injury or complaints of pain, a violation of s. 316.061(1) or s. 316.193, or other listed circumstances. The parties, their legal representatives (lawyers acting for them), and their insurers can access it.
• Be careful with recorded statements to any insurer. Learn your rights first.

How a Claim Involving a Delivery Company Is Investigated

A delivery crash claim is built on records. The most useful evidence often shows where the driver was and what the driver was doing. Evidence can include:

• the police report and scene photos
• dashcam, vehicle, or telematics data (information the vehicle’s GPS and sensors record)
• route, delivery schedule, and driver log records
• the driver’s training, hiring, and vehicle maintenance records
• witness statements

Routine records can be overwritten or discarded. Early requests to preserve them matter.

Where the facts are disputed, outside accident reconstruction analysts (people who study how a crash happened) may study the crash.

A typical claim moves through these steps:

1. Intake and a review of your facts
2. Records requests
3. Documentation of medical care
4. Negotiation with insurers
5. A lawsuit, if needed

How CHG Personal Injury Lawyers Handles These Claims

CHG Personal Injury Lawyers is a Florida-based firm. It handles car and truck crash claims for people across Florida. The firm serves clients in communities including Miami, Orlando, Tampa, and Jacksonville.

Igor Hernandez is the responsible lawyer for this page. Our lawyers and team work with clients through each step of the claim.

The firm focuses on car and truck accidents, including delivery vehicle collisions. It also handles other personal injury claims, from everyday crashes to catastrophic harm.

The first consultation is free and confidential, with no obligation to continue. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Some cases may be referred to, or handled together with, another law firm.

Frequently Asked Questions About Amazon Delivery Crash Claims