When an Amazon Delivery Truck Crash Takes a Loved One

If a loved one died in a crash with an Amazon delivery truck or van in Florida, the family may be able to bring a wrongful death claim. Florida law lets certain family members seek damages. Under Fla. Stat. § 95.11, most of these claims have a two-year filing deadline. This guide explains the basics in plain language.

What a Wrongful Death Claim Means After an Amazon Truck Crash

A wrongful death claim lets a family seek damages when someone else’s negligence or wrongful act causes a death.

Florida handles these claims under the Florida Wrongful Death Act. It covers sections 768.16 through 768.26 of the Florida Statutes.

Under Fla. Stat. § 768.19, when a death is caused by another person’s wrongful act or negligence, the person who would have been liable for damages had the injured person survived can be held liable for those damages.

The injured person’s own claim does not continue after death. Fla. Stat. § 768.20 says that when a personal injury results in death, no action for that injury survives. In plain terms, the wrongful death claim takes its place and is brought for the benefit of the decedent’s survivors and estate.

The claim is brought by the decedent’s personal representative. The decedent is the person who died. The personal representative is the person who handles the estate. That person recovers for the survivors and the estate.

Who Can Be Held Responsible in an Amazon Delivery Truck Crash?

More than one party may be involved in one crash. The truck, the driver, and the company behind the delivery can each have a role.

Many Amazon deliveries are made by drivers who work for independent delivery service partner companies. Possible responsible parties include:

• The driver, for unsafe or careless driving.
• The driver’s employer or delivery partner company.
• The owner or leasing company of the vehicle.
• Any company that maintained or loaded the vehicle.

Can you sue Amazon? Whether Amazon can be named depends on the facts. These include how the delivery operation is set up and who controls the driver and the route.

Did a party fail to use reasonable care? If so, did that failure cause the harm?

Federal trucking rules apply mainly to commercial motor vehicles used in interstate commerce, and they may place duties on the motor carriers that operate them. Under 49 C.F.R. § 390.11, a motor carrier must require its drivers to follow the duties and prohibitions that apply to them.

Florida’s fault rule matters too. Under § 768.81, in a negligence action to which that section applies, a party found more than 50 percent at fault for their own harm may not recover any damages, but this does not apply to an action for personal injury or wrongful death arising out of medical negligence under chapter 766. In most cases, judgment is entered against each liable party by its percentage of fault rather than against the parties as a group.

What Damages a Florida Family May Be Able to Pursue

Florida law names specific damages for survivors and for the estate. Damages means money awarded for losses. Which ones apply depends on who the survivors are.

• Surviving spouse: loss of companionship and protection. Also mental pain and suffering from the date of injury.
• Minor children: loss of parental companionship, instruction, and guidance. Also mental pain and suffering. All children may recover this if there is no surviving spouse.
• Parents of a deceased minor child: mental pain and suffering from the date of injury. Parents of an adult child: mental pain and suffering if there are no other survivors.
• Any survivor: lost support and services. Future losses are reduced to present value, meaning a lower amount today.
• Survivors who paid bills: medical or funeral expenses they paid.

These categories come from Fla. Stat. § 768.21.

Fla. Stat. § 768.18 defines survivors to include a spouse, children, and parents. When partly or wholly dependent on the person, certain blood relatives and adoptive brothers and sisters also qualify.

Each case turns on its own facts. These include the person’s age, earnings, family role, and the crash itself. Useful records include:

• Pay statements and tax returns
• Bills and receipts
• Written accounts of the household tasks the person handled

Florida’s Two-Year Deadline and Evidence That Can Disappear

Florida law generally gives two years to file a wrongful death action under Fla. Stat. § 95.11. Deadlines apply. Acting early protects your options.

Evidence is often the first thing to slip away. Key sources include:

• Crash report: For crashes involving death, personal injury, any indication of complaints of pain or discomfort, or a commercial motor vehicle, a Florida Traffic Crash Report, Long Form must be submitted within 10 days after the investigation is completed (§ 316.066).
• Electronic logging data: These devices automatically record the date, time, location, engine hours, vehicle miles, and driver, vehicle, and motor carrier identification (49 C.F.R. § 395.26).
• Delivery and route records: scan times, route logs, and dispatch data.
• Video and maintenance records: dash-camera or surveillance footage, plus inspection and repair history. Video can be overwritten over time. That is why early requests matter.

Families should keep a copy of the crash report, medical records, funeral receipts, and photos.

Think carefully before giving a recorded statement to an insurance company.

Families also often ask whether they must wait for criminal charges. A civil claim is a separate matter from any criminal case.

How a Wrongful Death Claim Typically Moves Forward

A typical claim moves from an initial consultation to investigation, negotiation, and, if needed, a lawsuit. Timelines vary with the facts and court schedules.

1. Free, confidential initial consultation. The attorney reviews the crash, the family’s situation, and the deadline. There is no obligation to continue.
2. Evidence preservation. Letters go to the companies involved, asking them to keep records and data.
3. Identifying responsible parties. The review covers who employed, controlled, and insured the driver and vehicle.
4. Building the damages case. Bills, wage information, and survivor accounts are gathered.
5. Negotiation and filing. Claims are presented to insurers. If needed, a lawsuit is filed in the proper Florida court.
6. Resolution. The case ends in a settlement or at trial.

CHG Personal Injury Lawyers charges no attorney’s fees and no case costs unless there is a recovery.

Why Families Work With CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It represents people and families throughout Florida, including in Miami, Orlando, Tampa, and Jacksonville.

• The firm handles truck accidents, Amazon truck accidents, wrongful death, and catastrophic injury cases. It also handles other personal injury matters.
• Our attorneys are licensed and admitted to The Florida Bar. Igor Hernandez is the responsible lawyer for this page.
• The firm publishes educational content in English and Spanish.
• A matter may be referred to, or handled together with, another law firm, depending on the case.

Common Questions Families Ask About Amazon Truck Wrongful Death Claims

Under § 768.21, the decedent’s personal representative may recover for the decedent’s estate, and each survivor may recover the damages listed for that survivor. The answers below cover the first questions most families ask.

Talk With a Florida Attorney About Your Family’s Next Step

If your family is weighing whether to act after a crash that took a loved one’s life, you don’t have to sort out the deadlines and evidence alone.

Contact CHG Personal Injury Lawyers for a free, confidential initial consultation, with no obligation to continue. On that call, we review the crash details, the filing deadline, and who may be responsible. Then we explain your options.