After an Amazon Delivery Truck Crash, Your Family Deserves Clear Answers

If an Amazon Delivery Truck Hit You or a Family Member in Hialeah Gardens

If an Amazon delivery truck or van hit you or someone you love, you may have a claim for the harm it caused. The steps you take in the first days after a crash often matter most.

Many people in Hialeah Gardens end up here without warning. One moment you are driving home or heading to the store. The next, you are looking at a large branded vehicle and wondering what happens now.

The shock is real. So are the questions:

• Who employs the driver?
• Who owns the truck?
• Is a claim possible at all?

This page answers those questions in plain words. It explains Florida’s rules and deadlines, the evidence to protect, and what families can do after a fatal crash.

This is general information, not medical advice. Please follow your doctors’ care and keep your appointments.

Why Delivery Trucks Are a Common Sight on Hialeah Gardens Roads

Delivery trucks are common in Hialeah Gardens. Busy roads carry commercial traffic alongside commuters and families.

Major corridors in the Miami-Dade area, such as Okeechobee Road and the Palmetto Expressway, carry heavy vehicles and passenger cars side by side every day.

Anyone who has sat in traffic on Okeechobee Road knows how crowded it can get. Traffic moves fast in some stretches. In others, it stops suddenly.

Delivery vehicles also stop often. Drivers pull into driveways, back up near loading areas, and change lanes to keep up with delivery windows.

Each of those moves creates a chance for a collision with a car, a cyclist, or a pedestrian. Turns, lane changes, backing, and loading are where many of these crashes start.

Long days add pressure. Federal trucking rules limit how many hours commercial drivers can work and drive. We explain those limits below, because they can matter after a crash.

Can You Sue Amazon After a Delivery Truck Crash?

A claim against Amazon may be possible in some cases. But each crash depends on its own facts. It also depends on how the companies involved worked together. The answer is never automatic.

Most Florida crash claims rest on negligence. Many injury claims turn on whether someone acted carelessly and whether that carelessness caused the harm.

In a delivery crash, the question is not only who was driving. It also includes who controlled the route, the vehicle, the driver’s schedule, and the safety of the work.

A company logo on a truck does not, by itself, prove who was at fault. Proof comes from records, witness accounts, the crash report, and physical evidence. Our lawyers review each of those pieces before deciding which claims may exist.

Time matters too. Florida’s deadline for negligence claims is covered in the Florida rules section below.

Who May Be Responsible When the Driver Works for a Delivery Partner

Many Amazon delivery routes are run by independent delivery companies. These are often called delivery service partners. The driver may not work directly for Amazon, even when the van carries Amazon branding.

Several parties may be involved:

• the driver
• the driver’s employer
• the company that owns or leases the vehicle
• maintenance or repair contractors
• in some cases, Amazon

Florida handles shared fault by percentage. Under Fla. Stat. § 768.81, a court enters judgment against each liable party. The judgment is based on that party’s percentage of fault.

Each party is judged on its own percentage of fault. Each party is judged on its own share.

Federal courts have also addressed claims about choosing trucking companies. So Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption (Montgomery v. Caribe Transport II).

That ruling answers a legal question. Each crash still turns on its own facts.

That is why the company name on the vehicle and the driver’s paperwork matter early. They help sort out who employed the driver.

Florida Rules and Deadlines That Apply to These Crashes

Florida gives injured people a limited time to file most negligence claims. Under Fla. Stat. § 95.11, the deadline for an action based on negligence is two years.

Deadlines apply. Do not wait to get answers.

Florida also uses a rule called modified comparative negligence. This is a shared-fault rule. Under Fla. Stat. § 768.81, a party found more than 50 percent at fault for their own harm may not recover any damages.

In plain words, if the injured person is more than half to blame, they cannot recover. Shared fault is often argued after a crash, so records matter.

Federal trucking rules also set limits. Under 49 C.F.R. § 395.3, a driver of a property-carrying commercial motor vehicle must take 10 consecutive hours off duty before driving. The driver may not drive after 14 consecutive hours that follow that break. Total driving time in that window is capped at 11 hours.

The same rule, except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), bars driving after more than 8 hours of driving time without at least a consecutive 30-minute interruption in driving status. It also limits total on-duty time. The limit is 60 hours in 7 consecutive days, or 70 hours in 8 consecutive days. The exact limit depends on how often the carrier runs trucks every day.

Those logs can show whether a driver was working within these limits.

Evidence to Protect After an Amazon Truck Crash

Start collecting evidence as soon as it is safe. Facts fade. Some evidence can be lost or overwritten.

• Photos of the vehicles, the scene, the road, and any visible injuries.
• Names and contact information for witnesses.
• Dashcam or doorbell camera footage from nearby homes and businesses. Ask property owners to check their cameras before footage is overwritten.
• The company name, phone number, and any route or delivery details shown on the truck or on paperwork.
• Medical records, bills, and a written timeline of symptoms. Some injuries show up days after a crash, so write down every change.

Federal rules also create records. Under 49 C.F.R. § 395.8, except for a private motor carrier of passengers (nonbusiness), motor carriers subject to the requirements of this part must require drivers to record duty status for each 24-hour period. Carriers operating commercial motor vehicles must install and require each driver to use an electronic logging device (ELD). A manual grid is allowed only in limited cases, such as for a driver operating a vehicle manufactured before model year 2000.

The record must show the carrier’s assigned number. Or it must show the vehicle’s license number and licensing state.

A written preservation request asks the trucking companies to keep this evidence. That includes electronic logging device data, GPS and telematics information, and dashcam video. Preservation requests help keep this evidence from being lost.

How to Get a Florida Crash Report for a Hialeah Gardens Accident

A crash report is usually requested from the law enforcement agency that investigated the crash. Depending on where the crash happened, that could be the Hialeah Gardens Police Department. It could also be the Florida Highway Patrol.

Florida sets a clock for these reports. Under Fla. Stat. § 316.066, a long-form crash report must be submitted to the department within 10 days after an investigation is completed, for crashes that resulted in death of, personal injury to, or any indication of complaints of pain or discomfort, or that meet other listed criteria. The statute covers crashes that resulted in death, personal injury, or any indication of complaints of pain or discomfort; that involved a violation of s. 316.061(1) or s. 316.193; that rendered a vehicle inoperable to a degree that required a wrecker to remove it from the scene of the crash; or that involved a commercial motor vehicle.

To get a copy, you must present a valid driver license or other photographic identification, proof of status, or identification that demonstrates your qualifications to access that information. You must also file a written sworn statement for each report you request, stating that information from the crash report will not be used for any commercial solicitation of accident victims or knowingly disclosed to any third party for the purpose of such solicitation.

The statute says crash reports may be made available to the parties involved. It also covers their legal representatives and their insurers.

The report lists the vehicles and people involved. It is one piece of evidence. It does not decide who is at fault by itself.

Common Injuries From Large Delivery Truck and Van Crashes

Collisions with heavier commercial vehicles can cause serious injuries. Common examples include broken bones, back and neck injuries, and traumatic brain injuries. In severe crashes, injuries can include spinal cord injuries, paralysis, or amputation.

Some injuries are catastrophic and permanent. They can change work, home life, and daily routines for years. That is why early medical evaluation matters. This is true even when symptoms seem mild at first.

Symptoms that seem minor on the day of a crash can change over time.

Many families also face new costs. These include therapy, equipment, and home changes. Plan ahead with your care team. Keep records of every expense.

Follow your doctors’ care. Keep every appointment, take prescribed medicine as directed, and tell your doctor about every symptom. This section is general information, not medical advice.

When a Delivery Truck Crash Is Fatal: Florida Wrongful Death Claims

Losing someone in a crash is one of the hardest things a family can face. Before any legal discussion, we want to say this clearly: we are sorry for your loss.

Florida law lets certain family members pursue a claim after a death caused by another person’s wrongful act. Under Fla. Stat. § 768.19, the party who would have been liable if the injury had not been fatal remains liable for damages.

Under Fla. Stat. § 768.20, the decedent’s personal representative brings the action. The personal representative is the person who handles the deceased’s estate. The claim is for the survivors and the estate.

Under Fla. Stat. § 768.21, a surviving spouse may recover for loss of companionship and protection. A spouse may also recover for mental pain and suffering.

Each parent of a deceased minor child may recover for mental pain and suffering.

Families often face many questions at once. These include records, the crash report, funeral costs, and who handles the estate. Deadlines apply to these claims too. Families should not wait to seek answers.

Next Steps for Hialeah Gardens Families After an Amazon Truck Crash

Start with care and records. Get medical attention, keep every appointment, and request the crash report. Write down expenses and missed work.

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It serves Hialeah Gardens and communities throughout Florida. Our licensed attorneys are admitted to The Florida Bar. Igor Hernandez is the lawyer responsible for this page.

Facing a large insurance company alone can feel like pushing a loaded delivery truck up a hill by yourself. You don’t have to do it alone.

The first consultation is free, confidential, and without obligation. The firm charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions