Hurt in a Crash With an Amazon Delivery Truck? You Don't Have to Sort It Out Alone.

If an Amazon delivery truck hit you or someone you love in Miami

If an Amazon delivery van or box truck hurt you or a family member, you may have a claim. More than one party may be responsible, and the driver is not always the only one.

Rush hour on the Palmetto can feel like a Miami Heat fourth quarter: fast, crowded, and hard to predict. Crashes with delivery vehicles happen on I-95, on the Palmetto Expressway, and at busy intersections across Miami-Dade. Many people are shaken, sore, and unsure who to call first. That reaction is normal.

Some injuries don’t show up right away. Neck pain, headaches, and dizziness can appear hours or days after a crash. Some head and spinal injuries are also slow to reveal themselves. That is why medical care comes first. Follow your doctors’ care, keep every appointment, and save copies of your records.

This page explains the general picture. The facts of each crash decide which rules apply and who may be responsible.

Why Amazon delivery trucks are on Miami roads

Amazon delivery vans and box trucks are on Miami roads because many packages reach homes and businesses by local delivery. This final leg of a package’s trip is often called last-mile delivery. Many drivers on these routes don’t work directly for Amazon. They work for delivery service partners, companies that contract with Amazon to move packages.

That arrangement matters after a crash. The driver’s employer, the owner or leasing company of the vehicle, and Amazon may each have a role. Each one may have made decisions about hiring, training, maintenance, routes, or schedules. Those decisions can be part of the story.

Heavier cargo trucks and semi-trucks carrying Amazon freight also share Florida highways with cars and motorcycles. A crash with a large truck can cause very serious harm. Commercial trucks also follow federal rules that smaller vehicles may not.

Who may be responsible after an Amazon truck crash

Several parties may be responsible after an Amazon truck crash. These can include the driver, the company that employed or contracted the driver, the vehicle owner or leasing company, a maintenance contractor, and sometimes Amazon itself. Which of them apply depends on who controlled what.

Florida law divides fault by percentage. In a negligence case, the court enters judgment against each liable party based on that party’s percentage of fault, not on a joint basis, according to Fla. Stat. § 768.81. In plain terms, each responsible party answers for its own share.

Identifying every party takes records. A Florida Traffic Crash Report, Long Form, must be submitted to the department within 10 days after the investigating officer finishes the investigation for a crash that resulted in death, personal injury, or any indication of complaints of pain or discomfort, or that involved a commercial motor vehicle, under Fla. Stat. § 316.066. The report lists the parties, their vehicles, and their insurers. Florida’s crash-report statute lets the agency holding a long-form crash report release it right away to the people involved in the crash and their lawyers, among others listed in the law, who may not pass it on to anyone the statute does not name; 60 days after the report is filed, it may also be released for the permissible uses listed in federal law (18 U.S.C. § 2721(b)).

Federal rules also require trucking companies to keep records on their drivers. A motor carrier must keep a driver qualification file for each driver it employs, as set out in 49 C.F.R. § 391.51. Those files can show what the company checked before putting someone behind the wheel.

Federal trucking safety rules that can matter in your case

Federal rules for commercial motor vehicles set limits on driving time, require duty-status records, and require testing after certain crashes. Whether these rules were followed can matter a great deal to a claim.

Under 49 C.F.R. § 395.3, a driver of a property-carrying commercial motor vehicle may not drive after 14 consecutive hours following 10 consecutive hours off duty, except as otherwise provided in § 395.1. The driver may drive a total of 11 hours in that period. Except for drivers who qualify for a short-haul exception, driving isn’t allowed after 8 hours of driving time without a 30-minute break.

These logs can show when a driver was on the road and for how long.

Under 49 C.F.R. § 382.303, when an alcohol test is required, the employer must keep a written record of the reasons if the test is not given within two hours. A test is required after a crash involving a death, for a driver who was performing safety-sensitive functions, or when the truck driver gets a citation for a moving traffic violation arising from the crash within 8 hours (32 hours for a controlled-substance test) and someone immediately receives medical treatment away from the scene or a vehicle with disabling damage is towed. After eight hours, the employer must stop trying. Controlled-substance tests have a 32-hour limit.

These timelines are short. Logs, dispatch records, and test records are kept only for set periods. Early action helps protect this evidence.

Can you sue Amazon after a delivery truck crash?

You may be able to bring a claim against Amazon. Whether that claim works turns on the facts of each crash. Courts look at how much control Amazon had over the driver, the routes, the vehicle, and the safety standards.

Florida’s shared-fault rule also matters. A party found more than 50 percent at fault for his or her own harm may not recover any damages, according to Fla. Stat. § 768.81; this bar does not apply to actions for personal injury or wrongful death arising out of medical negligence under chapter 766. That is why fault must be tracked carefully among all parties.

Deadlines matter just as much. Florida’s time limits for lawsuits are set out in Fla. Stat. § 95.11. Deadlines apply and should be checked promptly. A common mistake is waiting to see if an injury gets better before looking into the claim.

Fatal Amazon truck crashes in Miami: support for families

When a crash causes a death, Florida’s Wrongful Death Act can open a path to damages for the family. The Act covers sections 768.16 through 768.26. Under Fla. Stat. § 768.19, when a death is caused by another’s wrongful act, negligence, default, or breach of contract or warranty, and the injured person would have been able to sue and recover damages had the death not occurred, the responsible person or watercraft can be liable for damages.

Families often face grief and paperwork at the same time. You don’t have to sort through every detail at once. Start with the things that are easiest to protect.

Request the crash report, and keep copies of every notice and letter. Save funeral bills, medical bills, and records of lost income. Florida’s definition of economic damages includes medical and funeral expenses, as set out in Fla. Stat. § 768.81.

The National Highway Traffic Safety Administration’s Fatality Analysis Reporting System tracks crash deaths across the country and by state. Those data show trends across many crashes. They don’t tell the story of one family’s case.

Cargo aircraft accidents and who may be responsible

Air crashes follow different rules than road crashes. Families affected by an air accident should not assume road-crash timelines or rules apply to them.

Reports at that time said the investigation into the cause was ongoing.

Cargo and airplane cases can involve different parties, insurance, and claim rules. Investigators will determine what caused the crash. This page does not assign blame to anyone, and it does not name crew members.

What to do in the first days after a crash in Miami

In the first days after a crash, get medical care, then record details while they’re fresh. Small steps taken early can make a big difference later.

• Follow your doctors’ care. Some head and spinal injuries show up days later, even if you feel okay at the scene.
• Note the company name and DOT number on the truck. The DOT number helps identify the motor carrier.
• Photograph the scene, the vehicles, the damage, and any markings on the truck.
• Get the police report number. The Florida Traffic Crash Report, Long Form, must be submitted to the department within 10 days after the investigating officer completes the investigation of a crash that resulted in death, personal injury, or any indication of complaints of pain or discomfort, or that involved a commercial motor vehicle.
• Keep records of medical bills, pharmacy receipts, missed work, and trips to appointments.

An insurance adjuster may ask for a recorded statement soon after the crash. Speaking with a lawyer before giving one can help protect your claim.

Talk with CHG Personal Injury Lawyers about your Amazon truck crash

CHG Personal Injury Lawyers is a Florida-based personal injury firm that serves people throughout Florida. Igor Hernandez is the responsible lawyer for this page. The firm’s lawyers are licensed attorneys admitted to The Florida Bar.

The firm focuses on car and truck crashes, catastrophic injuries, and wrongful death. It handles personal injury cases of every severity, from everyday accidents to life-changing injuries.

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

If an Amazon delivery truck left you hurt or grieving in Miami, the deadlines, records, and insurance calls in front of you can feel like too much. Contact us for a free case evaluation and talk through what may apply to your situation.

This page has not been approved by The Florida Bar. Some matters may be referred to, or handled together with, another law firm.