Hurt by an Amazon Delivery Truck in Westchester? You Don't Have to Sort Out the Claim Alone.

If an Amazon Delivery Vehicle Hit You in Westchester

Amazon truck accidents in Westchester can cause serious injuries. They can also lead to large medical bills and lost pay. Whether you have a claim depends on three questions:

• Who was driving?
• Who hired that driver?
• What happened on the road?

This page covers Westchester in Miami-Dade County, Florida. It does not cover Westchester County, New York.

Picture a white delivery van that pulls out of a side street off Bird Road and clips your car. Or a box truck that forces a cyclist toward the curb. Or a step van that strikes a pedestrian in a crosswalk. Each person now faces hospital visits, missed work, and insurance calls they never planned for.

Many people do not know if they have a claim. That is normal. An Amazon logo on a van does not tell you who owns it. It also does not tell you who employs the driver or who set the route. Those answers take investigation. Dealing with a large insurance company alone can feel overwhelming. Our Amazon truck accidents overview covers the bigger picture.

Can You Sue Amazon If a Delivery Driver Hits You?

You may have a claim against the driver. You may also have a claim against the company that employed or contracted the driver. In some cases, Amazon may be included. Whether Amazon can be held responsible depends on the facts.

Many Amazon delivery routes run through delivery service partners. These are independent companies. They hire the drivers. They often own or lease the vehicles. This setup can change who is named in a claim. That is why it gets examined early.

Investigators usually ask a few direct questions:

• Who controlled the driver’s schedule and route?
• Who owned or leased the van?
• Who was responsible for the vehicle that day?

The answers show which parties may be involved.

A first conversation can help sort out which parties may be involved in your crash.

Amazon Delivery Vehicles and the Injuries They Cause

Delivery vehicles in Westchester include cargo vans, step vans, box trucks, and larger contracted tractor-trailers. Size matters. Heavier vehicles usually carry more force into a crash. That can make injuries more severe.

Common serious injuries include:

• Spinal cord injuries
• Traumatic brain injuries
• Fractures
• Crush injuries
• Amputations
• Severe burns
• Internal injuries

Some of these injuries are permanent. They can change daily life for good.

Florida law describes a serious bodily injury. It is a physical condition that creates “a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.” Protracted means long-lasting. This definition appears in Fla. Stat. § 316.027.

Some injuries take time to show. Follow your doctors’ care. Keep every medical record, bill, and appointment note. Our pages on catastrophic injuries and truck accidents go into more detail.

Why Westchester’s Roads Raise the Stakes

Heavy delivery traffic, frequent stops on residential streets, and busy commercial roads can raise the chance of a serious crash. Westchester sits in the middle of all three.

Bird Road and Coral Way carry steady commercial traffic. Florida’s Turnpike is close by for longer trips. Delivery vehicles stop often. They pull into driveways, back out of loading areas, and merge into traffic. That traffic includes cyclists and people walking. Each stop is another moment when a driver must watch for people nearby.

Florida law recognizes that people on foot and on bikes face extra risk. Under the same crash statute, a pedestrian is a “vulnerable road user,” meaning a person more at risk on foot or on a bike. This includes a person working on a highway. See Fla. Stat. § 316.027. Anyone hurt on foot or on a bike deserves a careful look at how the crash happened.

Evidence That Matters After a Delivery Truck Crash

The most useful evidence is usually:

• The crash report
• Your medical records
• Photos of the scene
• Witness names
• The company’s own driving records

Your health comes first. Get medical care right away. Call 911 if you need help.

When you can, take photos of the scene, the vehicles, and any damage. Write down witness names and phone numbers. Ask the officer for the crash report.

Florida requires a Florida Traffic Crash Report, Long Form, for crashes that result in death, personal injury, or any indication of complaints of pain or discomfort, and for certain other crashes, including those that involve a commercial motor vehicle. The report must be submitted to the department within 10 days after the investigation is completed. See Fla. Stat. § 316.066. Parties and their legal representatives may access the report. To request it, you need a valid driver license or other photographic identification, or other proof of status or identification that shows you qualify to access the report. You also must sign a sworn statement, which is a statement made under oath, for each individual crash report you request, that the information will not be used for any commercial solicitation of accident victims or knowingly disclosed to any third party for that purpose.

Commercial trucks create more records. Under 49 C.F.R. § 395.8, a motor carrier, meaning a company that moves goods by commercial truck, must require each driver to record duty status. Duty status means hours on and off work. Drivers must record it for each 24-hour period. No driver or carrier may make a false report about it. Under 49 C.F.R. § 390.11, the motor carrier must require drivers to follow the rules that apply to them. These records can be lost if they are not requested in time.

Florida Deadlines and Fault Rules

Florida sets time limits for filing a lawsuit. For a negligence claim, which is a claim that someone failed to act with reasonable care, the limit is two years. See Fla. Stat. § 95.11.

Deadlines apply. Contact us promptly rather than waiting.

Florida also uses comparative fault. This means fault can be divided among everyone involved. Under Fla. Stat. § 768.81, in a negligence action to which this section applies, a party found more than 50 percent at fault for his or her own harm may not recover any damages. This rule does not apply to personal injury or wrongful death actions arising out of medical negligence under chapter 766. In plain terms, if a jury finds you more than half responsible, you cannot recover.

For motor vehicle crashes, Florida also limits pain-and-suffering damages. These are payments for physical pain and emotional hardship. Under Fla. Stat. § 627.737, these damages are allowed only in certain cases. The injury must include a significant and permanent loss of an important bodily function. It can also be a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, significant and permanent scarring or disfigurement, or death.

Florida’s personal injury protection system has its own rules.

When a Delivery Crash Is Fatal: Support for Westchester Families

When a crash takes a loved one’s life, families often ask what comes next. Florida law allows a wrongful death claim. This is a claim brought by the family after a death.

Under Fla. Stat. § 768.19, when a death is caused by a wrongful act, negligence, default, or breach of contract or warranty, and the injured person would have been entitled to sue and recover damages had death not ensued, the party who would have been liable is still liable for damages.

This claim is available when the death was caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, and the person who died would have been entitled to bring an injury claim and recover damages if death had not ensued. Families often need help with several steps. These include:

• Understanding the police and medical examiner process
• Preserving evidence, which means keeping proof safe
• Deciding how to speak with insurers and companies

You do not have to answer those questions alone.

Florida law also requires a driver in a crash that results in a death to stop at the scene. Public data on fatal crashes comes from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System, known as FARS. FARS is a federal database of fatal crash records.

Talk With Igor Hernandez About Your Westchester Case

Speaking with a lawyer early can help you understand who may be responsible. It can also help you learn which deadlines apply.

Igor Hernandez is the responsible lawyer for this page. He is one of the lawyers at CHG Personal Injury Lawyers, a Florida personal injury firm serving clients throughout Florida. He is admitted to The Florida Bar.

If an Amazon van or truck left you or someone you love hurt in Westchester, reach out. You can get a free, confidential first consultation. There is no obligation to continue. Start by visiting our contact page.

CHG charges no attorney’s fees and no case costs unless there is a recovery. This matter may be referred to, or handled together with, another law firm if that becomes appropriate.

Frequently Asked Questions