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Yes — you may sue Amazon directly for an accident involving one of its delivery trucks or vans, even if the driver technically worked for a separate company. In recent years, juries have awarded multi-million-dollar verdicts against Amazon, holding the company responsible for the negligence of its delivery drivers.
For victims in Westchester County, White Plains, Yonkers, the Bronx, Manhattan, or Queens, the process is not simple. Amazon has carefully structured its delivery network to avoid direct liability. However, with the right legal strategy and experienced trial counsel, you may be able to hold them accountable.
🚛 The “Independent Contractor” Shield in New York
Amazon operates its Delivery Service Partner (DSP) program, contracting with small third-party companies that hire and manage drivers. Amazon claims this means the drivers are independent contractors, not employees — and therefore Amazon shouldn’t be held liable when accidents occur on I-87, I-95, the Cross Bronx Expressway, or the Hutchinson River Parkway.
This defense often forces victims to pursue claims against small delivery companies with limited insurance — which rarely covers the cost of serious injuries.
🔑 Cracks in Amazon’s Legal Shield
Courts are increasingly skeptical of Amazon’s argument. Why? Because Amazon controls nearly every aspect of its delivery drivers’ work, even in New York. Examples include:
- Mandatory Technology: Drivers must use Amazon’s “Rabbit” device, which dictates routes, tracks speed, and monitors performance.
- Surveillance: Many vans in Westchester and NYC have AI-powered cameras that track drivers’ movements, fatigue, and distractions.
- Strict Quotas: Amazon pressures drivers to deliver 250–400 packages a day, leading to rushing, fatigue, and unsafe driving on local roads.
- Branding & Control: Drivers wear Amazon uniforms and drive Amazon-branded vans, creating the impression they are Amazon employees.
This heavy-handed control supports a claim for vicarious liability, meaning Amazon can be held responsible just like an employer.
⚖️ Two Legal Strategies to Hold Amazon Accountable
At the Law Offices of Norman Gershon, we explore two legal paths in every Amazon delivery crash case:
1. Vicarious Liability (Employer-Employee Relationship)
If Amazon effectively acts as the employer, we argue under New York respondent superior law that the company must answer for its drivers’ negligence.
📍 Example: In 2024, a Georgia jury found Amazon 85% responsible for a crash and awarded $16.2 million to a family — reasoning that Amazon’s control over the driver made it liable.
2. Direct Negligence (Negligent Hiring or Retention)
Even if the driver is an “independent contractor,” Amazon may still be liable if it knowingly hired unsafe DSPs or ignored repeated safety violations.
📍 Example: In lawsuits across the country, victims have alleged Amazon ignored red flags about reckless drivers and unsafe contractors, leading to catastrophic crashes on major highways.
📝 Building a Strong Case in Westchester & NYC
Our firm demands evidence that connects Amazon to the driver’s negligence, including:
- Driver records, training history, and employment files.
- DSP company safety and insurance records.
- Amazon’s contracts, internal communications, and performance metrics.
- Data from the “Rabbit” scanner and van telematics.
- In-vehicle camera footage.
- Accident reconstruction reports — especially important in crashes on high-speed roads like the Major Deegan Expressway, Bronx River Parkway, and Saw Mill Parkway.
💰 What Compensation May Cover
If you’ve been hit by an Amazon delivery van in Westchester or the NYC metro, compensation may include:
- All past and future medical expenses.
- Lost wages and reduced future earning capacity.
- Property damage (your car and belongings).
- Pain and suffering, emotional distress, and loss of enjoyment of life.
- Scarring or permanent disability.
❓ FAQs About Amazon Delivery Crashes in New York
What should I do if Amazon’s insurance contacts me?
Don’t give a statement or sign anything before speaking with a lawyer. Their adjusters want to minimize your claim.
How long do I have to file in New York?
Most personal injury claims in New York must be filed within three years of the accident, but complex cases against Amazon require immediate investigation.
What if the Amazon driver was using their own car (Amazon Flex)?
Amazon Flex drivers using personal vehicles can still trigger liability if they were logged into the app and making deliveries at the time of the crash.
🛑 Securing Accountability After an Amazon Accident
Amazon’s delivery model was designed to protect its bottom line, not New York drivers. If you or a loved one was injured in a crash with an Amazon truck or van in Westchester, the Bronx, Queens, Manhattan, or beyond, you deserve answers and compensation.
At the Law Offices of Norman Gershon, we bring over 35 years of courtroom success to fight corporations like Amazon. Our mission is to uncover the truth, prove liability, and secure maximum compensation for your injuries.
📞 Call us today for a free consultation. Let us put our trial experience to work for you.
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