What Obligations Do Amazon Drivers Have in Texas?
On local residential streets as well as multilane interstate highways throughout Texas, the name “Amazon” is plastered on vehicles all around us every day. Sometimes we see it on the side of mammoth tractor-trailers, while other times the label is posted on a standard-sized van or even a car. The sheer number of additional vehicles on the road leads to concerns about the potential for accidents.
So, what rules do Amazon drivers need to follow to protect the safety of others on the road? The answer varies depending on the situation, but here we provide an overview. When drivers violate the rules, and the violation leads to a collision, Amazon or other companies involved could be held liable, but their legal teams will fight fiercely to avoid accepting responsibility. Accident victims need to work with an experienced and dedicated personal injury attorney to overcome the other side’s tactics and secure recovery.
Drivers Have an Obligation to Protect More Than Just the Packages
While Amazon drivers may view their primary goal as delivering packages quickly and in good condition (and getting proof of delivery by taking a picture), their obligations go far beyond the merchandise they transport. As drivers on the roads of Texas, they have a duty to operate their vehicles safely and to follow the rules of the road. That includes obeying speed limits, signaling turns appropriately, and yielding the right-of-way to other motorists, bicyclists, and pedestrians.
Because many Amazon drivers operate specialized heavy trucks or make frequent stops, they have an obligation to take extra care to protect those around them. They need to know how to manage their equipment and to keep a vigilant watch for others. Failure to abide by these obligations can lead to liability in the event of an accident.
Specific Safety Obligations for Amazon Drivers
In addition to the traditional duty of care owed to others as drivers on public roads, Amazon drivers have additional obligations due to the nature of their jobs. Drivers and the crews they work with must ensure that all packages are loaded properly and securely. If the packages are loaded in a way that concentrates too much weight in one area, that can cause the vehicle to become unstable and difficult to handle properly in traffic. It could be prone to rollover accidents.
It is also important to ensure that the packages are secured so they do not come loose. Unsecured cargo can distract or injure the driver, potentially triggering a collision. Or packages could come out of the vehicle and cause problems for other drivers on the road.
Drivers who deliver for Amazon also need to ensure that their vehicles are properly maintained. If a truck has worn tires or brakes that are slipping, it should not be driven until the issues are fixed. If the driver is operating their own vehicle to deliver Amazon packages, they are responsible for completing maintenance tasks. If the vehicle is owned by Amazon or a delivery company, drivers should report problems to the appropriate staff, and issues should be logged in accordance with company policies and regulatory requirements.
Finally, Amazon drivers have an obligation to comply with laws governing the use of handheld devices. When trying to find a location or log a delivery, drivers need to ensure that their use of GPS or company software does not distract them from what is happening around them on the road.
Is Amazon Directly Responsible for the Actions of its Drivers?
Amazon and other companies, such as FedEx, that deliver large quantities of merchandise, take numerous legal steps to insulate themselves from liability for actions taken by drivers and other agents of the business. They often classify drivers as independent contractors rather than employees. Or they hire third-party companies referred to as Delivery Service Partners.
Companies are generally responsible for employees’ actions under the doctrine of respondeat superior. However, when someone performs work for a company but is not under that company’s control as an employee, the company is generally not held responsible for that worker’s actions. In the case of a driver who works for a separate company, the Delivery Service Partner is responsible for the actions of its driver. Drivers who are independent contractors have personal responsibility for their actions.
But many times, companies attempt to classify workers as independent contractors when the reality of their working arrangements shows they are actually employees. If a company controls the way the work must be done, that is often a significant indication that the worker should be considered an employee. An experienced attorney may be able to hold Amazon responsible on these grounds in some cases. Additionally, if the policies of Amazon have encouraged or coerced a driver to operate in an unsafe manner, leading to an accident, a skilled attorney may also be able to hold Amazon directly liable. Even if Amazon remains insulated, the dedicated insurance they provide to drivers can often provide resources for compensation.
Get Justice and Full Compensation for Your Losses if an Amazon Driver Causes an Accident
Accidents involving Amazon drivers tend to be extremely complicated due to the relationship between drivers and the company, as well as the different insurers involved. The insurance policies offered by Amazon can provide up to $1 million in coverage, which means the corporate attorneys will fight very hard to avoid liability.
For an accident victim to recover, they need to start working on protecting their legal rights as soon as possible after an accident. It is critical to secure vital evidence quickly, or it can quite literally disappear. At DeKeyzer Law, we have extensive experience obtaining full compensation for victims in truck accident cases, so we understand how to overcome the corporate legal tactics of the big shipping companies. If you or a loved one were injured in an accident, we urge you to get the best medical care you can and then to talk to a dedicated injury attorney. We offer free consultations, and it is never too soon to seek legal advice after an accident. To schedule a free consultation with us, just call 713-904-4004 or contact us online today.
