Auto crashes involving Amazon vehicles are increasingly common.
In making a claim against Amazon, one of the difficult tasks is identifying the correct entities to sue. That can be especially dangerous in Virginia because if you don’t sue the correct entity within the statutory time, your claim may be time barred.
Amazon Car Accidents-The Right Defendants
The two basic entities to be sued are the Amazon entities themselves and then also the actual transport company that is making the deliveries. The transport company typically is the company that employs the driver. In Virginia, one of those transport companies is TL Transportation based in Virginia Beach.
The various Amazon entities to be sued are many in number. The names of those entities are Amazon Logistics, Inc.; Amazon.com Services LLC formerly known as Amazon.com Services, Inc.; Amazon.com, Inc.; Amazon Capital Services, Inc.; Amazon Data Services, Inc.; Amazon Development Center U.S., Inc.; Amazon Payments, Inc.; Amazon Pickup Points LLC; Amazon Retail LLC; Amazon Web Services, Inc.; Amazonfresh LLC and Prime Now LLC dba Amazon Fresh.
Pleading Allegations
As to all of these different Amazon entities, you should allege that collectively they provide e-commerce and delivery services to customers. Customers purchase products from Amazon and the Amazon affiliates through Amazon’s website and Amazon then delivers to customers using local delivery companies.
You should then allege that Amazon collectively is liable for the negligence of its delivery company and their driver because Amazon collectively exercises control over both.
Amazon Car Accidents-Control
That control is evidenced by requiring of the delivery company and the driver a detailed application process, requiring that the delivery company have no more than one owner, requiring several weeks of training as to the owners, requiring that the delivery company enter into a one-year contract. Further evidence of control is seen in the fact that Amazon negotiates special rates with the delivery companies for the purchase of their vehicles and all of the associated equipment. Amazon pays the delivery companies only by direct deposit on preordained days.
Delivery
The delivery companies and their drivers are required to follow certain rules and guidelines. The delivery company owner is required to be hands-on in terms of supervising its drivers. The drivers are required to be W-2 employees of the delivery company. Amazon oversees and controls the companies’ recruiting, hiring and retention of its drivers. Amazon requires the drivers to complete the Amazon training course. The drivers are required to use Amazon tools and technology to deliver the Amazon products. The drivers operate out of Amazon’s designated delivery stations which Amazon operates and controls. Amazon has a comprehensive operations manual that defines daily processes for the delivery company and the driver. Amazon dictates their delivery routes.
If a driver falls behind in deliveries, then the delivery company is required to notify Amazon so that Amazon personnel can manage the situation. The delivery company owner is required to meet with the drivers at the end of each day to troubleshoot any problems that may have arisen. Drivers are required to check in with their assigned Amazon account manager at regular intervals. Amazon employees are allowed to perform daily inspections of all delivery vehicles. The drivers are required to pass various screening tests of Amazon. Amazon controls the hiring and firing of all drivers.
Overall the control by Amazon is extensive and might be defined as being obsessive.
That level of control certainly is indicative of the fact that the delivery company and the driver are agents of Amazon.
The Right and Authority to Control and Direct
This is really the key to determining agency. Does the principal have the right and the authority to control and direct the means and methods of the undertaking? Wilkinson v. Palmetto State Transportation, 676 S.E.2d 700, 702 (S.C. 2009)
The right to direct the person as to time, place, degree and amount of service to be performed is critical. In addition, the relationship will typically be considered one of agency unless the only interest of the principal is in the finished product. Shatto v. McLeod Regional Medical Center, 753 S.E.2d 416, 420 (S.C. 2013)
Amazon in particular requires its drivers to download a third party app called “Mentor by eDriving”. That application assigns a score to each driver. In particular it looks as instances of distracted driving by that driver. That score can be critical to determine what that driver’s pattern is. All of that may be helpful in determining the issue of agency.
Work With an Experienced Car Accident Lawyer
Call or contact us for a free consult. Also for more info on car accidents see the Wikipedia pages. Also see the post on this site dealing with car accident issues.
