Can I Sue an Amazon Delivery Driver in North Carolina?

If you’ve been injured by an Amazon delivery truck driver in North Carolina, you may be able to sue Amazon for the delivery driver’s negligent actions. A personal injury lawyer can help you pursue compensation for your injuries through an insurance claim or personal injury lawsuit.

People who’ve been injured in a car accident involving an Amazon truck often wonder whether they should sue the Amazon delivery driver for their injuries or sue Amazon itself. An experienced car accident lawyer can help you determine liability in your case. For instance, you may have the option of holding Amazon liable if a delivery driver hits you or the delivery driver, or you may seek compensation from both parties.

Are Amazon Delivery Drivers Amazon Employees?

Whether you should file a claim against the delivery driver or Amazon depends on whether the driver was an employee of Amazon. An employer is liable for the actions of its employees under the doctrine of “vicarious liability.” However, an employer is usually not liable for the actions of independent contractors.

Some Amazon delivery drivers are Amazon employees, others are considered independent contractors under the Amazon Flex program, and still others are employees of third-party subcontractors. Whether Amazon, the driver, or a subcontractor bears legal responsibility for the delivery truck accident is a complex matter best determined by an experienced personal injury attorney who is familiar with Amazon accidents and knows how to prove liability and pursue fair settlements in complex cases.

Does Amazon Own Their Delivery Vehicles?

Amazon owns some, but not all, of its delivery vehicles. In addition to the trucks it owns, the company uses electric delivery vans produced by its partner, Rivian. Smaller parcel delivery companies also lease Amazon delivery vehicles to make Amazon deliveries.

Meanwhile, Amazon Flex drivers use their vehicles to make deliveries. According to Labor Notes, delivery drivers face intense pressure from Amazon to make hundreds of daily deliveries. The pressure can lead to rushed deliveries, careless driving, and other negligence by drivers struggling to meet their quota. For this reason, Amazon can sometimes be liable even if they do not employ the driver or own the delivery vehicle.

How Do You Determine Who Is Liable for an Amazon Delivery Truck Accident?

Determining liability in Amazon accidents is difficult, but your personal injury lawyer can do this for you.

Factors to consider include whether:

• The driver is an Amazon employee, independent contractor, or employee of a subcontractor
• The driver was negligent
• Amazon had control over the driver’s actions
• Amazon’s hiring or supervisory practices were negligent
• Poor vehicle maintenance caused the crash if the cause of the crash is a mechanical failure.

Amazon is not always liable for the actions of independent contractors. However, the company may be liable if its policies led to the accident. For instance, if Amazon’s high delivery quotas led to reckless driving on the driver’s part, then Amazon may be liable even if the driver is an independent contractor. Your Amazon accident lawyer will know how to determine who was liable for the crash.

What Sort of Insurance Are Amazon Drivers Required to Carry?

Amazon Flex used to offer supplemental insurance coverage for drivers, but the company no longer provides this coverage. Drivers must now acquire their auto insurance.

Insurance companies offering coverage to Amazon Flex drivers include:

• VOOM Insurance
• Northbridge Insurance.

Amazon Flex drivers must carry the minimum auto insurance required by state law and may also have additional insurance.

For many years, North Carolina law required drivers to carry a minimum of $30,000 bodily injury liability coverage for one person and $60,000 for two people. However, the law has changed. Starting July 1, 2025, drivers must carry $50,000 for one person and $100,000 for total bodily injury per accident. In cases where Amazon is not liable, and you can only sue the driver, you may be limited to collecting an amount up to the policy limits of whatever insurance coverage they carry.

What Type of Settlement Could I Receive for an Amazon Delivery Truck Accident Lawsuit?

The settlement you could receive depends on several factors, including your injuries, who is liable, and how much insurance coverage they were carrying.

Damages you can seek in an Amazon delivery truck accident lawsuit include the following:

• Medical expenses, including future medical bills
• Lost wages and other income, including loss of earning capacity
• Pain and suffering
• Emotional distress.

In some cases, a court can also award punitive damages for egregious conduct by the defendant. In North Carolina, punitive damages are limited to $250,000 or three times the amount of compensatory damages, whichever is greater. This cap does not apply in drunk driving cases. So, if an intoxicated Amazon driver injures you, no cap would apply to punitive damages. However, punitive damages do not apply to vicarious liability cases unless the company directly participated in the willful, wanton, malicious, or fraudulent conduct.

Contact a North Carolina Truck Accident Lawyer

The Law Offices of John Drew Warlick, P.A., is a Jacksonville, North Carolina, personal injury law firm that has served the local community for three generations. As an established law firm, we have extensive resources to call upon and apply to your case. Don’t hesitate to contact us if you are serving in the military, as we are well-versed in the unique aspects of representing military personnel.

When you hire us to represent you in your personal injury claim, you will have individual access to your lawyer for the duration of your case. Contact us today to learn more and discuss your case in a free consultation.

Visit Our North Carolina Truck Accident Law Offices