| Read Time: 6 minutes | Truck Accidents
amazon driver hit my car

When an Amazon delivery van or Flex driver crashes into your vehicle, the situation can feel chaotic and confusing. You’re injured, your car is damaged, and you may not know who’s responsible or what your next move should be. If you’re thinking, “An Amazon driver hit my car—what now?” you are not alone.

Each year, Amazon delivery vehicles, including vans, trucks, and personal cars used in the Flex program, cause thousands of crashes nationwide. These accidents can lead to serious injuries and complex insurance issues. Because Amazon often contracts with third-party drivers, it’s not always clear who is legally responsible for paying your damages or how to file a claim properly.

On top of physical recovery, you may also be facing lost wages, rising medical bills, or emotional distress—issues Amazon is unlikely to help address. The burden often falls on victims to figure out what to do next.

At Tawney, Acosta & Chaparro P.C., our experienced New Mexico and Texas truck accident lawyers help injured people stand up to powerful delivery networks like Amazon. Here’s what you need to know about your rights, available compensation, and the steps to take if an Amazon-affiliated vehicle hits your car.

Please don’t hesitate to contact us online or call (575) 222-1000 today for a free consultation.

What to Do Immediately After an Amazon Delivery Accident

The moments after a collision with an Amazon delivery driver can feel overwhelming. Taking the proper steps right away can help protect your health, preserve evidence, and improve your chances of securing full compensation. 

Here’s what to do:

  1. Call 911. Report the crash and request medical help if needed. Always ensure a police report is filed.
  2. Gather evidence. Use your phone to take photos of all vehicles, license plates, road conditions, and injuries. Video footage can also help.
  3. Get driver information. Exchange names, contact info, driver’s license numbers, and insurance details. Ask if they work for Amazon Flex or a delivery partner.
  4. Talk to witnesses. Collect the names and phone numbers of anyone who saw the crash.
  5. Do not admit fault. Saying “I’m sorry” or similar phrases may lead others to interpret your words as accepting blame.
  6. Call your insurance company. Report the crash, but don’t give a recorded statement until you speak with a lawyer.
  7. Contact a personal injury attorney. A lawyer’s support can be crucial for helping preserve evidence, identify liable parties, and deal with Amazon’s insurers.

Quick action can make a significant difference in your case. Reach out to our team as soon as possible for a free consultation.

Who Is Liable If an Amazon Truck Hit My Car?

One of the most confusing parts of Amazon delivery accidents is figuring out who the driver actually works for. 

Amazon uses three main delivery systems:

  1. Amazon Flex drivers. These drivers use their personal vehicles to make deliveries using the Amazon Flex app, similar to Uber but for packages. They are independent contractors.
  2. Delivery Service Partner (DSP) drivers. These drivers work for local third-party companies contracted by Amazon to deliver packages in Amazon-branded vans.
  3. Amazon Freight or tractor-trailer drivers. Sometimes, large Amazon trucks or 18-wheelers deliver goods to fulfillment centers or directly to consumers. 

Each group is covered by a different type of insurance, and liability may depend on whether the driver was “on the job” at the time of the crash.

What Insurance Covers Amazon Delivery Accident Claims?

If you’re filing an injury claim after being hit by an Amazon delivery driver, the available coverage depends on how the driver was operating when the accident occurred.

Amazon Flex Accident Claims

If the driver was working for Amazon Flex at the time of the crash, Amazon provides commercial auto liability insurance for up to $1 million in damages. However, this third-party liability policy only applies while the driver is actively delivering packages (on a delivery block). If the driver was off duty when the crash happened, you may have to file a claim against their personal auto insurance.

Delivery Service Partner (DSP) Drivers

These drivers typically drive Amazon-marked vans and work full- or part-time for partner companies. 

Amazon requires DSPs to carry the following:

  • Commercial auto insurance,
  • General liability insurance, and
  • Workers’ compensation for their drivers.

However, Amazon may avoid liability by claiming the driver was not employed directly by them.

Amazon Freight or Large Truck Drivers

Delivery truck accidents involving larger Amazon vehicles and commercial truck operators often involve more serious injuries. In such cases, both the driver’s trucking company and Amazon’s logistics partners may be at fault. Federal regulations like FMCSA rules can also apply.

Deadlines to File an Amazon Delivery Accident Claim in New Mexico and Texas

After an accident involving an Amazon vehicle, it’s important to act quickly. Texas and New Mexico have strict statutes of limitations that set the legal deadlines for filing a personal injury claim. 

Texas Statute of Limitations

In Texas, you have two years to file a personal injury lawsuit from the accident date. This deadline generally applies to all injury-related claims, including those involving Amazon delivery drivers, DSPs, or Flex workers. If you miss the filing deadline, the court may permanently dismiss your case.

New Mexico Statute of Limitations

In New Mexico, the statute of limitations is three years from the date of the injury. This slightly longer window still requires prompt action to preserve evidence and strengthen your claim. Speaking to an attorney early in the process can help ensure you don’t run out of time or miss important legal requirements.

Compensation You May Recover After Being Hit by an Amazon Truck

Accidents involving delivery trucks often lead to serious injuries and significant losses. 

As the victim, you may qualify for compensation for:

  • Medical bills, such as emergency treatment, physical therapy, and surgery;
  • Lost wages and future loss of earning capacity;
  • Vehicle repair or replacement;
  • Pain and suffering;
  • Emotional distress;
  • Loss of enjoyment of life;
  • Punitive damages, in cases of extreme negligence, like driving under the influence; and
  • Wrongful death damages (if a loved one dies in the crash).

Your total compensation depends on the severity of your injuries, fault percentages, and available insurance policies.

FAQs About Amazon Delivery Vehicle Accidents

What If I Was Partially at Fault in the Accident?

You can still seek compensation in both Texas and New Mexico even if you share some blame for the crash. However, the court will reduce your final payout according to your percentage of fault. An attorney can help ensure the insurance companies don’t unfairly inflate your share of the blame to reduce your recovery.

Can I Sue Amazon Directly?

In most accident cases, Amazon argues that it is not liable because it classifies its drivers as independent contractors or employees of third-party companies. This setup makes it difficult (but not impossible) to sue Amazon directly. With the help of a lawyer, you may be able to show that Amazon exercised significant control over the driver or delivery operation, opening the door to corporate liability.

What If the Driver Fled the Scene?

Call the police immediately and report the incident as a hit-and-run. Officials will investigate using nearby cameras, witnesses, and crash scene evidence. In the meantime, your uninsured motorist coverage may help cover your injuries and property damage costs.

An Amazon Truck Hit My Car. Who Do I Call?

First, call 911 to receive emergency medical help and file a police report. Then, contact a skilled personal injury attorney to handle all communication with Amazon’s contractors, insurance representatives, and delivery network. Having legal representation from the beginning helps protect your rights and avoid your words being used against you.

Why You Need a Lawyer After an Amazon Delivery Crash

These cases involve more than just two drivers swapping insurance info. Delivery app crashes unleash a web of complex legal challenges. 

Amazon Flex accident claims, for example, rely heavily on app data, delivery block schedules, and GPS tracking to prove the driver was actively working. Without this digital evidence, Amazon’s insurance providers may argue the driver was “off the clock” and decline coverage.

Our firm knows these tactics well. With us on your side, you’re not just getting a lawyer: You’re getting a team that understands Amazon’s entire delivery ecosystem.

At Tawney, Acosta & Chaparro P.C., we don’t let corporations like Amazon bully our clients into silence. 

If you were hit by an Amazon truck, our legal team will work to:

  • Investigate the driver’s employment and delivery status,
  • Preserve crucial digital trip data,
  • Demand fair payment from all responsible parties, and
  • Take your case to court if necessary.

These steps are critical to leveling the playing field against a corporate giant with vast resources. Don’t risk facing Amazon’s legal team alone; make sure you have experienced advocates fighting for your rights.

Injured After an Amazon Driver Hit Your Car? Call Us Today

If you were injured in Texas or New Mexico and you’re wondering, “An Amazon driver hit my car—what should I do?” the answer is simple. Reach out to get the support you need to help protect your future.

Tawney, Acosta & Chaparro P.C. has years of experience handling complex Amazon delivery accident claims throughout New Mexico and Texas. We know how to cut through Amazon’s layers of legal protection and fight for what you deserve. Call (575) 222-1000 or send us an online message today for a free consultation.

Resources:

  • Texas Civil Practice & Remedies Code § 33.001, link.
  • New Mexico Statutes § 41-3A-1(B), link.

Author Photo

James Tawney

James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.

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