Can I sue Amazon after a crash with an Amazon delivery van?

Possibly, but it depends on the facts. Amazon says Delivery Service Partner drivers are employed by those partners, not by Amazon. Whether Amazon itself can be responsible turns on evidence such as its contracts, who owned or controlled the van, and how the work was directed.

The van had an Amazon logo. Does that mean Amazon owns it?

Not necessarily. Amazon says its Delivery Service Partners provide access to the Amazon-branded vans their drivers use. The registration and police report show the registered owner, which matters because Vehicle and Traffic Law 388 makes an owner liable for the negligence of a permitted driver.

Are Amazon delivery vans covered by federal trucking rules?

Only some of them. The federal rules cover a vehicle used in interstate commerce with a weight rating, or actual weight, of 10,001 pounds or more. A lighter van, or a purely local trip, may fall outside them, but New York traffic law applies either way.

Who pays my medical bills after a crash with a delivery van?

New York no-fault insurance pays certain medical bills and lost earnings regardless of fault, up to $50,000 in basic economic loss per person. Drivers usually claim through their own auto insurer, while pedestrians and cyclists often claim through the delivery vehicle's insurer. Give written notice within 30 days of the accident.

What if the delivery van was a rental?

The Graves Amendment (49 U.S.C. 30106) generally protects a company in the business of renting or leasing vehicles from liability based only on ownership. It does not protect a company that was itself negligent, and the driver and the driver's employer can still be responsible.

Delivery vehicle crashes

Amazon Truck and Van Accidents in New York: Who May Be Responsible

Q: How long do I have to file a lawsuit?

The general deadline is three years under CPLR 214(5). Wrongful death claims and claims against public entities have shorter deadlines.

An Amazon logo on the van does not settle who is responsible. The driver's employer, the vehicle's owner, a leasing company and Amazon can each matter, and the vehicle's size decides whether federal trucking rules apply.

By Michael A. Licatesi · Published June 2, 2025 · Updated October 11, 2026

(516) 227-2662

Box trucks, a white van and passenger cars traveling on the Staten Island Expressway, seen from an overpass.

The short answer

Amazon says drivers for its Delivery Service Partners are employed by those partners, not Amazon, even though they drive Amazon-branded vehicles. Who is legally responsible depends on the facts, not the logo.
New York makes a vehicle's owner liable for the negligence of a driver using it with permission. A federal law limits that rule for rental and leasing companies that were not negligent themselves.
Federal trucking rules apply to vehicles used in interstate commerce that are rated or weigh 10,001 pounds or more. Not every delivery van meets that test.
Your first steps: give no-fault notice within 30 days and ask early for driver, vehicle and camera records.

This is general information about New York law, not legal advice about your crash.

How Amazon describes its delivery network

Amazon delivers through more than one arrangement, and the one involved in your crash shapes the investigation. The points below are Amazon's own descriptions from its websites, not court findings.

Delivery Service Partners. Amazon's hiring page says Amazon contracts with Delivery Service Partners (DSPs) to obtain delivery services and that each DSP is an independent third-party business. It says DSP drivers are employed by individual DSPs, not Amazon, that they drive an Amazon-branded vehicle, and that a DSP will provide access to a delivery van or truck, gas and insurance.
Amazon Flex. Amazon's Flex FAQ says Flex drivers use their own vehicles and describes them as independent contractors.
In-vehicle cameras. Amazon says all Amazon-branded vehicles are equipped with in-vehicle camera safety technology. If that applies to the van in your crash, the footage may be important evidence.

A white box truck, a white van and cars traveling on the Long Island Expressway beneath an elevated roadway near the 48th Street overpass in Queens.

A company's description of its business model is a starting point, not the end of the analysis. Contracts, vehicle records and how the work was actually directed can matter too.

Who may be responsible after an Amazon delivery crash

One delivery crash can involve several people and companies. The table shows who is commonly examined and the records that answer the question.

The driver
Why they may matter Careless driving such as speeding, distraction, an unsafe turn, or backing up without looking.
What evidence shows it Police report, witness statements, scene photos and video, phone records if distraction is alleged.
The Delivery Service Partner or other employer
Why they may matter Amazon says the DSP employs the driver and provides access to the van and insurance. That makes the DSP's identity and its insurer key facts to pin down.
What evidence shows it Company name on the van or uniform, the police report, employment, dispatch and training records.
The registered owner of the vehicle
Why they may matter Under Vehicle and Traffic Law 388, an owner is liable for injuries caused by the negligence of anyone using the vehicle with the owner's permission.
What evidence shows it Plate number, DMV registration, the owner listed on the police report, insurance information.
A rental or leasing company
Why they may matter The Graves Amendment generally bars liability based only on ownership for companies in the business of renting or leasing vehicles, unless the company itself was negligent or committed a crime.
What evidence shows it Rental or lease agreement, maintenance and inspection records, prior defect complaints.
Amazon
Why they may matter Amazon describes DSPs as independent businesses. Whether Amazon can still be responsible depends on facts such as its contracts, vehicle ownership and control over the work.
What evidence shows it Contracts, routing and delivery records, ownership and lease records, camera footage.
Other drivers, repair shops or parts makers
Why they may matter Another motorist may share fault, and a bad brake repair or defective part can contribute to a crash.
What evidence shows it Repair invoices, inspection reports, recall notices, the vehicle itself.

Possible responsible parties in an Amazon delivery crash in New York. Every case depends on its facts.
Party	Why they may matter	What evidence shows it
The driver	Careless driving such as speeding, distraction, an unsafe turn, or backing up without looking.	Police report, witness statements, scene photos and video, phone records if distraction is alleged.
The Delivery Service Partner or other employer	Amazon says the DSP employs the driver and provides access to the van and insurance. That makes the DSP's identity and its insurer key facts to pin down.	Company name on the van or uniform, the police report, employment, dispatch and training records.
The registered owner of the vehicle	Under Vehicle and Traffic Law 388, an owner is liable for injuries caused by the negligence of anyone using the vehicle with the owner's permission.	Plate number, DMV registration, the owner listed on the police report, insurance information.
A rental or leasing company	The Graves Amendment generally bars liability based only on ownership for companies in the business of renting or leasing vehicles, unless the company itself was negligent or committed a crime.	Rental or lease agreement, maintenance and inspection records, prior defect complaints.
Amazon	Amazon describes DSPs as independent businesses. Whether Amazon can still be responsible depends on facts such as its contracts, vehicle ownership and control over the work.	Contracts, routing and delivery records, ownership and lease records, camera footage.
Other drivers, repair shops or parts makers	Another motorist may share fault, and a bad brake repair or defective part can contribute to a crash.	Repair invoices, inspection reports, recall notices, the vehicle itself.

The firm's trucking accident practice page explains how commercial vehicle claims are handled, including crashes in Queens and Brooklyn.

Vehicle size decides whether federal trucking rules apply

Federal Motor Carrier Safety Regulations do not cover every vehicle with a company logo. The federal definition of a commercial motor vehicle (49 CFR 390.5T) covers a vehicle used on a highway in interstate commerce to carry property when its gross vehicle weight rating, gross combination weight rating, or actual weight is 10,001 pounds or more. Separate tests cover passenger and hazardous-materials vehicles.

So two facts matter: the manufacturer's weight rating for the vehicle, and whether the trip was part of interstate commerce. The federal definition of interstate commerce includes some trips between two places in New York when the goods started or will end outside the state.

When the rules apply, a property-carrying driver generally may drive no more than 11 hours, only after 10 consecutive hours off duty, and not after the 14th hour on duty (49 CFR 395.3). Local drivers may qualify for a short-haul exception: a driver who stays within 150 air-miles of the work reporting location and returns within the allowed hours may skip the logbook, but the carrier must keep time records for 6 months (49 CFR 395.1(e)).

If a van is under the weight threshold, or the trip was purely local, the federal safety rules described here may not apply (49 CFR 390.3T). New York traffic law and ordinary negligence rules still do.

Step 1

Step 1: Identify the vehicle, the driver and the company

Delivery vans often look alike, so specific details matter more than the logo.

Photograph the plate, any company name or USDOT number on the doors, and the vehicle from every side.
Get the driver's name, license and the name of the company they work for. Ask whether they drive for a Delivery Service Partner or through Amazon Flex.
Write down the time, the exact location, and any package labels or route details you can see.
Call the police and get the report number. Note nearby cameras, doorbell cameras and witnesses.
Get medical care promptly and keep every record, bill and work note.

Step 2

Step 2: Give no-fault notice within 30 days

New York no-fault insurance pays certain medical bills and lost earnings regardless of fault, up to $50,000 in basic economic loss per person (Insurance Law 5102). Written notice must generally reach the insurer within 30 days of the accident (11 NYCRR 65-1.1).

If you were in your own car, the claim usually goes to your own auto insurer. If you were walking or riding a bike, the law requires the vehicle owner's policy to cover people other than occupants of another motor vehicle or a motorcycle (Insurance Law 5103), so the claim often goes to the delivery vehicle's insurer. Our no-fault guide explains the difference between no-fault benefits and a bodily injury claim, and the firm handles pedestrian and bicycle cases.

Step 3

Step 3: Ask for the records before they are gone

Commercial records are not kept forever. Federal retention periods apply only to carriers covered by those rules, and many records have no fixed period at all, so an early written preservation request can help.

In-vehicle and dashcam video
Who usually has it The DSP or Amazon, depending on the system
Minimum retention rule No federal retention period identified. Request it immediately.
Hours-of-service logs or short-haul time records
Who usually has it The motor carrier that employs the driver
Minimum retention rule At least 6 months when the federal rules apply (49 CFR 395.8(k); 395.1(e)).
Inspection, repair and maintenance records
Who usually has it The motor carrier, where the vehicle is housed or maintained
Minimum retention rule 1 year, and 6 months after the vehicle leaves the carrier's control (49 CFR 396.3).
Accident register
Who usually has it The motor carrier
Minimum retention rule 3 years after each accident (49 CFR 390.15).
Route, stop and delivery-scan data
Who usually has it The DSP and Amazon
Minimum retention rule No federal retention period identified. Request it early.
Rental or lease agreement
Who usually has it The owner, the leasing company or the DSP
Minimum retention rule No federal retention period identified. Request it early.

Records that often matter in a delivery-vehicle crash and how long rules require them to be kept
Record	Who usually has it	Minimum retention rule
In-vehicle and dashcam video	The DSP or Amazon, depending on the system	No federal retention period identified. Request it immediately.
Hours-of-service logs or short-haul time records	The motor carrier that employs the driver	At least 6 months when the federal rules apply (49 CFR 395.8(k); 395.1(e)).
Inspection, repair and maintenance records	The motor carrier, where the vehicle is housed or maintained	1 year, and 6 months after the vehicle leaves the carrier's control (49 CFR 396.3).
Accident register	The motor carrier	3 years after each accident (49 CFR 390.15).
Route, stop and delivery-scan data	The DSP and Amazon	No federal retention period identified. Request it early.
Rental or lease agreement	The owner, the leasing company or the DSP	No federal retention period identified. Request it early.

Step 4

Step 4: Know the rules for a lawsuit

To recover for pain and suffering after a New York motor vehicle crash, an injured person generally must show a serious injury as defined in Insurance Law 5102(d), such as a fracture, significant disfigurement, or a permanent or significant limitation of use of a body function or system. For actions commenced on or after May 26, 2026, the former 90/180-day category was removed from that definition (DFS Circular Letter No. 3 (2026)).

The general deadline to start a personal injury lawsuit is three years (CPLR 214(5)). Wrongful death claims and claims against public entities have shorter deadlines.

Fault matters too. New York generally reduces compensation by the injured person's share of fault (CPLR 1411). But in a personal injury action subject to the no-fault law and commenced on or after May 26, 2026, a claimant whose fault is greater than that of the party or parties being sued cannot recover. Our comparative negligence guide explains the change.

If the driver was using a personal car (Amazon Flex)

Amazon Flex drivers deliver in their own vehicles, and Amazon calls them independent contractors. Amazon's Flex FAQ says it provides Flex drivers with commercial auto insurance in states other than New York, and that due to local regulations, this insurance does not apply to drivers in New York.

So after a New York crash with a Flex driver, the available liability coverage may depend on the driver's own auto policy and any commercial coverage the driver bought. Your own uninsured or underinsured motorist coverage may also matter if the driver's coverage is low. Our Lyft accident guide covers similar questions for app-based drivers.

Published results involving trucks and vans

$350,000
$350,000 Federal Case Result — Truck Rear-End Collision
A 40-year-old woman was rear-ended by a truck while properly restrained. She suffered serious injuries, including an annular tear in her neck, back injuries requiring ablation and multiple injections, and injuries to her right shoulder, knee requiring surgery, hand, and elbow.
$750,000
$750,000 Settlement — MTA Van Collision
An MTA van struck our client's vehicle, causing a neck injury. The matter ultimately settled for $750,000.

Exact descriptions from the firm's verdicts and settlements archive. Neither case involved Amazon. Prior results do not guarantee a similar outcome.

Questions about Amazon delivery crashes

Sources

Statutes and regulations were checked on October 11, 2026. Amazon's descriptions of its programs are quoted or paraphrased from its own websites and are not legal findings.

Hit by a delivery van or truck?

Tell us what happened and what you know about the vehicle. We can help identify the companies and insurers involved and the records worth requesting. The consultation is free. Call (516) 227-2662.