The California Herald featured Walkup's Michael A. Kelly today in an article that highlights how litigation led by Walkup, Melodia, Kelly & Schoenberger is not only helping victims and families affected by trucking crashes involving Amazon contractors—it's also driving real policy changes within Amazon's delivery network. From increased driver vetting to improved oversight at fulfillment centers, the impact of these lawsuits goes beyond compensation—it's about making our roads safer for everyone. As Kelly notes, "Our time is well spent if we can have an impact on the way a major corporation does business that makes our streets safer."
The Extra Mile—Consumer litigation against Amazon for trucking accidents helps bring broader change
By California Herald
Posted on May 19, 2025 by Greg Nelson
It's getting hard to remember a time when we had to visit a brick-and-mortar store to pick up something we needed, whether it was groceries, hardware, household goods, clothing, toys, sports equipment, or cosmetics. In a post-pandemic world, we've grown accustomed to buying everything from toothpaste to televisions, lightbulbs to lawnmowers, and luxury fashion brands online, having it delivered to our homes within days or even hours, thanks to Amazon's massive operation.
As of 2024, Amazon was the largest retailer in the U.S. and the largest delivery service, having overtaken both FedEx and UPS.
Globally, last year Amazon delivered a whopping 9 billion items to Prime members via same-day or next-day delivery. In the US, Prime members averaged 100 orders yearly, about 2 per week on average, and the company expanded same-day delivery to 140 metro areas, achieving its fastest delivery speeds yet.
Amazon aims to have everything it sells delivered to your doorstep at lightning speed. Its logistically complex model has dramatically increased the number of vehicles on our streets and highways, relying on an ever-increasing army of employees, contractors, and partnership programs to get the job done.
Amazon's current branded delivery fleet in the U.S. includes more than 40,000 semi-trucks, 30,000 vans, and 110 aircraft. In addition, the company operates 20,000 electric delivery vans and intends to have 100,000 by 2030.
Amazon's massive transportation and delivery service network includes Fulfillment Centers, Sortation Centers, Air Hubs, and Delivery Stations.
Amazon Relay – An electronic platform that connects carriers and drivers with Amazon's freight system, permitting approved trucking companies and independent drivers to:
- Browse and book available loads via a free load board
- Enter into contracts
- Post truck availability so Amazon can automatically match them with suitable loads
The platform supports various types of freight transport, including power-only, box truck, dry van, and reefer loads. It is open to large carriers, individual owner-operators, and everyone in between, providing flexibility and direct access to Amazon's growing logistics network.
When drivers hauling Relay loads get in accidents or injure people, Amazon customarily alleges that such people are independent contractors and disclaims liability. Amazon requires all Relay carriers to maintain insurance coverage of at least $1 million in auto liability and $1 million in general commercial liability per occurrence.
Victims of Relay drivers' negligence can seek compensation from the individual carrier's insurance or assets. Beyond that, victims must demonstrate control, agency, joint venture, or active negligence for tort victims to be made whole.
Amazon shares liability where Amazon is found to have exercised sufficient control over the driver's actions or if there is a legal finding of agency or joint employment.
Additional Amazon transportation providers include those participating as :
- Middle-Mile – Transportation of goods between Amazon facilities and customers.
- Delivery Service Partners (DSP) – Local delivery companies that hire their own drivers but use Amazon vehicles. Nationwide, 2,500+ DSPs handle the bulk of last-mile deliveries.
- Amazon Flex – Gig workers who drive their own vehicles to deliver Amazon goods.
These various delivery services come at a cost. The need to deliver millions of packages with Amazon's emphasis on speed can result in safety failures, inadequate oversight, and insufficient supervision in recruiting and vetting qualified delivery personnel.
Using six years of Federal Motor Carrier Safety Administration (FMCSA) data from last December, CBS News found that month-per-month, average unsafe driving rates were 89% higher among carriers who hauled for Amazon. Among contractors in the middle-mile sector, violations like speeding and texting while driving were double those of non-Amazon carriers. FMCSA data was also reported as showing that 57 people had died in more than four dozen crashes involving federally regulated carriers shipping for Amazon.
Many cases have made national news, including that of a 19-year-old Texas college student who worked the night shift at an Amazon warehouse and was killed when her car was hit by a box truck driven by an Amazon contractor with a history of traffic violations, a suspended license, outstanding felony warrants, and who later told authorities he was using a hand-held mobile device when the collision occurred.
For over 60 years, the attorneys at Walkup, Melodia, Kelly & Schoenberger have helped individuals injured by negligent truck operators, including claims against Amazon and its contractors.
The Walkup team understands the complex interplay of state and federal laws governing commercial trucking and the variety of contractual arrangements that Amazon has with its carriers. The firm also understands the organizational structure and administration of the Amazon shipping and delivery model and how it can contribute to carnage on our streets and highways.
Amazon actively controls routes, schedules, and delivery timelines; it sets quotas, rules, safety standards, and protocols for its drivers. Drivers often drive branded vans and wear Amazon uniforms; Amazon monitors operators' driving activity with cameras and receives feedback from in-vehicle technology. Despite this, and to avoid liability, the company often attempts to characterize third-party drivers and operators as entirely independent. Amazon claims it has no responsibility for contracted drivers' carelessness, negligence, fatigue, inattention, or inexperience.
The Walkup, Melodia, Kelly & Schoenberger team understands the Amazon defense playbook—and how to fight it. The firm has successfully represented many families in injury and wrongful death suits against Amazon, helping them get compensation after devastating loss.
According to Walkup Shareholder Michael A. Kelly, there is also a broader impact on the cases the firm has brought and resolved. The firm's work has helped shape policy changes to minimize situations where carriers not previously approved by Amazon have accessed delivery loads. As a result of claims prosecuted by Walkup and other law firms, Amazon has increased oversight of drivers getting loads at fulfillment centers. — to ensure that a driver picking up a load is exactly who they say they are and approved to drive for Amazon.
"It's still not perfect, but we have seen improvement," said Kelly. "It's unfortunate that it took tragedies across the country to bring change, but a benefit of such litigation has forced important safety changes."
Making our streets and highways safer is among the reasons Kelly chose his particular career path "The ability to help not just one person who was injured, or one family who lost a loved one, but to bring about systematic changes for the better is the reason I go to work each day," added Kelly.
"Our time is well spent if we can have an impact on safety legislation or the way a major corporation does business that makes our streets, products, and services safer for everyone."
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