What You Need to Know
-
The “Liability Shield” is Broken: A recent $44.6 Million South Carolina verdict proved Amazon can be held liable for its “independent” drivers.
-
Commercial Limits: While personal car insurance in SC tops out at $25k–$50k, commercial delivery policies often start at $1 Million.
-
The “Black Box” Evidence: Delivery vans on I-26 and I-85 are tracked by GPS and telematics. We pull this data to prove the driver was speeding or fatigued.
-
Immediate Action: Do not give a recorded statement to a “claims administrator” (like Sedgwick) until we value your case.
This Was Not a “Car Accident”
If you were hit by an Amazon Prime van, a FedEx truck, or a UPS vehicle anywhere in South Carolina—from the Upstate to the Lowcountry—you are not in a standard car accident case. You are in a commercial liability dispute.
The biggest mistake SC drivers make is treating these crashes like a fender bender on Main Street. The driver who hit you might look like a regular guy in a uniform, but the insurance policy protecting him is massive—and aggressively defended.
The company’s goal is to convince you that the driver is the only one responsible, keeping their corporate billions safe. Here is how we prove them wrong.
The Amazon “DSP” Loophole (And How SC Courts Beat It)
When you see a blue Amazon Prime van in Greenville or Columbia, the driver likely does not work for Amazon. They work for a “Delivery Service Partner” (DSP)—a small, local LLC created specifically to shield Amazon from lawsuits.
-
The Trap: If you sue the driver, Amazon will say, “He isn’t our employee. We aren’t liable.” They try to limit your settlement to the small local company’s policy.
-
The Fix: A South Carolina jury recently awarded $44.6 million to a motorcyclist hit by an Amazon driver, rejecting Amazon’s claim that they weren’t responsible.
-
Our Strategy: We use the “Right to Control” argument. Amazon tracks every hard brake, sharp turn, and route deviation. If Amazon micro-managed the driver’s day, Amazon is liable for the crash.
FedEx Ground vs. FedEx Express: Know the Difference
In South Carolina, the logo on the truck determines who you can sue.
-
FedEx Express: These drivers are usually direct employees. If they hit you, FedEx Corporation is automatically on the hook.
-
FedEx Ground: These are often independent contractors. FedEx claims they are just “business partners.”
-
The Roden Law Approach: We investigate if the truck was overloaded or if the driver violated federal safety hours on long hauls down I-95 or I-85. Even independent contractors must follow safety laws. If FedEx loaded the truck improperly at the Spartanburg or West Columbia terminal, FedEx is responsible.
The “Under 10,000 Lbs” Safety Gap
Federal trucking regulations (FMCSA) force big 18-wheelers on I-26 to keep strict logbooks of their driving hours to prevent fatigue.
-
The Loophole: Most Sprinter vans (Amazon/FedEx) weigh under 10,001 lbs. This allows them to avoid many federal safety checks.
-
The Danger: Drivers often work 12+ hour shifts without the mandatory breaks required for semi-truck drivers.
-
How We Use This: We subpoena the driver’s handheld scanner logs. Even if they don’t have a truck logbook, their package scanner proves exactly how long they were working without a break. Fatigue is negligence.
Common Insurance Tactics to Watch For
After the crash, you may be contacted by a third-party administrator (TPA) like Sedgwick (often used by Amazon/FedEx).
-
They will say: “We will pay your medical bills, just send us the receipts.”
-
The Reality: They want you to close the claim before you realize you need long-term care (like physical therapy for a disc injury). Once you sign their release, you cannot come back for more money later.
Frequently Asked Questions (South Carolina)
Q: Can I sue Amazon if the driver was in a personal car (Amazon Flex)? A: Yes. Amazon Flex provides a $1 Million liability policy in South Carolina, but it only applies if the driver had the app “On” and was in the process of a delivery. We use timestamp data to prove they were “on the clock” when they hit you.
Q: What if the crash happened on I-95 or I-85? A: These are high-velocity corridors. If you were hit by a commercial truck here, the “impact forces” data from the truck’s black box is critical evidence. We deploy investigators to preserve this data before the trucking company deletes it.
Q: Who pays for my rental car? A: Commercial claims take longer to resolve than Geico/State Farm claims because the stakes are higher. Roden Law can often help you set up immediate transportation while we fight the corporate insurers.
Don’t Let Them Hide Behind a “Contractor” Shield
Commercial delivery cases in South Carolina often settle for significantly more than standard auto accidents—but only if you find the right insurance policy.
Do not accept a “nuisance value” offer. Let us analyze the driver’s employment status, the scanner data, and the corporate insurance limits.