“ProPublica’s investigation found Amazon escapes responsibility for its role in deaths and serious injuries even though the company keeps a tight grip on how third-party delivery drivers do their jobs”

“WHEN SHE ADDED GABRIELLE’S NAME to the chart in her kitchen, Judy Kennedy could picture the annual ritual. At birthdays she would ask her newest grandchild to stand up straight, heels against the door frame, so she could mark Gabrielle’s height beside that of her other granddaughter in the Maine house the family has lived in since the 1800s. But there are no lines for Gabrielle.

“In January, the 9-month-old was killed when a driver delivering Amazon.com packages crashed a 26-foot rented box truck into the back of her mother’s Jeep. The baby was strapped into a car seat in the back. The delivery driver, a subcontractor ferrying pallets of Amazon boxes from suburban Boston to five locations in Maine, said in an interview that he was running late and failed to spot the Jeep in time to avoid the crash. If Gabrielle’s parents, who have hired lawyers, try to hold Amazon accountable, they will confront a company that shields itself from liability for accidents involving the drivers who deliver its billions of packages a year.

“In its relentless push for e-commerce dominance, Amazon has built a huge logistics operation in recent years to get more goods to customers’ homes in less and less time. As it moves to reduce its reliance on legacy carriers like United Parcel Service, the retailer has created a network of contractors across the country that allows the company to expand and shrink the delivery force as needed, while avoiding the costs of taking on permanent employees.

“But Amazon’s promise of speedy delivery has come at a price, one largely hidden from public view. An investigation by ProPublica identified more than 60 accidents since June 2015 involving Amazon delivery contractors that resulted in serious injuries, including 10 deaths. That tally is most likely a fraction of the accidents that have occurred: Many people don’t sue, and those who do can’t always tell when Amazon is involved, court records, police reports and news accounts show.

“Even as Amazon argues that it bears no legal responsibility for the human toll, it maintains a tight grip on how the delivery drivers do their jobs. Their paychecks are signed by hundreds of companies, but often Amazon directs, through an app, the order of the deliveries and the route to each destination. Amazon software tracks drivers’ progress, and a dispatcher in an Amazon warehouse can call them if they fall behind schedule. Amazon requires that 999 out of 1,000 deliveries arrive on time, according to work orders obtained from contractors with drivers in eight states.

“Amazon has repeatedly said in court that it is not responsible for the actions of its contractors, citing agreements that require them, as one puts it, to ‘defend, indemnify and hold harmless Amazon.’ Just last week, an operations manager for Amazon testified in Chicago that it signs such agreements with all its ‘delivery service partners,’ who assume the liability and the responsibility for legal costs. The agreements cover ‘all loss or damage to personal property or bodily harm including death.’

“Amazon vigilantly enforces the terms of those agreements. In New Jersey, when a contractor’s insurer failed to pay Amazon’s legal bills in a suit brought by a physician injured in a crash, Amazon sued to force the insurer to pick up the tab. In California, the company sued contractors, telling courts that any damages arising from crashes there should be billed to the delivery companies…

“Amazon, the world’s largest retailer, is famously secretive about details of its operations, including the scale of its delivery network. In many of the accidents involving its contractors, drivers were using cars, trucks and cargo vans that bore no hint of Amazon’s corporate logo. The truck involved in Gabrielle Kennedy’s death, for example, was marked only Penske Truck Rental.

“Amazon declined to answer questions about the demands it places on drivers, the anonymity of delivery vehicles or any requirement that these contractors indemnify Amazon. The company said that even one serious incident was too many, but would not disclose how many people had been killed or seriously injured by drivers shuttling Amazon packages from warehouses to customers’ homes — the final leg of the journey, which the company calls the last mile…”

 
For the entire article, The Deadly Race: How Amazon Hooked America on Fast Delivery While Avoiding Responsibility for Crashes by Patricia Callahan (September 5, 2019), click here.

ProPublica is a nonprofit newsroom that investigates abuses of power. This story was co-published with The New York Times.