Whether you’re a manufacturer or consumer, you trust delivery trucks to do their job. But delivery truck accidents involving UPS, FedEx, and Amazon vehicles have grown as e-commerce has expanded. According to the Federal Motor Carrier Safety Administration (FMCSA), commercial vehicle crashes cause thousands of injuries each year.
After a collision with a delivery truck, you have options. These cases involve complex liability questions, including whether the driver is an employee or an independent contractor.
How UPS, FedEx, and Amazon Delivery Trucks are Different
Each major delivery company uses a different business model. The business model affects who can be held liable in a crash.
UPS
Most UPS drivers are direct employees. UPS is directly liable for injuries caused by its employee drivers under the legal rule of respondeat superior. This means that employers are responsible for their employees’ actions on the job.
FedEx
FedEx uses a mixed model, whether FedEx Express or FedEx Ground.
- FedEx Express uses employee drivers. This means FedEx Express is directly liable for its employees’ actions.
- FedEx Ground uses independent contractors called “Independent Service Providers.” Liability may fall on the contractor company, but FedEx Ground itself may also share liability in some cases.
Amazon
Amazon uses two contractor models: Delivery Service Partners (DSPs) and Amazon Flex.
- Delivery Service Partners (DSPs) are separate companies that operate branded Amazon vehicles under contract. Amazon claims it is not liable for accidents involving DSP drivers. However, courts have increasingly held Amazon responsible under legal theories like agency and control.
- Amazon Flex relies on gig workers who use their own vehicles to make deliveries. Liability depends on the circumstances of the crash.
The status of a delivery driver affects who you can sue and what insurance policies may apply. Our commercial vehicle accident team investigates the employment relationship in every delivery case.
Who is Liable in a Delivery Truck Accident?
Multiple parties may be liable when a delivery driver causes a crash.
| Party | When They May Be Liable |
|---|---|
| The driver | Fatigue, distraction, speeding, running red lights, or other negligent driving |
| The delivery company (UPS, FedEx Express) | For employee driver negligence under respondeat superior |
| Contractor company (FedEx Ground ISP, Amazon DSP) | For contractor driver negligence |
| Parent company (Amazon, FedEx Ground) | Under agency, apparent agency, or control-based theories |
| Vehicle owner | Poor maintenance or an unsafe vehicle |
| Vehicle manufacturer | Defective brakes, tires, or safety systems |
| Other drivers | If another vehicle caused or contributed to the crash |
Navigating Federal Regulations
When a commercial vehicle carries over 10,000 pounds, it’s subject to Federal Motor Carrier Safety Administration rules. These regulations include driver hours, licensing, and maintenance. Many delivery vans fall below this weight. However, state commercial vehicle rules and company safety policies still apply.
Are you interested in learning more about how these claims differ from an ordinary car accident case? See our article on how personal and commercial vehicle accident claims differ.
What You Should Do After Being Hit by a Delivery Truck
After a collision, like an Amazon delivery accident, you may be overwhelmed. But you can protect your claim as soon as the accident occurs. The steps you take right after being hit by a delivery driver affect your case.
- Get medical care, even if you feel fine. Some injuries appear hours or days after a crash.
- Call the police and file a police report. You need the report number for your records.
- Get the driver’s information. Collect the driver’s name, license number, vehicle number, and delivery company. Take photos of the delivery truck’s markings, license plate, and any company logos.
- Document the scene. Take photos of both vehicles, road conditions, traffic signals, damage, and your injuries. Get contact information from witnesses.
- Report the accident to the delivery company. UPS, FedEx, and Amazon have specific accident reporting procedures. Reporting creates a record.
- Do not accept a quick settlement. Delivery companies and their insurers often offer fast, low settlements. Do not accept before understanding your injuries and their long-term costs.
- Contact an attorney. These cases are complex. Multiple companies, insurance policies, and legal theories may apply.
Delivery companies typically have large insurance policies. They can be as much as $1 million or more. But quick settlements can leave you uncompensated.
What Damages You Can Recover in a Delivery Truck Accident
Delivery crash victims can recover several types of damages. Whether a FedEx delivery truck crash, or an Amazon delivery accident, you deserve justice.
| Damage Type | What It Covers | Examples |
|---|---|---|
| Economic damages | Real, out-of-pocket losses | Medical expenses (past and future) Lost wages and lost earning capacity Rehabilitation and therapy costs Property damage to your vehicle Home modifications for disabilities |
| Non-economic damages | Losses without a clear dollar value | Pain and suffering Emotional distress Loss of enjoyment of life Permanent scarring or disfigurement |
| Punitive damages | Penalties for gross negligence, drunk driving, or extreme misconduct | Delivery company knowledge of dangerous driver behavior can support punitive claims |
| Wrongful death damages | Recoverable by family members after a fatal delivery truck crash | Funeral costs Lost financial support Loss of companionship |
Delivery companies typically carry large commercial insurance policies. Amazon DSPs and FedEx Ground contractors also carry substantial policies. Multiple layered policies often apply to a single crash.
Common Questions About Delivery Vehicle Crashes
Who is liable in a delivery truck accident involving Amazon?
Liability depends on the delivery model. For example, Amazon Delivery Service Partners (DSPs) are separate companies. Amazon claims it is not directly liable for DSP drivers.
However, courts increasingly find Amazon liable under agency, apparent agency, and control theories. Amazon Flex accidents involve gig workers and depend on the specific circumstances.
Can I sue UPS after a UPS truck crash?
Yes. Most UPS drivers are direct employees, and UPS is liable for their negligence under respondeat superior. UPS carries large commercial insurance policies, which typically provide substantial coverage for injured victims.
Is FedEx liable for its drivers’ accidents?
It depends on the situation. FedEx Express uses employee drivers, so FedEx Express is often directly liable. FedEx Ground uses independent contractors called Independent Service Providers, so the contractor company is directly liable. But FedEx Ground may also share liability under certain legal theories.
What insurance covers a delivery truck accident?
Commercial policies for the delivery company or contractor often provide coverage. These are typically $1 million or more. The driver’s personal auto policy may also apply. Multiple layered policies can apply to a single crash, especially for Amazon and FedEx Ground cases.
How long do I have to file a claim after being hit by a delivery driver?
Personal injury claim deadlines vary by state. Missing the deadline usually bars the claim entirely. Delivery companies also have specific internal reporting procedures with shorter deadlines. An attorney can identify all applicable deadlines.
What if a delivery driver hit me while I was a pedestrian?
Even when hit by delivery vehicles, pedestrians have the same rights as any other injured victim. Delivery drivers must yield to pedestrians in crosswalks and follow all traffic laws. Companies may be liable if driver quotas or scheduling pressure contributed to the crash.
Should I accept a settlement offer from a delivery company?
Not without an attorney’s review. Delivery companies often make fast, low settlement offers before you know the full extent of your injuries. Once you accept, you cannot go back for more later. An attorney can evaluate whether the offer covers your actual losses.
Trust Alexander Shunnarah Trial Attorneys Today
Delivery driver injury cases involve complex business models, multiple insurance policies, and aggressive corporate defense teams. Our trial team handles UPS, FedEx, Amazon, and other commercial vehicle cases nationwide. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-07-02.
