Delivery Truck and Van Accident Lawyer

Hit by an Amazon van, FedEx or UPS truck, or another delivery driver? Delivery companies often use contractors to distance themselves from crashes. We find out who is really responsible and pursue every available insurance policy.

On this page: Who is responsible · Causes · Pedestrians and cyclists · What to do · Deadlines and fees · FAQ

Package delivery has exploded across Southern California. Branded vans, box trucks and personal vehicles making deliveries now crowd residential streets, freeways and shopping centers from Orange County to the Inland Empire. Delivery drivers often work under tight route quotas, make hundreds of stops a day, and drive in neighborhoods full of pedestrians, children and cyclists. When a delivery driver causes a crash, the most important question is often which company is legally responsible, because the delivery companies have built business models that try to push that responsibility onto smaller contractors. Smith Trial Group represents people hurt by delivery vehicles throughout Southern California.

Who Is Responsible Depends on the Delivery Model

Amazon delivery vans (Delivery Service Partners)

Many Amazon-branded vans are driven by employees of Delivery Service Partners (DSPs), independent companies that contract with Amazon. Amazon typically argues it is not the drivers’ employer. The DSP is generally responsible for its driver’s negligence, and the facts may show that Amazon itself controlled routes, delivery quotas, driver monitoring and safety practices in ways that support a claim against Amazon directly. These cases require early investigation into the contracts, insurance and telematics data.

Amazon Flex and app-based drivers

Amazon Flex and other app-based delivery drivers usually use their own cars and are treated as independent contractors. Coverage may depend on whether the driver was logged in and on an active delivery at the time of the crash, much like rideshare accidents. App records are critical.

FedEx Ground and FedEx Express

FedEx Ground deliveries are often made by drivers employed by independent service providers that contract with FedEx, while FedEx Express drivers are generally FedEx employees. Identifying which operation the truck belonged to determines who must answer for the driver’s conduct.

UPS

UPS package car drivers are generally UPS employees, so UPS is typically responsible for crashes its drivers cause while working. Seasonal drivers who use personal vehicles can raise additional coverage questions.

U.S. Postal Service

Claims against the U.S. Postal Service are governed by the Federal Tort Claims Act. Before filing suit, an injured person generally must present an administrative claim to the Postal Service within two years, and the claim must state a specific dollar amount. Mistakes in this process can bar the claim, so get advice early. Crashes involving contract mail carriers may be handled differently.

Why Delivery Vehicle Crashes Happen

• Pressure to meet route quotas and delivery windows, leading to speeding, rolling stops and distracted driving.
• Drivers looking at handheld scanners, phones or navigation screens.
• Illegal double parking, sudden stops and unsafe U-turns.
• Backing crashes in driveways, alleys and parking lots.
• Fatigue from long shifts, especially during peak season.
• Inadequate training and high driver turnover.
• Poorly maintained leased vans.

Many delivery vehicles are equipped with cameras and telematics that record speed, braking, phone use and location. That data can prove what happened, but it may be overwritten if it is not preserved quickly. We send preservation demands right away.

Pedestrians, Cyclists and Children

Because delivery vehicles spend so much time on residential streets, they are involved in a disproportionate number of crashes with pedestrians, cyclists and scooter riders. These crashes can cause brain injuries and other catastrophic harm even at low speeds.

What to Do After a Crash With a Delivery Vehicle

1. Get medical care and call the police.
2. Photograph the vehicle, including any logos, the license plate, any DOT number and the driver’s badge or uniform.
3. Write down the driver’s name and the company the driver says they work for.
4. Get witness names and phone numbers, and note nearby doorbell or security cameras.
5. Do not give recorded statements to any delivery company or insurer before speaking with a lawyer.

Deadlines and Fees

Most California personal injury claims must be filed within two years, claims against state and local public agencies generally require a government claim within six months, and Postal Service claims follow the federal process described above. We handle delivery vehicle crash cases on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation. See also company vehicle accidents and truck accidents.

Frequently Asked Questions

Can I sue Amazon if an Amazon delivery van hit me?

Possibly. Amazon usually argues that the Delivery Service Partner, not Amazon, employed the driver. The DSP is generally responsible, and depending on the facts, Amazon may also be responsible because of the control it exercised over the drivers and their routes.

Who pays if a FedEx or UPS driver causes a crash?

UPS drivers are generally UPS employees, so UPS is typically responsible. FedEx Ground drivers often work for independent service providers that contract with FedEx, so the contractor and its insurance are usually involved. The facts determine who is responsible.

What if I was hit by a mail truck?

Claims against the U.S. Postal Service fall under the Federal Tort Claims Act. You generally must file an administrative claim with a specific dollar amount within two years before you can sue. Get legal advice before filing.

What if the delivery driver was using their own car?

App-based delivery drivers usually use personal vehicles. Their personal insurance and any coverage provided by the delivery platform may apply depending on whether they were on an active delivery.

Do delivery vans have cameras?

Many do. Onboard cameras and telematics can record speed, braking and driver behavior. This evidence can be very important and should be preserved quickly.

How much does it cost to hire you?

Nothing up front. We work on contingency, and you pay no attorney’s fees unless we recover compensation.