When a delivery truck causes an accident, more than one party may be responsible for the resulting injuries and damages. Depending on the circumstances, liability could fall on the delivery driver, the driver’s employer, a third-party delivery contractor, the company responsible for maintaining the vehicle or another business involved in the delivery operation. Determining responsibility can become especially complicated when companies use independent contractors or local delivery partners. If you were injured in a crash involving an Amazon, UPS, FedEx or other delivery vehicle, investigating the driver’s actions, employment relationship, vehicle condition and company policies can help identify every potentially responsible party.
Why Delivery Truck Accident Claims Can Be Complicated
Delivery vehicles are a regular sight on highways, city streets, residential neighborhoods and parking lots. From large national carriers to local delivery businesses and independent contractors, drivers are responsible for getting packages to customers safely while sharing the road with motorists, bicyclists and pedestrians.
When one of these vehicles is involved in an accident, determining who is responsible may be more complicated than in a typical collision between two passenger vehicles.
The name or logo displayed on a delivery vehicle does not necessarily identify the driver’s actual employer. Some companies employ drivers directly, while others contract with separate businesses that hire and manage drivers. A contractor may own or lease the vehicle, while another company determines routes, delivery expectations or operating procedures.
Because of these different arrangements, a delivery truck accident may require an investigation into several individuals and businesses before liability can be determined.
The Delivery Driver
The actions of the driver are often one of the first areas investigated after a delivery vehicle accident.
Like every motorist, delivery drivers have a responsibility to operate their vehicles safely and follow traffic laws. A driver may potentially be considered negligent if their actions contributed to a collision.
Examples of potentially dangerous driving behavior can include:
- Speeding or driving too fast for conditions
- Following another vehicle too closely
- Running a red light or stop sign
- Making an unsafe lane change
- Driving while distracted
- Failing to yield to pedestrians or bicyclists
- Backing without checking for vehicles or people
- Driving while fatigued
- Using a phone or delivery device while driving
Delivery drivers frequently travel through residential neighborhoods and make repeated stops throughout their shifts. They may need to pull into driveways, park along busy streets or back out of locations with limited visibility. A moment of inattention during any of these maneuvers can cause a serious collision.
However, driver negligence does not necessarily mean the driver is the only potentially responsible party.
The Driver’s Employer
If a delivery driver is an employee and causes an accident while performing job duties, the employer may potentially be responsible under principles of vicarious liability.
Employers may also face questions about their own conduct. For example, an investigation could examine whether a company properly screened, trained and supervised its drivers.
Depending on the circumstances, potential issues could include:
- Hiring a driver with a history of unsafe driving
- Failing to provide adequate safety training
- Failing to discipline drivers for known safety violations
- Encouraging unsafe driving practices
- Allowing an unqualified driver to operate a delivery vehicle
- Failing to properly supervise drivers
Whether an employer is legally responsible depends on the facts of the crash and applicable state law. The driver's relationship with the business can become particularly important when contractors are involved.
Independent Contractors and Third-Party Delivery Companies
One of the biggest challenges in some delivery truck accident cases is determining who actually employs or controls the driver.
Modern delivery networks can involve several layers of businesses. A major retailer or shipping company may contract with another business to complete deliveries. That contractor may then hire the individual drivers who deliver packages.
Amazon, for example, uses independent Delivery Service Partners as part of its delivery network. Other delivery operations may use contractors, service providers or locally owned businesses. The structure can vary considerably from one delivery network to another.
A company may argue that it should not be responsible for a driver's negligence because the driver worked for a separate contractor. However, describing someone as an independent contractor does not necessarily end the legal analysis.
Factors such as who controlled the driver's work, established procedures, assigned routes, monitored performance or imposed delivery requirements may become relevant when determining responsibility. Employment and contractor relationships can therefore be an important part of investigating a delivery accident claim.
Amazon, UPS, FedEx and Other Delivery Operations
It is important not to assume that every delivery company operates under the same employment structure.
A driver delivering packages for Amazon may work for a Delivery Service Partner or through another delivery arrangement. FedEx's network can also involve different employment and contractor relationships depending on the particular operation. UPS and local delivery companies may have different structures as well.
Even drivers delivering packages bearing the same company's name may not necessarily have identical employment arrangements.
For an injured person, that means the logo on the truck should be viewed as the beginning of the investigation — not necessarily the final answer about who is responsible.
Attorneys investigating a delivery truck accident may need to determine who employed the driver, who owned or leased the vehicle, who insured it, who controlled the route and who established the policies governing the driver's work.
Delivery Pressure and Company Policies
Delivery work can involve demanding schedules, high package volumes and expectations about when deliveries should be completed. When investigating a serious accident, it may be important to determine whether these expectations contributed to unsafe driving.
For example, investigators may examine whether a driver felt pressure to complete a large number of deliveries within a limited amount of time.
Depending on the circumstances, delivery pressure could potentially contribute to behaviors such as speeding, rushing through intersections, taking insufficient breaks or making hurried stops and starts.
Company policies may therefore become relevant evidence. Route information, schedules, performance records, electronic communications and other company records could provide insight into the conditions surrounding the crash.
The existence of a delivery deadline does not excuse unsafe driving. Companies and drivers must prioritize public safety while operating vehicles on public roads.
Vehicle Owners and Maintenance Providers
Not every delivery truck accident is caused solely by driver error.
Delivery vehicles can accumulate significant mileage and may be driven for many hours each day. Regular inspections and maintenance can therefore be critical to keeping them safe.
Mechanical problems involving brakes, tires, steering systems, lights or other components could contribute to a crash. If improper maintenance played a role, the company or individual responsible for maintaining the vehicle may potentially share responsibility.
For example, an investigation may consider:
- Who owned the delivery vehicle?
- Who was responsible for inspections?
- When was the vehicle last serviced?
- Were previous mechanical problems reported?
- Were necessary repairs completed?
- Did a maintenance provider perform repairs incorrectly?
Maintenance records can become important evidence when a mechanical failure is suspected. In some commercial truck accidents, responsibility may extend beyond the driver and employer to the vehicle owner or maintenance provider.
Other Parties Could Also Share Responsibility
Delivery truck accidents do not always involve only the driver and delivery company.
Depending on how the collision occurred, additional individuals or businesses could potentially be involved. A defective vehicle component, improperly performed repair or another negligent driver could contribute to an accident.
Determining liability therefore requires looking at the entire sequence of events rather than automatically blaming the most obvious party.
In some cases, multiple parties may share responsibility for the same accident.
Evidence Can Be Critical After a Delivery Truck Accident
Identifying all potentially responsible parties often depends on collecting evidence as soon as possible after a crash.
Some evidence can disappear quickly. Delivery vehicles may be repaired, surveillance footage can be overwritten and electronic information may not be stored indefinitely.
Evidence that could become important includes:
- Police accident reports
- Photographs and videos from the scene
- Witness statements
- Surveillance or doorbell camera footage
- Vehicle inspection and maintenance records
- Driver employment and training records
- Delivery schedules and route information
- Electronic vehicle or telematics data
- Cellphone or device records, when legally obtainable
- Company safety policies
- Insurance and contractor agreements
This evidence may help determine not only how the accident happened but also which companies or insurance policies could potentially be involved.
What Should You Do After an Accident With a Delivery Truck?
Your health and safety should be the first priority following a delivery vehicle accident.
Call 911 and seek medical attention when necessary. If you are able to safely do so, take photographs of the vehicles, surrounding area, damage and any identifying information on the delivery vehicle.
Obtain the driver's name, insurance information and employer information, but avoid making assumptions about who ultimately bears legal responsibility.
You should also consider speaking with an attorney before providing detailed statements to insurance companies. Commercial vehicle claims can involve multiple insurers, contractors and businesses, and determining which parties may be responsible can require a more extensive investigation than a standard car accident claim.
Hupy and Abraham Can Help After a Delivery Truck Accident
If you were injured in an accident involving an Amazon, UPS, FedEx, local delivery or contractor-operated vehicle, determining who is responsible may require looking far beyond the driver.
The personal injury attorneys at Hupy and Abraham have experience investigating motor vehicle accident claims and pursuing compensation for people injured because of negligence. Our team can investigate the circumstances surrounding the crash, identify potentially responsible parties, preserve important evidence and communicate with insurance companies on your behalf.
With offices throughout Wisconsin, Illinois and Iowa, Hupy and Abraham has helped thousands of injured clients pursue the compensation they deserve.
If you or a loved one has been injured in a delivery truck accident, contact Hupy and Abraham today at 800-800-5678 or start a live chat at Hupy.com for a free, no-obligation consultation.
Frequently Asked Questions
Who can be held responsible for a delivery truck accident?
Depending on the circumstances, the delivery driver, employer, contractor, vehicle owner, maintenance provider or another company involved in the delivery operation may be responsible.
What if the delivery driver is an independent contractor?
An independent contractor classification does not automatically determine liability. The level of control a company had over the driver's work, routes, policies and performance may still be relevant.
Can a delivery company be responsible if driver pressure contributed to the crash?
Potentially. If company policies, delivery quotas or scheduling expectations encouraged unsafe driving, those practices may be considered when determining responsibility.
What evidence is important after a delivery truck accident?
Police reports, photos, witness statements, surveillance footage, delivery records, vehicle data and maintenance records can all help establish how the crash happened and who may be responsible.
Should I contact an attorney after an accident involving a delivery vehicle?
Because delivery accidents may involve multiple companies and insurance policies, speaking with an experienced personal injury attorney can help protect your rights and identify all potentially responsible parties.
