Delivery Truck Accident FAQ
Answers to the most common questions about delivery truck accidents — who is liable, what insurance covers your claim, how long you have to file, and what to do right after a crash.
What should I do immediately after a delivery truck accident?
Call 911, get the driver's name and the delivery company name, photograph the scene and both vehicles, collect witness contact information, and seek medical care immediately even if you feel okay. Do not speak to the carrier's insurance company without an attorney.
Who is liable when an Amazon delivery truck hits me?
Amazon uses Delivery Service Partners — independent contractors who employ the drivers. Depending on the facts, you may have claims against the driver, the DSP company, and Amazon itself. Amazon's operational control through the Rabbit app and delivery quotas has been used to establish Amazon's co-liability in court.
Are UPS drivers employees or independent contractors?
UPS drivers are direct UPS employees represented by the Teamsters union. This makes liability simpler — UPS is the employer and is directly responsible for its drivers' negligence while on duty.
Is FedEx responsible if a FedEx driver hits me?
It depends on which FedEx service was involved. FedEx Express drivers are direct employees, making liability straightforward. FedEx Ground and FedEx Home Delivery use Independent Service Provider contractors. For Ground accidents, you must show FedEx retained sufficient operational control to be treated as the employer.
How much insurance does a delivery truck company carry?
Under FMCSA regulations, commercial motor vehicles must carry at least $750,000 in liability insurance. In practice, large carriers like Amazon, UPS, and FedEx carry $1 million or more per occurrence. The vehicle's weight and cargo type may require higher minimums.
How long do I have to file a claim after a delivery truck accident?
Statutes of limitations for personal injury claims vary by state — typically 2 to 3 years for most states, though some states allow as little as 1 year. However, evidence such as vehicle data, app logs, and witness recollections disappears much faster. Contact an attorney immediately to preserve your claim.
What damages can I recover after a delivery truck accident?
Recoverable damages typically include: medical expenses (past and future), lost wages and lost earning capacity, property damage, pain and suffering, emotional distress, and in cases of extreme negligence, punitive damages. Fatal accident cases allow wrongful death and survival claims.
What if the delivery driver was using a personal vehicle?
Some delivery services use drivers' personal vehicles — particularly Amazon Flex contractors and certain gig delivery platforms. In those cases, the driver's personal auto insurance applies first, followed by the platform's contingent coverage. Insurance coverage gaps are common in these situations, making legal representation important.
Do delivery truck accident cases go to trial?
Most settle before trial. Carriers and their insurers have incentive to avoid jury verdicts, which can be unpredictable. However, having an attorney willing to try the case is critical leverage — insurers offer higher settlements when they believe you will go to trial if needed.
Can I still recover if I was partly at fault?
In most states, yes. Comparative negligence rules allow you to recover even if you were partially at fault — your award is reduced by your percentage of fault. In a minority of states, contributory negligence rules bar recovery if you were at any fault. An attorney can explain how your state's rules apply to your case.
What evidence helps a delivery truck accident claim?
The most valuable evidence includes: the vehicle's telematics/black box data, the carrier's app data (Rabbit for Amazon, DIAD for UPS), driver's qualification file, vehicle maintenance records, route and delivery schedule for that day, police report, photos and video, medical records, and witness statements. Much of this must be formally requested before it is overwritten.
How do I find out which DSP or contractor was operating the truck?
A police report will usually identify the vehicle and operator. Searching the vehicle's USDOT number through FMCSA's database can identify the registered carrier. An attorney can send preservation letters and subpoenas to obtain carrier information quickly.
Time-Sensitive
Vehicle data, app logs, and delivery records are overwritten within 30–90 days of an accident. Contact an attorney as soon as possible to preserve evidence.