A Comprehensive Guide to FedEx, Amazon & UPS Delivery Truck Accidents in Texas
FedEx, Amazon and UPS trucks move thousands of packages across Texas highways each day. As more people do their shopping online, the number of crashes involving FedEx, UPS and Amazon delivery vehicles has increased. Learn more about the common causes of commercial truck accidents, who is liable in a crash and why you need a qualified truck accident attorney so you can receive the compensation you deserve.
Common Causes of Delivery Truck Accidents
Texas leads the nation in the number of fatal truck crashes. Several factors contribute to these accidents, including speeding, fatigue and poor training practices.
Speeding Due to Tight Delivery Schedules
Drivers often feel the pressure to meet tight delivery deadlines, which can lead them to speed or drive too fast when it’s raining or icy. This increases the stopping distance for larger trucks, making collisions more likely (and often, more serious).
Distracted Driving
Delivery drivers often depend on GPS and apps for navigation and package management. These technologies are distracting and can increase the risk of accidents, especially in busy residential areas.
Fatigue From Long Haul Drives
Spending long hours behind the wheel and not getting enough breaks can cause driver fatigue. Drowsy driving affects judgment and slows reaction times. This decrease in alertness makes drowsy driving just as dangerous as impaired driving.
Poor Truck Maintenance
Not properly maintaining a delivery truck can have serious consequences. Common maintenance-related causes of crashes include brake problems and tire blowouts, which can lead to loss of control.
Improperly Trained Drivers
Sometimes, delivery drivers are hired quickly, especially during the busy holiday season. In these cases, these drivers may lack the training and experience necessary to be safe on the road. For example, they may misjudge turns and not know how to follow proper safety protocols.
Who Is Liable in a Delivery Truck Accident?
In delivery truck accidents, the at-fault party is the one responsible for damages and injuries. There are several things to consider when deciding who is liable.
Texas uses a modified comparative fault rule. This affects how compensation is awarded in delivery truck accidents. Under this law, damages are divided according to the role each driver played in the accident.
If you are partially at fault, the amount you are awarded is decreased by your percentage of fault. For instance, if you’re 30% at fault, you’ll get 70% of your damages. However, if you’re over 50% at fault, you won’t receive any compensation.
Determining fault in a delivery truck accident requires a detailed investigation. Insurance companies, police and legal teams will review police reports, witness statements and video footage.
Driver Negligence
A delivery driver can be personally responsible for a crash if they acted negligently (like speeding, driving distracted and not following the law). Evidence like logs, phone records and GPS data can help prove negligence.
Delivery Company Policies
A delivery company can be responsible for the actions of its driver if the driver is an employee. Company policies may have contributed to the accident.
These policies include:
- Hiring unlicensed or unqualified drivers
- Promoting unsafe driving with unrealistic quotas
- Ignoring safety issues with company vehicles
- Failing to train and supervise drivers properly
In these cases, the company can be held directly responsible for the employee’s actions.
Independent Contractor Disputes (FedEx & Amazon Flex)
As more companies use independent contractors for deliveries, deciding who is responsible for delivery truck accidents gets trickier. Companies often hire workers in the form of independent contractors to reduce their liability. This shifts the responsibility to the drivers and their insurance (which might not cover everything).
FedEx ground drivers are usually independent contractors, but if FedEx is at fault for an accident, they can be held responsible. Amazon Flex drivers use their own cars and have less oversight, but might feel pressure from Amazon, which can lead to dangerous driving practices and accidents.
Third-Party Liability
Other parties, like repair shops or truck manufacturers, can also be held responsible for accidents. For example, if a repair shop’s negligence causes a mechanical failure, they may be liable. Similarly, manufacturers can be accountable for accidents due to faulty products or not warning about dangers.
Delivery Company-Specific Claims
If you’re in an accident with a FedEx, Amazon, or UPS delivery vehicle, the process for claims can vary by company. Here’s some guidance on how these claims work.
FedEx Accidents
FedEx has two main delivery divisions: FedEx Express and FedEx Ground. FedEx Express drivers are employees, so if they cause an accident while working, both the driver and FedEx can be held liable. This can make it easier for the people injured to recover damages (due to the company’s extensive insurance).
On the other hand, FedEx Ground drivers are usually independent contractors. In accidents involving these trucks, liability typically falls on the independent contractor, not FedEx.
There are several issues that can make the claim process against FedEx more difficult. While FedEx has large corporate insurance policies, payouts are determined on a case-by-case basis. Victims often need to complete several steps. They include filing a claim against the driver’s insurance policy and the contractor’s commercial insurance policy. If the case qualifies, the last step is to potentially pursue claims against FedEx.
If you’re filing a claim against FedEx, it’s best to consult a FedEx truck accident attorney first. You’ll need to gather proof of the driver’s negligence, your injuries and evidence that connects the two. This can include:
- An official police report
- Photographic evidence and videos
- Witness information
- Documentation of losses (like lost wages)
- Truck and driver information
- Proof of damages
- Medical records and bills
FedEx has claimed in past Texas lawsuits that it shouldn’t be responsible for accidents involving FedEx Ground drivers who are contractors. A FedEx truck accident lawyer can help you sort through challenging legal doctrine and gather all the evidence you need to include in your claim.
Amazon Delivery Vans & Amazon Flex
Amazon’s delivery system differs significantly from FedEx’s, which can impact accident victims. Instead of directly employing drivers, Amazon relies heavily on Amazon Flex drivers and Delivery Service Partners.
Amazon Flex drivers use their own cars to deliver packages as independent contractors. If they get into an accident, their personal insurance usually covers damages first. Amazon has a $1 million liability policy, but it only kicks in if the driver was logged into the app and their personal insurance denies the claim. This can create challenges for victims.
Amazon Delivery Service Partners (DSPs) hire their own drivers and use Amazon-branded vans with their own insurance. If you’re in an accident with a DSP driver, you would first seek recovery from the DSP company and its insurance. Amazon might claim they aren’t responsible since the drivers work for the third-party company and not directly for them.
Amazon delivery drivers are often expected to meet difficult (and unrealistic) deadlines. These expectations may cause them to drive recklessly. When drivers deliver packages along unfamiliar routes, it also increases their chances of an accident.
Amazon cases can be complicated because they involve the Flex driver, the DSP company and Amazon’s policies. Victims often have to deal with multiple insurers and experience delays and blame-shifting throughout the process. In these cases, an Amazon truck accident lawyer is recommended to help the victims receive the compensation they are due.
UPS Truck Accidents
UPS has one of the largest delivery networks in the country. Their trucks also have unique tracking systems. The data collected from them can reveal if an accident may have occurred due to an unrealistic delivery schedule, driver error or exhaustion.
In UPS delivery truck accidents, responsibility can fall on the driver, UPS, or a third-party maintenance provider or parts manufacturer. A UPS truck accident lawyer can help you investigate these cases to determine who should be held accountable.
What To Do After Being Hit by a Delivery Truck
If you’re hit by a delivery truck, your health and safety come first. If it’s safe, move your vehicle out of traffic. Check yourself and your passengers for any injuries. Then, call 911 for police and emergency services. Even if you feel okay, adrenaline can sometimes mask serious injuries. These injuries may not become apparent until sometime later, too. So make sure to get a thorough medical checkup as soon as you can. These medical records will provide important evidence linking your injuries to the accident.
Along with your records, gather this evidence to support your case:
- Medical bills
- Vehicle repair estimates
- Pay stubs and lost wage proof
- Expense receipts (like taxis, rentals and childcare)
Consider keeping a personal journal to track your pain levels, emotional distress and any disruptions to your daily life. This information may be helpful in court.
Dealing With Insurers On Your Truck Accident
Be cautious when interacting with insurers after a delivery truck accident. Their goal is to reduce the amount of money that is paid out to you. It’s best to limit communication, avoid admitting fault and refuse to make any recorded statements. Consider hiring an experienced FedEx, Amazon or UPS truck accident attorney to help you during this process.
Compensation Available in Texas
When delivery trucks from companies like UPS, FedEx and Amazon cause accidents, the costs can add up fast. Victims may face high medical bills, lost wages, vehicle repairs or replacements and significant pain and suffering.
Hiring a truck accident attorney gives you the best chances at recovering your losses.
An experienced attorney can help you negotiate for reimbursement for things like:
- Medical expenses
- Pain and suffering
- Vehicle damage or loss
- Wrongful death damages
- Lost income
Through Texas law, commercial carriers involved in truck accidents face increased liability over passenger vehicle drivers. A commercial policy must offer at least $750,000 in coverage for property damage and injury per incident, with many companies providing higher million-dollar policies.
Why Delivery Truck Claims Are Hard To Fight Alone
Fighting a delivery truck accident claim on your own can be tough. You’ll be up against a powerful corporate legal team, complex insurance policies and federal regulations. Large delivery companies often have resources to reduce their liability and push for quick, low settlements before the full extent of your injuries is known. Their lawyers use strong tactics to shift blame away from their clients.
These factors create a power imbalance, making it important to have experienced legal representation for a fair outcome.
How a Texas Delivery Truck Accident Lawyer Helps
A Texas delivery truck accident lawyer can provide you with comprehensive assistance and act as your advocate against large corporations like FedEx, Amazon and UPS.
When you hire an experienced accident lawyer, they can take control of the investigative process to preserve crucial evidence that the company may try to throw out or hide.
Proving negligence usually needs expert testimony to challenge corporate defense teams. A lawyer can bring in specialists to support your case in court and gather evidence that shows the company’s fault in the accident.
By advocating for you and providing strong evidence and expert testimony, they can help you win a settlement that fully covers your losses.
Seek Immediate Help From PM Law Firm For Your Truck Accident
If you are hit by a delivery truck from Amazon, FedEx or UPS, you can pursue compensation for your claims. PM Law Firm has experience holding delivery companies accountable and helping accident victims like you recover maximum compensation. By calling PM Law Firm today and seeking legal help immediately, we can help you hold these companies accountable, guide you through every step of the legal process and fight for every dollar you deserve.