Legally reviewed by Alexander Begum, Personal Injury Attorney
Key Takeaways
- Who pays after a delivery truck accident depends on who employs the driver. Under Texas law, a company is responsible for an employee’s driving on the job, but as a general rule not for an independent contractor’s.
- UPS, FedEx and Amazon are set up differently. UPS package drivers are generally UPS employees, while FedEx Ground and Amazon deliveries are largely handled by separate businesses that employ their own drivers.
- A USPS truck means a federal claim. Crashes involving Postal Service employees go through the Federal Tort Claims Act, which requires a written claim to the Postal Service within two years before any lawsuit.
- Bigger delivery trucks carry bigger insurance. A for-hire interstate carrier hauling general freight in a vehicle rated at 10,001 pounds or more must carry at least $750,000 in liability coverage under federal rules.
- Your own policy can help right away. Texas auto policies include $2,500 in personal injury protection and uninsured/underinsured motorist coverage unless you rejected them in writing.
- Most Texas injury claims have a two-year deadline. The USPS claim deadline is also two years, but it runs to the agency, not the courthouse.
If a delivery truck hits you in Texas, the company that employs the driver usually pays, through its insurance, as long as the driver was working at the time. The hard part is figuring out who that employer is, because many branded delivery vans are driven by people who work for a separate contractor, and a Postal Service truck puts the claim under federal law.
Getting this right early matters. If you file against the wrong company, or miss the federal claim process for a mail truck, you can lose time you do not have. Our Texas truck accident lawyers sort out these questions every week, and the consultation is free. Here is how a delivery truck accident claim works in Texas.
Who Is Liable When a Delivery Truck Hits You?
Start with the driver. A driver who causes a crash is responsible for it. In practice, though, the question that shapes most delivery truck claims is whether a company is responsible too.
In Texas, that question is answered by the doctrine of vicarious liability, sometimes called respondeat superior. The Supreme Court of Texas laid out the test in Painter v. Amerimex Drilling I, Ltd. (Tex. 2018): to hold an employer responsible for a worker’s negligence, you must show that the worker (1) was an employee and (2) was acting in the course and scope of the job at the time.
Employee or contractor?
The same opinion explains that, as a general rule, a company is not liable for the negligence of its independent contractors. What separates an employee from a contractor is whether the company has the right to control the progress, details and methods of the work. Courts look at factors such as whether the worker runs an independent business, who supplies the vehicle and tools, who controls how the work is done, how long the work lasts, and whether pay is by the hour or by the job.
Was the driver on the job?
Course and scope asks whether the driver was doing the job when the crash happened. A driver running a delivery route is usually on the job. A driver who left the route for personal reasons may not be, and the company will look for any sign of that.
Other companies can share fault
A company can also be responsible for its own negligence, such as putting an unsafe vehicle on the road. Mechanics, vehicle owners and other drivers can share fault too. Our page on third-party liability in truck accidents covers those claims, and our guide to who you can sue after a truck accident explains the parties in a semi-truck case.
FedEx, UPS, Amazon and USPS Compared
Each company organizes its delivery drivers differently, which changes where a claim starts. This is how each one describes its own setup.
| Company | Who employs the driver | Where the claim usually starts | Rule that governs |
|---|---|---|---|
| UPS | UPS. Its annual report says most of its U.S. workforce, primarily those handling or transporting packages, is union-represented UPS employees. | UPS and its insurer | Texas law (vicarious liability) |
| FedEx Ground | Independent service providers, which FedEx says employ their own personnel | The service provider and its insurer; whether FedEx shares liability depends on the facts | Texas law; federal motor carrier rules for larger trucks |
| Amazon | Delivery Service Partners, separate businesses that Amazon says employ the drivers | The Delivery Service Partner and its insurer; whether Amazon shares liability depends on the facts | Texas law; federal motor carrier rules for larger trucks |
| USPS | The U.S. Postal Service (federal employees) | A written claim to the Postal Service on Standard Form 95 | Federal Tort Claims Act |
Sources: UPS 2024 Form 10-K; FedEx, Contract with FedEx FAQs; Amazon, Delivery Service Partner program; 39 U.S.C. §409(c).
A company’s own description of its drivers is where the analysis starts, not where it ends. In Texas, the right-to-control test looks at how the work actually happens, so the contracts, training rules and route instructions between the brand and its contractor can matter. That is a question for a lawyer with the documents in hand.
What If a USPS Truck Hits You?
A crash with a Postal Service vehicle driven by a postal employee is a claim against the United States. Under 39 U.S.C. §409(c), the Federal Tort Claims Act governs tort claims arising from Postal Service activities, and the rules are strict:
- You must first present a written claim to the Postal Service within two years after the claim accrues, under 28 U.S.C. §2401(b). The usual form is Standard Form 95.
- The claim must state a specific dollar amount. The form’s instructions warn that failing to state a “sum certain” makes the claim invalid.
- You cannot sue until the agency denies the claim in writing, or until six months pass without a final decision, under 28 U.S.C. §2675(a). A later lawsuit generally cannot ask for more than the amount in the claim.
- After a written denial, you have six months from its mailing date to file suit.
- You cannot sue the postal driver personally. Under 28 U.S.C. §2679(b)(1), the claim against the United States is the only remedy.
- There are no punitive damages (§2674), and a judge, not a jury, decides the case (§2402).
One exception catches people off guard: the Act’s definition of a federal agency does not include contractors with the United States (28 U.S.C. §2671). If the vehicle belonged to a private company hauling mail under contract, the claim usually runs against that company under Texas law instead. Our Federal Tort Claims Act lawyers handle these claims.
Do not let the delivery company’s insurer decide who is responsible. The first adjuster you hear from may work for a contractor you have never heard of, and a mail truck claim has its own federal rules. A short call can make sure the claim goes to the right place. Call (956) 982-1800 for a free consultation.
How Much Insurance Does a Delivery Truck Carry?
It depends on the vehicle and the kind of carrier. Federal motor carrier rules define a commercial motor vehicle as one used in interstate commerce with a gross vehicle weight rating of 10,001 pounds or more, among other categories (49 CFR §390.5). For a for-hire carrier hauling nonhazardous property in interstate commerce in a vehicle of that size, the minimum liability coverage is $750,000 (49 CFR §387.9). The same federal definitions treat an independent contractor operating a commercial motor vehicle as the carrier’s “employee” for safety purposes.
For a vehicle outside those rules, the floor is Texas’s minimum liability coverage of $30,000 per person, $60,000 per crash and $25,000 for property damage (Transportation Code §601.072). A company’s actual policy may be much larger. The only way to know is to get the policy information, which is one reason to involve a lawyer early. Our page on truck accident insurance issues and our overview of federal trucking regulations go deeper.
Your Own Insurance Can Help Now
While fault is sorted out, your own policy may pay some bills right away. Every Texas auto policy includes personal injury protection unless a named insured rejected it in writing (Insurance Code §1952.152), and the required amount is $2,500 per person (§1952.153). Uninsured/underinsured motorist coverage is also included unless rejected in writing (§1952.101), and it can matter if the responsible company’s coverage turns out to be too small. Your policy’s wording controls what it pays.
Deadlines and Shared Fault in Texas
For a claim against a private company, Texas generally gives you two years from the crash to file a personal injury lawsuit (Civil Practice and Remedies Code §16.003). For a Postal Service claim, the two years is the deadline to present the written claim to the agency. See our guide to the Texas personal injury statute of limitations for more.
Crashes around delivery stops, double-parked trucks and backing maneuvers often turn into arguments about shared blame. Under §33.001, a person more than 50% responsible recovers nothing; at 50% or less, the damages are reduced by that percentage.
What to Do After a Delivery Truck Accident
- Call 911 and get medical care, even if you feel fine.
- Photograph the truck, including any company name, DOT number, license plate and vehicle number.
- Get the driver’s name and ask who employs them. The name on the truck and the employer may not match.
- Ask for the insurance information for the vehicle, not just the driver.
- Collect witness names and phone numbers.
- Get the crash report number from the officer.
- Do not give a recorded statement to any company’s insurer before talking to a lawyer.
- For a USPS vehicle, note the vehicle number and the post office it came from, and keep track of the two-year federal claim deadline.
Our step-by-step guide on what to do after a truck accident in Texas covers evidence and medical records in more detail.
Frequently Asked Questions
What to do if a FedEx driver hits your car?
Get medical care, call the police, photograph the truck and its markings, and get the driver’s name, employer and insurance information. Many FedEx Ground drivers work for independent service providers, so the claim often starts with that company’s insurer. Talk to a lawyer before giving any recorded statement.
How much do you get if a FedEx truck hits you?
There is no set amount. Compensation depends on your medical bills, lost income, pain and the long-term effect of your injuries, reduced by any share of fault assigned to you. Available insurance matters too: a large interstate delivery truck may carry $750,000 or more in coverage, while a smaller van may carry far less.
Can you sue Amazon if an Amazon driver hits you?
Possibly. Most Amazon delivery drivers are employed by Delivery Service Partners, separate businesses that are usually the first target of the claim. Whether Amazon itself can be held responsible depends on how much control it had over the work, which Texas courts decide case by case.
Who pays if a UPS truck hits you?
Usually UPS, through its insurance. UPS package drivers are generally UPS employees, and under Texas law an employer is responsible for an employee’s negligent driving while on the job. You can also use your own personal injury protection coverage for early medical bills.
Can I sue the Post Office for a car accident?
Yes, but through the Federal Tort Claims Act. You must first file a written claim, usually Standard Form 95, with the Postal Service within two years and state a specific dollar amount. You can sue only after a written denial or six months without a decision, and the case is against the United States, not the driver.
What happens when a delivery driver gets in an accident?
The driver reports the crash to their employer, and the employer’s insurer investigates. For the injured person, the key questions are who employed the driver, whether the driver was working at the time, and which insurance policy applies. Those answers decide where your claim goes.
How long do I have to file a claim after a delivery truck accident in Texas?
Generally two years from the crash to file a lawsuit against a private company. For a USPS vehicle, the two years is the deadline to present your written claim to the Postal Service. Evidence such as vehicle and route data can disappear sooner, so it is best to act within weeks.
Hit by a Delivery Truck in Texas? Get The Giant on Your Side
The company behind the logo and the company that employs the driver are often not the same, and every week spent on the wrong claim helps the insurer. The Law Giant’s truck accident lawyers represent people hurt by delivery and commercial trucks across Texas, including McAllen, Houston, Dallas and San Antonio.
The consultation is free, and you pay no attorney’s fee unless we win. Call (956) 982-1800 or contact us online.
Sources and authorities
- Supreme Court of Texas, Painter v. Amerimex Drilling I, Ltd., No. 16-0120 (Tex. Apr. 13, 2018).
- Federal Tort Claims Act: 28 U.S.C. §2401, §2402, §2671, §2674, §2675, §2679; 39 U.S.C. §409.
- General Services Administration, Standard Form 95, Claim for Damage, Injury, or Death.
- Federal Motor Carrier Safety Regulations: 49 CFR §390.5, 49 CFR §387.9.
- Texas statutes: Transportation Code §601.072; Insurance Code §1952.101, §1952.152, §1952.153; Civil Practice and Remedies Code §16.003, §33.001.
- United Parcel Service, Form 10-K for 2024; FedEx, Contract with FedEx: Frequently Asked Questions; Amazon, Delivery Service Partner program update.
This article is general information about Texas and federal law, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its facts; talk to a lawyer about yours. Past results do not guarantee a similar outcome.
