Hit by a Delivery Driver? Liability When Amazon, FedEx, or DoorDash Causes a Crash

The Amazon van that ran a red light and T-boned your car wasn't driven by an Amazon employee. The FedEx Ground truck that rear-ended you at a stoplight belongs to someone you've never heard of. The DoorDash driver who hit you while checking their phone is classified as an "independent contractor." These aren't accidents—they're deliberate corporate structures designed to shield billion-dollar companies from liability when their drivers injure people.

If you've been hit by a delivery vehicle, you're facing a maze of shell companies, contractor agreements, and corporate liability shields. This article explains who's really responsible—and how to hold them accountable.

The Liability Shield Problem

Traditional Vicarious Liability

Under the legal doctrine of respondeat superior ("let the master answer"), employers are liable for the negligent acts of their employees committed within the scope of employment. If a Coca-Cola truck driver runs a red light while making deliveries, Coca-Cola is liable.

This makes sense: companies profit from their employees' work, so they should bear the risk when that work causes harm.

How Delivery Companies Avoid It

Modern delivery companies have engineered around vicarious liability by:

1. Classifying drivers as independent contractors (not employees)
2. Using intermediary companies (like Amazon's DSPs) that employ the drivers
3. Requiring drivers to carry their own insurance
4. Contractually shifting liability to drivers or intermediaries

The goal is simple: when a driver causes a crash, the victim sues someone with shallow pockets—the driver or a thinly-capitalized contractor—while the profitable corporation walks away.

Amazon: The DSP Model

How It Works

Amazon doesn't employ most of its delivery drivers. Instead, it contracts with Delivery Service Partners (DSPs)—small companies that hire drivers, own or lease the vans, and handle deliveries for Amazon.

When you see an Amazon-branded van, the driver likely works for a company like "Smith Logistics LLC" or "ABC Delivery Inc."—not Amazon.

Why Amazon Uses This Model

• Liability shield: If a DSP driver causes an accident, the victim sues the DSP—a company with minimal assets and limited insurance
• Wage and hour insulation: DSPs handle payroll, avoiding Amazon liability for wage violations
• Flexibility: Amazon can terminate DSPs without employment law complications

Piercing Amazon's Shield

Despite the DSP structure, Amazon can be held liable if you can prove:

1. Actual Control

Amazon exercises extraordinary control over DSPs and their drivers:

• Routes and delivery sequences are set by Amazon algorithms
• Drivers must meet Amazon's delivery windows or face penalties
• Amazon monitors drivers through the "Mentor" app (tracking speed, braking, phone use)
• Uniforms, vehicle branding, and customer interactions are Amazon-specified
• DSPs can be terminated if performance metrics slip

When a company controls how the work is done—not just what work is done—courts may find an employment or agency relationship exists regardless of contracts.

2. Negligent Selection or Retention

Amazon may be liable if it failed to adequately vet DSPs or continued using DSPs with known safety problems.

3. Joint Enterprise

If Amazon and the DSP are engaged in a joint enterprise—sharing control, profits, and purpose—both may be liable.

Recent Legal Developments

Plaintiffs' attorneys have increasingly succeeded in naming Amazon as a defendant despite the DSP structure. In discovery, internal documents often reveal that Amazon's control over DSPs is far more extensive than the contractor agreements suggest.

FedEx Ground: The Independent Contractor Model

How It Works

FedEx Ground (the ground shipping division) historically used independent contractors who owned their own trucks and routes. These contractors—sometimes called "Independent Service Providers" (ISPs)—employ drivers and are responsible for their own insurance and liability.

FedEx Express (the overnight air division) uses traditional employees, creating a liability distinction within the same company.

The Control Question

FedEx Ground exercises significant control over ISPs:

• Delivery territories are assigned by FedEx
• Trucks must meet FedEx specifications and display FedEx branding
• Uniforms and customer service standards are FedEx-mandated
• Scanners and technology are FedEx-provided

Multiple courts and state agencies have found that FedEx Ground's "independent contractors" are actually employees for various purposes—opening liability arguments.

Multi-Defendant Strategy

In a FedEx Ground accident case, you may name:

• The driver individually
• The ISP that employs the driver
• FedEx Ground (arguing agency, control, or negligent selection)

Gig Delivery Platforms: DoorDash, Uber Eats, Instacart

The Gig Classification

Gig platforms classify their delivery drivers as independent contractors—often called "Dashers," "drivers," or "shoppers." These drivers:

• Use their own vehicles
• Set their own hours
• Accept or decline individual deliveries
• Carry their own auto insurance

The Liability Challenge

When a DoorDash driver runs a stop sign while delivering your food, you face significant obstacles:

• The driver has minimal insurance: Most carry only state-minimum personal auto policies, which may not even cover commercial delivery activity
• DoorDash denies responsibility: The contractor classification is designed to avoid exactly this liability
• The platform's insurance is limited: Some platforms provide contingent liability coverage, but it's often capped and coverage disputes are common

Arguments for Platform Liability

Despite the independent contractor classification, plaintiffs can argue:

1. The ABC Test (California/Some States)

Some states use a strict "ABC test" for determining employee status. Under this test, a worker is an employee unless the company proves:

• (A) The worker is free from control and direction
• (B) The work is outside the company's usual business
• (C) The worker has an independent business in that trade

Delivery is clearly part of DoorDash's core business, potentially failing prong B.

2. Control Over the Work

The platform assigns deliveries, tracks driver locations, sets time expectations, and handles payment. This level of control supports an employment argument.

3. Negligent Hiring/Retention

If the platform failed to screen drivers adequately—or continued using drivers with known safety issues—it may be directly liable.

Insurance Gaps

Many personal auto policies exclude coverage when a vehicle is used for commercial delivery. If the DoorDash driver's insurer denies the claim, you may be left with only:

• The driver's personal assets (usually minimal)
• The platform's contingent coverage (often disputed)

This is why uninsured/underinsured motorist (UM/UIM) coverage on your own policy is so important.

Traditional Commercial Carriers: UPS, USPS

UPS: Traditional Employment

Unlike FedEx Ground, UPS primarily uses employee drivers. The brown trucks and uniformed drivers are UPS employees, making UPS directly liable under respondeat superior for accidents during deliveries.

This makes UPS accident claims more straightforward—you sue UPS directly.

USPS: Federal Immunity Complications

United States Postal Service employees are federal workers. Claims against USPS are governed by the Federal Tort Claims Act (FTCA), which requires:

• Filing an administrative claim with USPS before suing
• Strict deadlines (two years to file the administrative claim)
• Litigation in federal court

USPS claims have additional procedural hurdles but are very recoverable.

Building Your Case

Evidence to Preserve

1. Vehicle Identification

• Photographs of the vehicle, including any company branding
• License plate number
• Any visible company identification numbers

2. Driver Information

• Driver's name and contact information
• The company the driver claims to work for
• Whether the driver was making a delivery at the time

3. Delivery Records

• Was a package delivered to your address or a neighbor's around the time of the accident?
• Tracking information for any deliveries in your area
• Witness accounts of the driver's activities

4. Scene Documentation

• Photos of vehicle damage and the accident scene
• Weather and road conditions
• Traffic camera or dashcam footage

Discovery Targets

In litigation, your attorney will seek:

• The driver's employment or contractor agreement
• Training records and safety policies
• The company's control over the driver (routes, schedules, monitoring)
• Insurance policies covering the vehicle and driver
• Prior accidents or complaints involving the driver or contractor
• Internal communications about the driver or DSP performance

Expert Witnesses

Complex delivery accident cases may require:

• Accident reconstruction experts to establish fault
• Employment/labor experts to testify on the control relationship
• Corporate structure experts to explain liability chains

Damages in Delivery Accident Cases

Delivery vehicles—especially Amazon vans and FedEx trucks—are larger and heavier than passenger cars, often causing severe injuries:

Compensatory Damages

• Medical expenses: Emergency care, surgery, rehabilitation, future medical needs
• Lost wages: Time missed from work, reduced earning capacity
• Pain and suffering: Physical pain and emotional distress
• Property damage: Vehicle repair or replacement

Punitive Damages

If the driver's conduct was reckless (texting, speeding excessively, running red lights), punitive damages may be available to punish the behavior and deter similar conduct.

Insurance Coverage

Delivery accident claims often involve multiple insurance policies:

• The driver's personal auto policy
• The DSP or contractor's commercial policy
• The parent company's umbrella or contingent policy
• Your own UM/UIM coverage (if the above are insufficient)

Coordinating these policies requires experienced counsel.

Comparative Negligence

Oklahoma follows modified comparative negligence. If you're found partially at fault for the accident, your recovery is reduced by your percentage of fault. If you're 50% or more at fault, you recover nothing.

Delivery companies will aggressively investigate to find any evidence of your contributing negligence.

What to Do After a Delivery Vehicle Accident

1. Call 911 and get a police report—document that it was a commercial vehicle
2. Photograph everything: The vehicle, branding, driver, damage, scene
3. Get the driver's information and ask who they work for
4. Seek medical attention even if injuries seem minor
5. Don't give recorded statements to the company's insurance without legal advice
6. Contact an attorney before the company's adjusters contact you

Frequently Asked Questions

Can I sue Amazon if an Amazon van hit me?

You can try. Amazon will argue the driver is employed by a DSP, not Amazon. But courts increasingly allow claims against Amazon based on the control Amazon exercises over DSPs. An experienced attorney can evaluate whether Amazon is a viable defendant.

What if the FedEx driver was speeding to meet a deadline?

This strengthens your case. If FedEx's delivery expectations created pressure to speed, FedEx may be liable for the consequences of those expectations—even if the driver technically worked for an ISP.

The DoorDash driver has no insurance—am I out of luck?

Not necessarily. Check whether DoorDash's contingent liability coverage applies, and file a claim under your own UM/UIM policy. An attorney can help identify all available coverage.

How long do I have to file a claim?

Oklahoma's statute of limitations for personal injury claims is two years from the date of the accident. Don't wait—evidence disappears, and delivery companies are experienced at protecting themselves.

Will this go to trial?

Most delivery accident cases settle. But having an attorney willing to take the case to trial gives you leverage. Companies like Amazon settle cases quietly to avoid precedent-setting verdicts.

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When a delivery driver causes an accident, the companies behind them will do everything possible to avoid responsibility. Their corporate structures are designed for exactly this purpose. But with the right legal strategy—targeting the control relationship, multiple defendants, and all available insurance—victims can recover full compensation despite these shields.

At Addison Law, we handle car accident cases and trucking accidents throughout Oklahoma, including delivery vehicle claims against major carriers. We know how to cut through corporate liability shields and hold the right parties accountable. Contact us for a free consultation.

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This article is for general information only and is not legal advice.