Who’s Responsible When a Delivery Truck Injures You?
Worried about what to do when a delivery truck injures you? These situations can be complex; it’s smart to retain a California delivery truck personal injury lawyer as soon as possible to ensure you protect your right to a claim. Our law firm knows what it takes to file a claim on your behalf and help you get the support you need.
Who’s Responsible When a Delivery Truck Injures You in California?
In today’s on-demand world, delivery trucks are everywhere—from Amazon vans and FedEx trucks to local couriers and grocery delivery services. With the convenience of fast shipping comes an unfortunate side effect: an increase in delivery truck accidents on California’s roads. If you’ve been injured in a crash involving one of these vehicles, you may be wondering: Who is legally responsible?
The answer isn’t always straightforward. In California, liability for delivery truck accidents depends on several factors, including the cause of the crash, the driver’s employment status, and the policies of the company they were working for at the time. With these delivery truck accidents on the rise, you need to know what to expect if it happens to you.
Common Causes of Delivery Truck Accidents
Delivery drivers are under constant pressure to meet tight deadlines. As a result, accidents often stem from:
- Speeding or reckless driving
- Distracted driving (e.g., checking GPS or phone apps)
- Fatigue from long shifts
- Improperly loaded or unsecured cargo
- Poor vehicle maintenance
- Illegal parking or unsafe stops
Whether the driver made an error or a mechanical issue caused the crash, these incidents often result in serious injuries for pedestrians, cyclists, and occupants of smaller vehicles.
Determining Liability: The Key Questions
1. Was the Driver an Employee or Independent Contractor?
California law distinguishes between employees and independent contractors, and this classification plays a major role in liability.
If the delivery driver was an employee, the company (e.g., Amazon, FedEx, UPS) can typically be held vicariously liable under the legal doctrine of respondeat superior. That means the company is responsible for the negligence of its employee, so long as the driver was acting within the scope of their job.
If the driver was an independent contractor, things get more complicated. Many companies try to avoid liability by classifying drivers as contractors. However, California’s AB5 law and the “ABC test” make it harder for companies to do this unless the driver is truly independent. In some cases, companies may still bear responsibility, especially if they exercised control over how the driver worked.
2. Was the Driver “On the Clock”?
Even if the driver was employed by a company, they must have been acting within the scope of their employment for that company to be liable. If the accident occurred while the driver was:
- Making deliveries
- Traveling between scheduled stops
- Returning to the warehouse or depot
…the company is likely liable. However, if the driver was running a personal errand, off-duty, or deviating significantly from their route, the company may deny responsibility.
Other Potentially Liable Parties
Delivery truck accident cases often involve multiple parties. In addition to the driver and their employer, other parties that may share liability include:
The Delivery Company
Even if a driver was an independent contractor, the company may still be liable for negligent hiring, training, or supervision. For example, if the company failed to verify the driver’s license, driving history, or training, it may have breached its duty to the public.
The Vehicle Owner
In cases where the delivery truck is leased or owned by a third party, the owner may be responsible for negligent maintenance or mechanical failure.
The Manufacturer
If a defective part (e.g., brakes, tires, steering) contributed to the accident, a product liability claim may be filed against the vehicle or parts manufacturer.
What If You’re Hit by an Amazon Delivery Van?
Amazon delivery accidents are increasingly common in California. Although many Amazon drivers wear uniforms and operate branded vans, they are often employed by third-party companies known as Delivery Service Partners (DSPs). With so many delivery trucks on the road, the chances of an accident are high.
This adds a layer of complexity. In many cases, the DSP (not Amazon itself) is listed as the driver’s employer. However, courts have begun scrutinizing this model, especially when Amazon exercises significant control over delivery routes, timing, and training.
In a growing number of cases, Amazon has been found partially liable for injuries caused by delivery drivers due to their role in setting high-pressure delivery schedules that incentivize unsafe behavior.
What Compensation Can Victims Recover After a Delivery Truck Injures Them?
If you’ve been injured by a delivery truck, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Rehabilitation costs
In wrongful death cases, surviving family members may also be eligible for compensation related to funeral expenses, loss of companionship, and more.
Steps to Take After a Delivery Truck Injures You
- Call 911 and seek medical attention immediately.
- Gather evidence: take photos of the scene, vehicle, license plates, and any visible injuries.
- Get witness contact info, if available.
- Do not speak with insurance adjusters before speaking with a personal injury attorney.
- Contact a lawyer experienced in delivery truck accident cases to begin investigating the liable parties.
Common Injuries in Delivery Truck Accidents in California
Unfortunately, these crashes often result in severe, sometimes life-altering injuries—especially for pedestrians, cyclists, and occupants of smaller vehicles. Due to the size and weight of delivery trucks, the force of impact is far greater than in standard car accidents.
One of the most common injuries is traumatic brain injury (TBI), which can range from a mild concussion to permanent cognitive impairment. Victims may also suffer spinal cord injuries, which in severe cases can lead to partial or full paralysis. Broken bones, especially in the legs, arms, and ribs, are frequently reported, often requiring surgery and long-term rehabilitation.
Internal injuries—including damage to the lungs, liver, or spleen—can be life-threatening and aren’t always immediately apparent after the crash. Victims may also experience whiplash, herniated discs, and other soft tissue injuries that cause chronic pain and limit mobility.
In addition to physical harm, delivery truck accident victims often face psychological trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD). These injuries can deeply affect a person’s quality of life and ability to return to work.
Given the severity and complexity of these injuries, it’s critical to seek immediate medical care and legal guidance after a delivery truck accident.
Final Thoughts: Don’t Navigate This Alone
Delivery truck accidents are legally complex and often involve powerful corporate players with aggressive legal teams. Determining who is responsible requires a careful review of the driver’s status, company policies, and the specific circumstances of the crash.
If you or a loved one has been injured in a delivery truck accident in California, don’t leave your recovery to chance. An experienced personal injury attorney can help you identify the responsible parties, build a strong case, and pursue the full compensation you deserve.