Atlanta Delivery Vehicle Accident Lawyer: Amazon, FedEx, UPS and Food Delivery Crashes

Who Employed the Driver

Delivery companies do not all staff their routes the same way. Some drivers are employees of the company whose name is on the package. Others work for a separate business that contracts with that company, and many app-based couriers are independent contractors who drive their own cars.

This matters because Georgia law generally makes an employer responsible for an employee’s negligence when the employee is acting within the scope of the employer’s business (O.C.G.A. § 51-2-2). A company is generally not responsible for the negligence of an independent contractor (O.C.G.A. § 51-2-4). There are exceptions, including when the company keeps the right to direct or control the time and manner of the work (O.C.G.A. § 51-2-5).

Whose Insurance May Apply

Depending on who employed the driver, the insurance that pays may belong to the delivery company, a contractor that hires its own drivers, the driver personally or an app company whose coverage depends on what the driver was doing at the moment of the crash. More than one policy can apply. Your own uninsured motorist coverage may also help if the at-fault coverage is not enough.

When Federal Commercial Vehicle Rules Apply

Federal safety rules treat a vehicle as a commercial motor vehicle when it is used on a highway in interstate commerce and has a weight rating or weight of 10,001 pounds or more, among other categories (49 CFR 390.5). Large parcel trucks and tractor-trailers that cross state lines often meet that test. A personal car used for food delivery does not.

When the rules apply, they cover driver qualifications (49 CFR part 391), hours of service (part 395) and inspection, repair and maintenance (part 396). Records kept under those rules can show whether a carrier followed them. Our Atlanta truck accident attorney page explains truck cases in more detail.

Amazon packages reach Atlanta homes in several ways. Amazon-branded vans are often driven by employees of Delivery Service Partners, which are separate companies that contract with Amazon. Amazon Flex drivers are independent contractors who deliver in their own vehicles. Amazon also moves freight with outside trucking companies.

Each setup points to a different employer and a different insurance policy. Our Atlanta Amazon delivery accident attorney page explains each one and the evidence that matters.

FedEx

FedEx Ground contracts with independent businesses, which FedEx calls service providers, for pickup and delivery work. FedEx says these service providers employ their own personnel and must obtain their own insurance coverage. After a crash with a FedEx truck, the driver’s employer may be a local contracting company rather than FedEx itself.

UPS

UPS generally delivers packages with its own employee drivers, and UPS says about 300,000 of its employees are represented by the Teamsters. When a UPS employee causes a crash while working, UPS and its insurer are usually the focus of the claim.

Whatever logo is on the truck, it is worth confirming who employed the driver and who owned the vehicle. Larger parcel trucks used across state lines may also fall under the federal rules described above.

Drivers for Uber Eats, DoorDash and similar apps are usually independent contractors using their own cars. The apps publish their own insurance policies, and those policies tie coverage to the driver’s status in the app, such as offline, waiting for an order or on an active delivery. A crash a few minutes before or after an order can be covered very differently.

The driver’s personal auto policy may exclude delivery work, which can make your own coverage an important source of payment. Our Atlanta food delivery accident attorney page explains how these policies work.

If it is safe, move out of traffic and call 911. Ask for a police report, and get medical care promptly even if you feel fine.

Photograph the vehicles, the license plate and any company name, logo or DOT number. Ask the driver who they work for and, for app drivers, which app they were using. Get the names and phone numbers of witnesses.

Delivery companies may hold video, route data and app records that show what happened. That evidence can be lost, so a prompt written request to preserve it can matter. Before you give a recorded statement to a company’s insurer, consider talking with a lawyer.

Georgia generally gives you two years from the date of the crash to file a lawsuit for personal injuries (O.C.G.A. § 9-3-33). Evidence held by delivery companies can disappear long before that deadline, so it helps to act early.

If you were partly at fault, you can still recover as long as you are less than 50 percent responsible, and your compensation is reduced by your share of the fault (O.C.G.A. § 51-12-33).

Delivery crash claims often involve several companies and insurers. Jonathan Flack can help identify who employed the driver, which policies may apply and what evidence to preserve, and you work with him directly. We handle motor vehicle injury cases across Georgia.

Call or text (678) 653-0309, or reach us through our contact page.

Flack Injury Law is at 1201 W Peachtree St NW, Suite 2300, in Midtown Atlanta. Reading this page or contacting the firm does not create an attorney-client relationship.