What Happens If You Are Hit by a Delivery Driver in Dallas?
Delivery vehicles are everywhere in Dallas.
From residential neighborhoods and apartment complexes to downtown streets, major highways, shopping centers, and business districts, drivers encounter delivery vehicles every day. Amazon vans, FedEx trucks, UPS vehicles, grocery delivery vehicles, restaurant delivery drivers, independent couriers, and other commercial delivery vehicles are constantly moving throughout the Dallas-Fort Worth area.
Most deliveries happen without incident.
But when a delivery driver causes a car accident in Dallas, the situation can become considerably more complicated than a typical two-car collision.
You may be dealing with the driver, a delivery company, an insurance company, an employer, or potentially multiple parties at the same time.
If you have been injured in a Dallas delivery driver accident, understanding what happens next can help you protect your rights and determine whether you may have a personal injury claim.
What Is a Delivery Driver Accident?
A delivery driver accident occurs when a driver transporting goods, packages, food, merchandise, or other items causes a collision or otherwise injures another person.
Delivery vehicle accidents can involve:
Passenger vehicles
Pedestrians
Motorcycles
Bicycles
Commercial vehicles
Delivery vans
Box trucks
Pickup trucks
Semi-trucks
Company vehicles
Independent contractor vehicles
A delivery driver may cause an accident by speeding, distracted driving, texting, failing to yield, running a red light, making an unsafe lane change, following too closely, driving while fatigued, or otherwise failing to operate the vehicle safely.
If you were injured, the important question is not simply whether a delivery driver was involved.
The important question is who may be legally responsible for the accident and your resulting injuries.
Who Is Responsible for a Delivery Driver Accident in Dallas?
This is where a Dallas delivery driver accident can become more complicated than an ordinary car accident.
Depending on the circumstances, potentially responsible parties can include:
The delivery driver
The driver's employer
A delivery company
A logistics company
A contractor or subcontractor
A vehicle owner
A vehicle maintenance company
Another potentially negligent party
Texas law recognizes circumstances in which an employer may be vicariously liable for an employee's negligence when the employee was acting within the course and scope of employment. The Texas Supreme Court has described a two-step inquiry involving the worker's employment status and whether the worker was acting within the course and scope of employment.
That means determining who is responsible for a delivery vehicle accident requires looking closely at the facts.
Was the Driver Working at the Time of the Crash?
One of the most important questions after a delivery driver car accident is whether the driver was acting within the course and scope of employment when the collision occurred.
For example, imagine a delivery driver is actively making deliveries for a company and crashes into another vehicle while traveling between delivery stops.
That situation may raise different legal questions than an employee who is simply commuting to or from work.
Texas courts generally distinguish ordinary commuting from travel performed in furtherance of an employer's business.
The precise circumstances matter.
Where the driver was going, why they were driving, whose vehicle they were operating, what they were doing immediately before the crash, and whether they were performing assigned work can all become relevant.
What If the Delivery Driver Works for a Company?
If the driver was employed by a delivery company and was performing job duties when the accident occurred, the employer may potentially be responsible under Texas law depending on the facts.
This is sometimes referred to as vicarious liability or respondeat superior.
But you should not assume that every accident involving a company vehicle automatically makes the company liable.
The employment relationship and the driver's activities at the time of the accident matter.
A Dallas delivery truck accident attorney can investigate those issues and determine which parties may need to be included in an injury claim.
What If the Delivery Driver Is an Independent Contractor?
Modern delivery services can make employment relationships especially complicated.
Some delivery drivers may be employees. Others may work as independent contractors or through separate businesses.
A company may also use multiple layers of contractors, logistics providers, delivery services, or transportation companies.
The label used by a company does not necessarily answer every legal question.
Texas courts examine factors relevant to the actual relationship between a worker and the alleged employer, including the right to control the details and methods of the work.
That means a delivery driver accident lawsuit in Dallas may require an investigation into the business relationships surrounding the driver and vehicle.
What If an Amazon, UPS, or FedEx Driver Hits You?
Large delivery companies operate extensive fleets and delivery networks, but the legal issues surrounding a specific crash depend on the facts.
If you are hit by an Amazon delivery driver, UPS delivery driver, FedEx delivery driver, grocery delivery driver, or another commercial delivery driver, do not assume that the name on the vehicle automatically tells you who is legally responsible.
The vehicle may be:
Owned by the company
Leased
Owned by a contractor
Operated by an employee
Operated by an independent contractor
Associated with a third-party delivery company
The driver may also be making deliveries for one company while technically employed or contracted through another entity.
This is one reason why identifying the correct parties after a Dallas delivery vehicle accident can be important.
What Should You Do After Being Hit by a Delivery Driver?
If you have been involved in a delivery truck accident in Dallas, take steps to protect yourself and preserve evidence.
1. Get Medical Attention
Your health comes first.
If you have been injured, seek appropriate medical care. Some injuries may not become obvious immediately following a collision.
Keep records of:
Doctor visits
Emergency room treatment
Diagnostic testing
Prescriptions
Physical therapy
Specialist appointments
Medical bills
Follow-up treatment
Medical records can also help document the connection between the accident and your injuries.
2. Call 911 When Appropriate
If the accident involves injuries, significant property damage, dangerous roadway conditions, or another situation requiring emergency assistance, contact 911.
Texas law authorizes peace officers to investigate certain motor vehicle collisions involving injury, death, or apparent property damage of at least $1,000.
A police investigation may also generate information that becomes relevant to an insurance claim or personal injury case.
3. Get the Delivery Driver's Information
If it is safe to do so, collect information from the driver.
Try to obtain:
Driver's name
Driver's license information
Phone number
Insurance information
License plate number
Vehicle information
Employer or company name
Delivery company name
If the driver is operating a company vehicle, photograph the vehicle and any company logos or identifying information.
4. Photograph the Accident Scene
Take photographs of the:
Damage to your vehicle
Delivery vehicle
License plates
Roadway
Traffic signals
Traffic signs
Skid marks
Debris
Surrounding area
Visible injuries
If you can safely do so, photograph the delivery vehicle from multiple angles.
5. Look for Witnesses
Witnesses can be particularly valuable in a Dallas delivery driver accident claim.
If someone saw the delivery driver:
Run a red light
Change lanes improperly
Text while driving
Speed
Fail to yield
Drive aggressively
Strike your vehicle
Leave the scene
ask for their contact information if it is safe to do so.
6. Preserve Video Evidence
Dallas is filled with businesses, residences, parking lots, traffic cameras, security systems, and vehicles equipped with dashcams.
Video footage could potentially help establish what happened.
If you believe surveillance footage may exist, notify your attorney as soon as possible so potential evidence can be identified and preserved.
What Evidence Can Prove a Delivery Driver Caused the Accident?
Proving liability in a Dallas delivery accident lawsuit can require more than simply showing that the delivery vehicle hit you.
Potential evidence may include:
Police Reports
The responding officer's report may contain information about the accident, drivers, witnesses, road conditions, citations, and other observations.
Photographs
Photographs can document vehicle positions, damage, road conditions, and injuries.
Dashcam Footage
Dashcam video may show the moments immediately before and during the collision.
Surveillance Video
Nearby businesses, homes, parking facilities, and other properties may have captured the accident.
Driver Statements
Statements made by the delivery driver immediately after the collision may become relevant.
Cellphone Records
If distracted driving is suspected, cellphone evidence may potentially help establish whether a driver was using a phone around the time of the accident.
Delivery Records
Delivery routes, timestamps, assignments, and other business records may help establish what the driver was doing at the time of the crash.
Electronic Vehicle Data
Depending on the vehicle, electronic systems may contain information potentially relevant to the collision.
Employment Records
If the driver's employment status is disputed, records concerning the relationship between the driver and company may become important.
The exact evidence available will depend on the accident.
What If the Delivery Driver Was Texting?
Distracted driving is a major concern in delivery vehicle accidents.
Delivery drivers may spend hours on the road while navigating between multiple destinations. A driver may use a cellphone for communication, navigation, delivery instructions, or other work-related activities.
But using a phone while driving can create serious safety risks.
If a distracted delivery driver causes your Dallas accident, evidence of cellphone use may become relevant to establishing negligence.
Do not assume that you have to prove the driver received a citation for cellphone use in order to pursue a civil claim.
A civil personal injury case and a traffic citation are separate matters, and the evidence necessary to establish civil liability depends on the circumstances.
What If the Delivery Driver Was Speeding?
Delivery schedules can create pressure to complete multiple stops quickly.
But a delivery deadline does not excuse unsafe driving.
If a delivery driver was speeding or driving too fast for the circumstances and caused an accident, that conduct could become relevant to determining negligence.
Evidence may include:
Witness statements
Dashcam footage
Traffic cameras
Accident reconstruction
Vehicle data
Skid marks
Damage patterns
Police observations
A Dallas car accident attorney can investigate the available evidence to determine how the collision occurred.
What If You Were Hit by a Delivery Truck?
A collision involving a larger delivery truck or box truck can create significantly different risks than a typical passenger-vehicle collision.
Larger commercial vehicles can cause substantial damage and serious injuries because of differences in vehicle size and weight.
A Dallas delivery truck accident may involve additional questions concerning:
Driver qualifications
Vehicle maintenance
Company policies
Delivery schedules
Driver training
Hours of operation
Vehicle ownership
Employment relationships
Insurance coverage
Potentially responsible companies
If your injuries are serious, identifying all potentially responsible parties can become especially important.
What Damages Can You Recover After a Dallas Delivery Driver Accident?
If another party is legally responsible for causing your injuries, you may be able to pursue compensation for certain damages.
Depending on the circumstances, damages may include:
Medical expenses
Future medical expenses
Lost wages
Loss of earning capacity
Property damage
Physical pain
Mental anguish
Physical impairment
Disfigurement
Other damages recognized under Texas law
The amount and type of compensation available will depend on the facts of the accident and the nature of your injuries.
A Dallas personal injury lawyer can evaluate your circumstances and explain which damages may potentially apply.
What If the Delivery Company Says Its Driver Was Not an Employee?
This is an important issue in many modern delivery accident cases.
A company may claim that the driver was an independent contractor rather than an employee.
That does not necessarily end the analysis.
Texas courts consider the actual nature of the relationship, including the right to control the progress, details, and methods of the work when determining employment status for vicarious-liability purposes.
Other contractual or negligence theories may also need to be evaluated depending on the circumstances.
This is why you should avoid assuming that the first company name you see on a delivery vehicle is necessarily the only potentially responsible party.
What If the Delivery Driver Leaves the Scene?
A delivery driver who causes an accident and leaves without stopping can turn a difficult situation into a hit-and-run investigation.
If you are injured in a Dallas delivery driver hit-and-run accident, call law enforcement and provide as much information as possible.
Try to remember or record:
Vehicle make
Vehicle model
Vehicle color
License plate
Company logo
Vehicle number
Driver description
Direction of travel
Delivery markings
Time and location of the accident
Witnesses and surveillance footage may become particularly important in a hit-and-run investigation.
Should You Talk to the Delivery Company's Insurance Company?
You should be careful when communicating with an insurance company after a serious accident.
The insurer may ask you questions about:
How the accident happened
Your injuries
Your medical history
Your treatment
Your ability to work
Your activities
Your prior accidents
You should provide accurate information, but you do not need to speculate about facts you do not know.
If you suffered significant injuries, consider consulting a Dallas delivery accident lawyer before making statements that could affect your claim or signing a settlement agreement.
Do Not Rush to Accept a Settlement
An insurance company may offer money soon after an accident.
That can be tempting, especially when medical bills are arriving and you have missed work.
But you may not yet know the full extent of your injuries or future medical needs.
Once a settlement is accepted and a release is signed, you may give up the ability to pursue additional compensation for the same accident.
Understand what you are giving up before accepting a settlement.
How Long Do You Have to File a Delivery Driver Accident Lawsuit in Texas?
Texas generally requires many personal injury lawsuits to be filed within two years after the cause of action accrues. Texas Civil Practice and Remedies Code §16.003 also provides a two-year limitations period for many claims involving injuries resulting in death.
There can be exceptions and different deadlines depending on the circumstances.
That is one reason you should not wait until the deadline is approaching to speak with a Dallas personal injury attorney.
Important evidence may become harder to obtain as time passes.
Why Delivery Driver Accident Cases Can Be Complicated
A normal car accident may involve two drivers and two insurance companies.
A Dallas delivery vehicle accident can involve significantly more moving pieces.
There may be:
A delivery driver
An employer
A contractor
A logistics company
A vehicle owner
Multiple insurance policies
Employment agreements
Delivery records
Electronic data
Surveillance footage
Witnesses
Determining who is responsible may require an investigation beyond what you can accomplish through an ordinary insurance claim.
The Texas Supreme Court has recognized that employer vicarious liability can depend on both the worker's employment status and whether the worker was acting within the course and scope of employment.
That makes identifying the correct parties an important part of investigating a serious delivery driver accident.
What Should You Do If You Are Hit by a Delivery Driver in Dallas?
If you are involved in a Dallas delivery driver accident, remember these steps:
Get medical attention.
Call 911 when appropriate.
Document the accident scene.
Get the driver's information.
Photograph the delivery vehicle and company markings.
Collect witness information.
Preserve dashcam and surveillance evidence.
Keep all medical and accident-related records.
Be careful when speaking with insurance companies.
Consider speaking with a Dallas personal injury attorney if you were seriously injured.
Injured by a Delivery Driver in Dallas? Know Your Options.
A delivery driver accident can leave you dealing with much more than a damaged vehicle.
You may be facing medical treatment, lost income, insurance disputes, property damage, and uncertainty about who is ultimately responsible.
The answer may not always be as simple as filing a claim against the driver's personal insurance policy.
Depending on the circumstances, the delivery company, employer, contractor, vehicle owner, or other parties may need to be investigated.
If you or a loved one has been seriously injured in a Dallas delivery driver accident, The J. Bock Firm can investigate the circumstances surrounding your collision and help you understand your potential legal options.
From Dallas car accidents and commercial vehicle collisions to serious personal injury and complex litigation, our approach is built around preparation, strategy, and aggressive representation.
Tactical. Aggressive. Bold.
This article is intended for general informational purposes only and does not constitute legal advice. Every accident and personal injury claim is different. Texas laws and deadlines can change, and exceptions may apply. If you have been injured in a delivery vehicle accident, consult a qualified Texas attorney regarding your specific circumstances.