Hurt in a FedEx Contractor Van Crash? Find Out Who May Be Responsible

If you were hurt in a FedEx contractor delivery van accident in Florida, you may ask, “Who pays?” The short answer is that more than one party may share responsibility. The driver, the company that employs the driver, and in some cases FedEx itself may each be part of the picture. Insurance from more than one company may also be involved.

This page explains how these claims generally work in Florida. It covers the rules that matter most. It also covers what to do next.

What Is a FedEx Contractor Delivery Van, and Who Drives It?

Many FedEx delivery vans in Florida are driven by people who work for a separate contractor company. They do not work for FedEx directly.

FedEx uses a structure it calls the Independent Service Provider, or ISP. Under this model, FedEx contracts with a separate business. That business is often set up as a limited liability company (LLC), a type of business entity.

The contractor hires the drivers. It assigns their routes. It also manages their daily work.

This setup can be confusing for families. The van may carry FedEx logos. The driver may wear FedEx-branded clothing and say they deliver for FedEx. Yet the driver’s paycheck may come from the contractor.

So the real question is not only whose name is on the van. The real questions are:

• Who hired the driver?
• Who supervised the work?
• Who kept the van in safe condition?

Delivery schedules can be tight. That pressure can matter when investigators look at a crash.

This page covers the general model. Every crash has its own facts. Those facts decide who may be responsible.

Who May Be Responsible After a FedEx Contractor Van Crash?

Several parties may be responsible after a FedEx contractor van crash. FedEx itself may be one of them.

• The driver. Careless driving, distraction, fatigue, or traffic violations can make a driver liable.
• The contractor company. It may face claims over how it hired, trained, supervised, and equipped the driver. It may also face claims over how it maintained the van.
• FedEx. Claims may be possible based on its relationship with the contractor. They may also be based on the control it held over the work and on its own conduct. Whether those claims apply depends on the facts.
• Others. A vehicle maintenance company or another driver may also have a role.

Under Fla. Stat. § 768.31, when two or more persons are jointly or severally liable in tort for the same injury, there is a right of contribution among them, and their relative degrees of fault are the basis for allocating liability. Relative fault means each person’s share of the blame. § 768.31 says those relative degrees of fault are the basis for dividing liability.

Federal law can matter too. In May 2026, the U.S. Supreme Court held in Montgomery v. Caribe Transport II, LLC that a state-law claim against a broker for negligently hiring an unsafe motor carrier was not preempted by federal law. Preempted means overridden by federal law.

That case involved a broker. How it applies to a delivery contractor is a question to review carefully.

How Insurance Pays for a FedEx Contractor Van Accident

In most Florida crashes, insurance pays the claim. The driver’s personal savings usually do not.

• Commercial auto insurance. The contractor company may carry coverage for its vans and drivers. Policy limits and conditions vary.
• Personal Injury Protection (PIP). Florida requires vehicle owners to keep security that provides PIP benefits. PIP pays certain medical and income benefits after a crash. An owner without that security at the time of a crash is personally liable for those benefits (§ 627.733).
• Bodily injury liability. This coverage pays for injuries the at-fault party causes. It pays up to the policy limits.
• Uninsured and underinsured motorist coverage. These coverages may help when the at-fault party’s insurance is not enough.

Settlements need extra care. Sometimes a settlement will not fully cover your claim. If that happens, you must send written notice of the proposed settlement, by certified or registered mail, to all underinsured motorist insurers that provide coverage. Send it by certified or registered mail. The insurer then has 30 days after receiving the notice to consider authorizing the settlement or retaining subrogation rights (§ 627.727(6)(a)).

Common problems include:

• Disputes over which policy applies
• Limits that fall short of catastrophic medical costs
• Early offers that ignore future care

Keep every insurance letter. Do not sign a release until you understand it. A release is a document that gives up your right to sue. A release signed with one party does not release other liable parties (§ 768.041(1)).

Florida Rules and Deadlines That Affect Your Claim

Florida sets time limits for filing lawsuits. Florida’s limitations statute, § 95.11, governs the time to bring most actions. Contact our firm promptly so deadlines do not pass.

Florida also has a shared-fault rule. In a negligence action to which this section applies, a party found more than 50 percent at fault for their own harm may not recover any damages, but this does not apply to an action for personal injury or wrongful death arising out of medical negligence under chapter 766 (§ 768.81(6)).

For a crash that causes injury or involves a commercial motor vehicle, a Florida Traffic Crash Report, Long Form, must be submitted. It must be submitted within 10 days after the investigation ends (§ 316.066(1)(a)). Each party must also show proof of insurance to the officer.

Evidence that often matters most includes:

• Dash camera or onboard video
• Route, dispatch, and delivery scan records
• Driver hours and logs
• Vehicle inspection and repair records
• Photos, witness names, and the police report

Video and logs can be overwritten or lost. Early requests matter. Talk with a lawyer before giving a recorded statement to any insurer.

What to Expect: Step-by-Step After a FedEx Contractor Van Crash

Most claims move through five steps:

1. Medical care
2. Reporting
3. Legal review
4. Investigation
5. Negotiation or a lawsuit

Here is what each step involves.

1. Get medical care. Follow your doctors’ care. Keep records of every visit, test, and bill.
2. Report the crash. Make sure police respond. Get the crash report number and the other driver’s insurance details.
3. Get a legal review. A personal injury lawyer can review the facts. The lawyer can identify potentially responsible parties. The lawyer can also send requests to preserve video, logs, and records.
4. Investigate and document losses. This covers medical bills, lost income, and how the injury changes daily life.
5. Negotiate or file suit. Many claims resolve with insurers. Others require a lawsuit in court.

No one can promise a timeline. Each stage depends on the injuries, the parties involved, and the evidence.

Compensation for Injuries and for Families Left Behind

Injury claims generally seek money for three things:

• Medical care
• Lost income
• The way an injury changes daily life

Some crashes cause injuries that last a lifetime. Spinal cord injuries, paralysis, traumatic brain injuries, amputations, and severe burns can require long-term care. They may also require equipment and home changes. These needs are part of what a claim may address.

When a crash is fatal, the family may bring a wrongful death claim. A wrongful death claim is a lawsuit brought by the family after a death. Florida law allows damages even though the injured person has died. This applies if the injury would have supported a claim (§ 768.19).

• A surviving spouse may recover for lost companionship and mental pain and suffering.
• Minor children may recover for lost parental companionship, instruction, and guidance.
• Each parent of a deceased minor child may recover for mental pain and suffering (§ 768.21).

These losses are real. Every family’s situation is different. No amount can be promised in advance.

Why Injured Floridians Work With CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based firm. It handles truck accidents, car accidents, catastrophic injury claims, and wrongful death cases for people throughout Florida.

• Igor Hernandez is the responsible lawyer for this page. The firm’s lawyers are licensed and admitted to The Florida Bar.
• Our team handles truck crashes and catastrophic injury matters. These include spinal cord injuries, traumatic brain injuries, and wrongful death.
• We explain each option in plain language, one step at a time.
• Some matters may be referred to, or handled together with, another law firm. If that applies to your case, we will tell you.
• CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions About FedEx Contractor Van Accidents

What if I shared some of the blame?