Hurt in a Crash With a FedEx Contractor Driver? You Do Not Have to Figure Out Who Is Responsible Alone

A crash with a FedEx delivery truck can lead to claims against more than one party. Those parties may include the driver. They may include the company that employs the driver. In some cases, FedEx itself may be included.

If you were hurt in a FedEx contractor driver accident in Florida, the facts of your crash decide who is named. This guide explains how those facts are sorted out. It also covers what a claim can include. It explains the deadlines that apply under Florida law.

You don’t have to work through these questions alone.

Why a FedEx Truck Crash Can Involve More Than One Company

Many FedEx delivery routes are run by independent delivery companies. Their drivers work for those companies. They do not work for FedEx directly.

That setup can be confusing after a crash. The truck may carry FedEx markings. The package may have a FedEx label. You may not know who hired the driver. You may not know who owns the truck.

A claim can involve the driver, the company that employs the driver, and sometimes FedEx. Each party has a different link to the crash. So each one is reviewed on its own facts.

Start with the facts, not with blame:

• Write down what you remember.
• Save any photos.
• Keep every medical record.

Early notes help. Memories fade. Records get harder to find over time.

Who May Be Responsible: The Driver, the Employer, and FedEx

Three parties may be part of a claim. Each one has a different link to the crash.

The driver. The driver operated the truck. A driver who was speeding, distracted, or exhausted may have acted carelessly. Careless driving is negligence. Many injury claims turn on whether someone acted carelessly, and the specific facts of each situation matter.

The delivery company. Who may be responsible after a delivery vehicle crash depends on the facts of each case, including who employed the driver. A claim may also look at how the company hired, trained, supervised, and kept the driver. These claims ask two questions. Did the company know, or should it have known, about a problem? Did the company fail to act?

The vehicle owner. In some cases, the owner of a vehicle can be part of a claim. This can happen when the owner lets someone else drive it.

FedEx. FedEx may be named when its contracts, route rules, branding, or control over the work link it to the crash. Key questions include:

• Who set the delivery schedule?
• Who controlled the route?
• What did the contracts require?

Our team reviews each of these links with you before anyone is named.

Federal Trucking Safety Rules and Why They Matter

Federal rules require trucking companies to keep specific driver and vehicle records. Those records can matter after a crash.

The Federal Motor Carrier Safety Administration (FMCSA) oversees many of these rules for commercial trucks. Under federal driver qualification file rules, a motor carrier must keep a file for each driver it employs. The carrier keeps that file while the driver works for it. It must also keep the file for three years after.

Two other record types are worth knowing:

• Carriers operating commercial trucks must require electronic logging devices (ELDs) for this, with some exceptions, under hours-of-service rules. An ELD is a device that records a driver’s hours on the road.
• Carriers must keep those reports and repair certifications for three months under inspection report rules. Three months is short. Early action matters.

A missing record or a rule violation can be relevant evidence. These rules are reviewed alongside Florida law and the facts of the crash.

What a Claim Can Cover After a FedEx Contractor Crash

A claim can seek money for the costs and losses the crash caused. These may include:

• Medical care. This includes emergency treatment, surgery, hospital stays, rehabilitation, and future care. Florida’s medical expense evidence law limits proof of satisfied medical bills to the amount actually paid.
• Lost income. This covers wages lost during recovery. It also covers lost earning ability if the injury affects future work.
• Pain and suffering. This includes physical pain, emotional distress, and loss of enjoyment of life.
• Catastrophic injuries. Spinal cord injury, paralysis, traumatic brain injury, amputation, and severe burns can require long-term care, equipment, and home changes.
• Property damage. This covers the vehicle and personal belongings.

If a Crash Causes a Death

When a crash causes a death, Florida has its own damages rules. These are found under Florida wrongful death damages law.

• A surviving spouse may recover for lost companionship and protection, and for mental pain and suffering.
• Minor children, and all children if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
• A survivor who paid medical or funeral bills may recover those costs.

How the Process Works and the Deadlines That Apply in Florida

Most Florida negligence claims generally must be filed within two years. Florida’s limitations statute sets how much time you have to file. Wrongful death claims have their own deadline under the same statute.

Early contact gives you more time to gather evidence.

1. Free, confidential first consultation. Our team reviews the crash, the parties involved, and your injuries.
2. Evidence gathering. For a crash involving a commercial motor vehicle, a Florida crash report must be completed within 10 days after the investigation ends. The parties can access it. Photos, camera footage, witness names, and trucking records also matter.
3. Insurance review. Federal rules set minimum financial responsibility for for-hire trucks with a gross vehicle weight rating of 10,001 or more pounds carrying nonhazardous property at $750,000 in interstate commerce. See federal insurance minimums.
4. Negotiation. Many injury claims are resolved through negotiation with the insurer rather than a trial, and each case differs. Information about the Florida crash process is available from Florida’s crash guidance. An injured person may pursue a civil action. A civil action is a lawsuit for money damages against the at-fault driver.
5. Lawsuit, if needed. If a fair resolution isn’t reached, a lawsuit can be filed. Timelines vary by case.

How Fault Is Divided in Florida

Florida uses comparative fault (Fla. Stat. § 768.81(6)). Florida uses comparative fault. This means that in a negligence action, each party pays its own percentage of fault, and any party found greater than 50 percent at fault for his or her own harm may not recover any damages, except in medical negligence actions under chapter 766.

Under Florida’s comparative fault statute, in a negligence action to which the statute applies, a party found greater than 50 percent at fault for their own harm may not recover any damages. This does not apply to personal injury or wrongful death claims arising out of medical negligence.

Why Injured Floridians Work With CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based firm. It serves clients throughout Florida, including Miami, Orlando, Tampa, and Jacksonville.

• Responsible lawyer. Igor Hernandez is the responsible lawyer for this page. The firm’s lawyers are licensed in Florida and admitted to The Florida Bar.
• Case types. The firm handles truck accidents, car accidents, catastrophic injuries, and wrongful death. It handles personal injury cases of every severity.
• Bilingual resources. The firm publishes educational content in English and Spanish. Spanish-speaking families can read the same guidance in their own language.
• Fees. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Our team explains each step in plain language. You will know what to expect at every stage.

Frequently Asked Questions and Your Next Step

Here are short answers to questions families often ask after a FedEx contractor truck crash.