Hurt in a FedEx Delivery Truck Crash? Learn Who May Be Sued

Why Who Can Be Sued Matters After a FedEx Delivery Truck Crash

More than one party can be responsible after a FedEx delivery truck crash. Knowing who they are can help you protect your rights. It can also help you decide what to do next.

If a FedEx delivery truck hurt you or someone you love, the list of people to consider may be longer than you expect. It may include:

• The driver
• The company that employs or contracts with that driver
• Other drivers on the road
• Businesses that loaded or repaired the truck

This page explains each group in plain language. You will learn how Florida divides fault. You will also learn which deadlines apply. You will see which records help identify the right defendants. A defendant is the person or company that can be sued. The page also describes what usually happens after a first call.

This is general information. It is not legal advice for your situation. Every crash has its own facts.

The Driver: The Person Behind the Wheel

The driver can be named when his or her careless actions caused or added to the crash. Common examples include:

• Running a red light
• Failing to stop in time
• Backing into traffic
• Driving while distracted
• Driving while impaired

Fatigue is another issue. Commercial drivers must record their duty status for each 24-hour period. Duty status is recorded as off duty (other than in a sleeper berth), off duty in a sleeper berth, driving, or on duty not driving. These records can show how long a driver had been working.

Federal rules on duty status records also bar drivers and motor carriers from tampering with electronic logging devices so that the device does not accurately record and retain required data. Tampering can stop these devices from recording accurately.

The driver’s own auto insurance and the commercial policy covering the trip may both come into play. The police report and witness statements often identify the driver first. Write down the driver’s name, the truck number, and any company name on the vehicle.

The Companies Behind the Route: FedEx and the Contracting Business

Whether a company such as FedEx can be named in a truck crash claim depends on the facts of each case, including who employed the driver and who controlled the vehicle. Many FedEx delivery routes are run by independent contractors or small businesses. That status changes who can be named.

Respondeat superior is a legal term for one way an employer may be held responsible for an employee’s conduct. This rule holds an employer liable for an employee’s negligence. Negligence means careless acts within the scope of the job. Lawyers often call this vicarious liability. Legal terms such as vicarious liability describe situations where one party may be held responsible for another’s conduct, and how this applies depends on the facts of each case.

A company can also face claims over its own choices. Florida courts have recognized negligent hiring, retention, and supervision claims. These claims ask whether the company knew or should have known about a driver’s unfitness. They also ask whether the company failed to act.

Claims may also target dispatch schedules or vehicle maintenance decisions. Federal trucking rules add duties for motor carriers. Under 49 C.F.R. § 390.11, whenever part 325 of subchapter A or this subchapter prescribes a duty for a driver or imposes a prohibition upon the driver, the motor carrier must require the driver to observe it.

Other Parties That May Share Responsibility

Other parties can share fault when their own actions contributed to the crash. Each party’s share is judged separately. That is why the full list of people involved matters.

• Other drivers who merged into the truck, cut across lanes, or braked suddenly.
• Repair shops that worked on the truck when brake, tire, steering, or lighting problems played a role.
• Loading companies that placed cargo improperly or overloaded the truck. This can affect braking and stability.
• Parts makers when a defect made injuries worse. These are sometimes called crashworthiness claims. A crashworthiness claim says a part made injuries worse than they would have been.
• Government entities responsible for dangerous road conditions.

How Florida Fault and Deadlines Work

Florida reduces compensation by the injured person’s own share of fault. Under Fla. Stat. § 768.81, in a negligence action a person found greater than 50 percent at fault for his or her own harm may not recover any damages, but this does not apply to personal injury or wrongful death claims arising out of medical negligence under chapter 766.

Florida also divides damages by each party’s percentage of fault. The court enters judgment against each liable party based on that party’s share. It does not make each party pay the whole amount. That is why naming the right defendants matters.

For most Florida negligence claims, the deadline to file suit is two years (Fla. Stat. § 95.11(5)(a)). Older claims generally had four years. Government claims and wrongful death cases have their own rules.

Deadlines apply to every case. Contacting a lawyer promptly protects your options.

How Evidence Identifies the Right Defendants

The crash report and trucking company records usually show who can be named.

Fla. Stat. § 316.066 makes these reports immediately available to the parties involved in the crash, their legal representatives, their licensed insurance agents, their insurers, and others listed in the statute, but not for redistribution to anyone not listed.

Company records matter too. Each motor carrier must keep a driver qualification file for each driver it employs. That file includes the driver’s application and motor vehicle records. It can show what the company knew about the driver’s history.

Other evidence can disappear quickly:

• Dash camera video and footage from nearby businesses, which may be overwritten.
• Electronic logging device data and the truck’s event data recorder, which can show speed and braking before impact.
• Photos taken at the scene.

A written preservation request sent early asks the company to keep these records. Your family does not need to gather this evidence alone.

What to Expect: The Steps From First Call to Resolution

Most cases move through a consultation, an investigation, a demand to insurers, and, if needed, a lawsuit. Timelines vary with the injuries, the number of parties, and court schedules.

1. Free, confidential consultation. You share the crash details and documents. There is no obligation to continue.
2. Case review. The firm reads the crash report. It identifies possible defendants, insurers, and deadlines.
3. Investigation. This can include preservation letters, records requests, and review of medical bills and wage records.
4. Demand and negotiation. The firm presents the claim to the responsible insurers. It negotiates if they engage.
5. Lawsuit, if needed. If a fair resolution is not reached, suit can be filed in the appropriate Florida court.

CHG Personal Injury Lawyers charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions

Talk With a Florida Lawyer About Your Family’s Situation

If a FedEx delivery truck crash has left you or a loved one facing medical care, lost work, or grief, you do not have to sort out responsibility alone. Some matters may be referred to, or handled together with, another law firm.

CHG Personal Injury Lawyers is a Florida-based personal injury firm serving clients throughout Florida. Igor Hernandez is the responsible lawyer for this page. Our team can answer your questions in a free, confidential consultation. There is no obligation to continue.

Contact CHG Personal Injury Lawyers to start the conversation.