Hurt in a Crash With a FedEx Ground Contractor Driver? You Do Not Have to Figure It Out Alone

If a FedEx Ground contractor driver hurt you or someone you love, you may still have a claim. The driver’s employer on paper is only one piece of the picture. Under Florida law, several parties can share responsibility for a crash. The answer depends on the facts.

What a FedEx Ground Contractor Driver Accident Is

A FedEx Ground contractor driver accident is a crash involving a delivery truck. The driver works for an independent business, not for FedEx itself. Many FedEx Ground routes work this way. The contractor owns or leases the truck and hires the driver.

The truck often carries FedEx markings. Because of this, many people assume FedEx is responsible. They may never check who actually employs the driver or owns the vehicle.

This page is for:

• Drivers and passengers hurt in a crash with a FedEx Ground truck
• Other motorists and pedestrians struck by one
• Families of someone who was seriously hurt or killed

The questions here apply to crashes in Florida. The answers depend on who controlled the driver, the truck, and the route.

Why “Not a FedEx Employee” Does Not End the Question

A driver’s job title is only one clue. Courts look at the whole working relationship. That includes the driver, the contractor, and the delivery company.

The control question matters most. Ask who:

• Set delivery schedules and routes
• Required uniforms, logos, or vehicle markings
• Set safety rules or training standards
• Could discipline or fire the driver

A contractor can also be responsible for its own choices. For example, hiring or keeping an unsafe driver can create liability apart from what happened on the road. In these claims, an owner who lends or assigns a vehicle to an unfit driver can be held liable.

Whether an injured person has a claim against a particular party often depends on the facts of the accident and each party’s role in it. Those rights come from the facts of the crash and Florida law.

Who May Be Responsible for Paying Your Claim

Several parties may be responsible. They include:

• The driver, for careless or unsafe driving
• The contractor, for how it hired, trained, supervised, or maintained the truck
• FedEx Ground, depending on the control and claim theory in the case
• The insurers covering each of those parties

More than one party can be responsible at the same time. Florida does not make each defendant pay the full amount. Instead, the court enters judgment against each party based on that party’s percentage of fault. In other words, each party pays its own share. Under Fla. Stat. § 768.81, in a negligence action the court enters judgment against each party liable on the basis of that party’s percentage of fault and not on the basis of the doctrine of joint and several liability. The section does not apply to any action brought to recover actual economic damages resulting from pollution, to any action based upon an intentional tort, or to any cause of action as to which joint and several liability is specifically provided by chapter 403, chapter 498, chapter 517, chapter 542, or chapter 895. Under Florida’s apportionment statute, Fla. Stat. § 768.81(3), in a negligence action the court enters judgment against each liable party based on that party’s percentage of fault, not on the doctrine of joint and several liability.

Florida’s comparative fault rule also matters if you share some blame (Fla. Stat. § 768.81(6)). Under the same subsection, in a negligence action a party 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. That changes if you are found more than 50 percent at fault for your own harm. Then it can bar all damages.

Federal rules also apply to trucks that carry property. The federal government requires motor carriers to meet minimum levels of financial responsibility. This means the least insurance a trucking company must carry. The coverage applies to public liability, property damage, and environmental restoration. Finding each insurer early helps protect a claim.

What a Claim Can Cover, Including Wrongful Death

A claim can seek money for the losses a crash causes. These losses generally fall into two groups.

Economic damages (money losses) can include:

• Past and future medical bills
• Lost wages and lost earning ability
• Out-of-pocket costs, such as equipment or home changes after a serious injury

Non-economic damages (human losses) can include pain and suffering, loss of enjoyment of life, and emotional distress. These losses matter a great deal after catastrophic injuries. Examples include spinal cord injuries, brain injuries, amputations, and severe burns.

When a crash causes death, Florida provides a separate path. The Florida Wrongful Death Act governs these claims. The decedent’s personal representative brings the action. This is the person who manages the deceased person’s estate. The action is for the survivors and the estate.

Florida’s wrongful death damages statute lists what survivors may recover. These include:

• Lost support and services
• A surviving spouse’s loss of companionship
• Mental pain and suffering

Minor children may recover for lost parental guidance. Each parent of a deceased minor child may recover for mental pain and suffering. A survivor who paid medical or funeral bills may recover those costs.

Our site also has pages on FedEx truck accident settlement value and wrongful death in Florida. They go into more detail. No one can say in advance what any claim is worth.

What to Expect: The Claim Process Step by Step

The process usually starts with a free, confidential first consultation. From there, the work moves in clear stages:

1. Consultation. We review the crash, the injuries, and who may own and operate the truck.
2. Investigation. We request the police crash report, the driver’s logs and employment records, the contractor agreement, and insurance information.
3. Identifying responsible parties. We identify every party and insurer. Then we send formal notice of the claim.
4. Demand and negotiation. We review the medical picture and future care needs before we make a demand.
5. Litigation, if needed. If a fair resolution is not reached, a lawsuit may follow. That can include depositions (sworn questioning outside of court) and testimony from medical and accident reconstruction professionals.

Florida deadlines apply to these claims. They can be short. Timing matters from the first days after a crash. If you are worried about a deadline, contact a lawyer promptly.

Evidence to Protect in the First Days

The most useful evidence is often the evidence that disappears first. Start with these items:

• Photos of the scene, the damage, and the truck’s markings, company name, DOT number, and license plate
• The crash report number and the names and contact details of witnesses
• Video from nearby vehicles, homes, or businesses. Video can be overwritten quickly.
• Medical records and a written list of treatment, symptoms, and missed work. Follow your doctors’ care.
• Delivery paperwork or messages that show which company the driver worked for

Florida requires a written crash report for crashes involving injury. It must be submitted within 10 days after the investigation is completed. The parties, their legal representatives, and their insurers can access it.

Trucking companies must keep driver records. Each driver must record duty status for each 24-hour period. Duty status shows whether the driver was driving, working, or resting. The company must keep those records and supporting documents for at least 6 months from receipt. Federal rules also require post-accident testing in certain crashes. This means drug and alcohol testing after qualifying crashes.

Be careful with insurers. Do not give a recorded statement to an insurance company before you speak with a lawyer.

Why Work With CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It handles truck accident claims, including FedEx truck accident claims. It also handles catastrophic injury and wrongful death cases.

Igor Hernandez is the responsible lawyer for this page. The firm’s lawyers are licensed to practice law in Florida and admitted to The Florida Bar.

The firm serves clients throughout Florida, including Miami, Orlando, Tampa, and Jacksonville. It also publishes bilingual English and Spanish educational resources for prospective clients.

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

Some cases may be referred to, or handled together with, another law firm. When that applies, we will tell you.

Common Questions About FedEx Contractor Driver Crashes