You hear the doorbell ring. A delivery van just dropped off a package. But for thousands of Houston families each year, those same vans are involved in something far more serious — a crash.

Amazon, FedEx, and UPS vehicles are everywhere on Houston roads. The Woodlands, Sugar Land, Katy, Pearland, and every major neighborhood inside the 610 Loop see dozens of these vehicles daily. More deliveries mean more risk.

When a delivery vehicle hits your car, the question of who is responsible can be surprisingly complicated. These companies often claim their drivers are independent contractors — not employees. They use this to dodge liability. But Texas law does not always let them off that easily.

This article explains how these claims work, what Texas courts look at, and how the Law Office of Domingo Garcia fights to hold the right parties accountable.

The Difference Between Employees and Contractors — And Why It Matters

When a company’s employee causes a crash, the company is usually responsible. This is called vicarious liability — an employer can be held liable for the negligent acts of its workers on the job.

But what about contractors?

Amazon, FedEx, and UPS have structured their delivery networks to rely heavily on independent contractors and third-party delivery companies. Amazon uses a program called Amazon Delivery Service Partners (DSPs) — separate small businesses that hire drivers and run routes on Amazon’s behalf. FedEx Ground uses a similar model with contracted couriers.

These companies argue that because the driver is not a direct employee, they cannot be held responsible for a crash. This defense sounds solid. But in many cases, it does not hold up.

TxDOT reports that Harris County sees thousands of commercial vehicle crashes every year. Many involve delivery vehicles operating under these contractor arrangements. If you have been hurt in one of these crashes, speak with a Houston truck accident lawyer before accepting any settlement offer.

Texas Law: When Contractors Are Treated Like Employees

Texas courts look beyond job titles. They look at control. If the company controls how a driver does their job — not just what they deliver, but how they deliver it — then that driver may legally be treated as an employee.

Here is what courts examine:

Degree of control over the work. Does Amazon dictate the driver’s route, delivery window, uniform, and app usage? If the answer is yes, a court may find the company was acting as an employer in all but name.

Right to terminate. Can Amazon deactivate a driver’s account for poor performance? That power mirrors what an employer has over a worker.

Integration into the business. Are deliveries a core part of Amazon’s business, not just a side task? Courts consider whether the work performed is essential to what the company does.

Amazon has lost several lawsuits across the country where courts found that despite contractor language in their agreements, their level of control over drivers created employer-like responsibility. Texas courts apply similar analysis.

Negligent Entrustment: Another Path to Liability

Even when a company successfully argues the driver is an independent contractor, there is another legal theory that can create liability: negligent entrustment.

Negligent entrustment means the company gave a vehicle — or control over a delivery route — to someone it knew, or should have known, was unfit to drive safely.

This can apply when:

• A delivery service partner hired a driver with a known history of traffic violations
• A company failed to conduct proper background checks
• Drivers were not trained on safe delivery practices
• A company continued using a driver despite complaints or prior incidents

According to the FMCSA, driver-related factors — including distraction, fatigue, and speeding — are present in a significant number of commercial vehicle crashes. Many delivery drivers face unrealistic quotas that push them to drive faster and take more risks. Learn more about how distracted truck drivers contribute to Houston crashes.

If a company pushed a driver to meet 200 stops in eight hours, and that pressure caused the crash, the company bears responsibility — even if the driver was technically a contractor.

Who Might be Liable After a Delivery Vehicle Crash

In a typical delivery crash, there may be multiple parties who share responsibility:

The driver is almost always the starting point. If the driver was speeding, distracted, running a red light, or otherwise negligent, they are personally liable for the crash.

The delivery service partner (DSP) is the small business that actually employs the driver in many Amazon crashes. This company may have hired the driver without proper screening, failed to maintain their vehicle, or pressured drivers to meet unsafe quotas.

Amazon, FedEx, or UPS may be liable directly if they exercised enough control over the driver to create an employment relationship, or if they were negligent in selecting and overseeing the DSP they contracted with.

The vehicle owner matters too. If the van was owned by the DSP, Amazon, or a leasing company, that ownership may create additional liability paths.

Texas law allows you to pursue all potentially liable parties at once. Our attorneys investigate every link in the chain to make sure no one escapes accountability. For more on how commercial vehicle crashes differ from standard car accidents, see our guide: What Makes Truck Accidents Different from Car Accidents.

Evidence That Wins These Cases

Delivery vehicle crashes leave more evidence than most people realize. Acting quickly is critical.

Telematics and GPS data. Amazon, FedEx, and UPS vehicles are tracked constantly. This data shows the vehicle’s speed, location, hard braking events, and acceleration in the moments before a crash. This data can be overwritten or deleted — our attorneys send preservation letters immediately.

Delivery app records. The driver’s app logs every scan, every stop, every timestamp. If a driver was 40 stops behind schedule, those records show the pressure they were under.

Driver qualification files. Federal regulations require delivery companies and their DSPs to maintain records on every driver — including driving history, background checks, drug tests, and training records. FMCSA regulations apply to commercial vehicles above certain weight thresholds, and many delivery vans qualify.

Dashcam footage. Many delivery vehicles have forward-facing cameras. This footage is often not preserved unless a formal demand is made quickly.

Witness statements and traffic camera footage. Houston’s freeway system and major intersections are monitored by cameras. Our team knows how to request this footage before it is erased.

The most dangerous roads in Houston see heavy delivery traffic alongside 18-wheelers. Evidence disappears fast. The sooner you call, the more we can preserve.

Our Commercial Case Medical Management Team

A crash with a delivery van can cause serious injuries — broken bones, herniated discs, traumatic brain injuries, and soft tissue damage that does not show up until days later.

Our Commercial Case Medical Management Team coordinates your care from day one. Our registered nurses schedule appointments with the right specialists, arrange transportation, and document your injuries in detail. This documentation is essential for building a strong claim against a well-funded company with corporate lawyers on their side.

While our medical team coordinates your recovery, our attorneys gather evidence, send preservation demands, and investigate every party in the chain. You focus on healing. We handle everything else.

How Insurance Works in Delivery Driver Crashes

Here is where things get complicated again.

A driver using their personal vehicle for deliveries may find that their personal auto insurance denies coverage — because personal policies often exclude commercial use.

Amazon has responded to this by providing liability insurance for drivers while they are logged into the app and making deliveries. Coverage limits vary. Amazon’s policy may be the primary policy, or it may kick in only after a personal policy is exhausted.

FedEx Ground contractors are required to carry their own commercial auto insurance. UPS drivers are typically full employees covered under UPS’s corporate policy.

What this means for you: the insurance picture in a delivery crash is rarely simple. Multiple policies may apply. Companies and insurers will argue about which policy is primary. Our attorneys untangle this on your behalf and make sure every available dollar of coverage is pursued.

Do not talk to the company’s insurance adjuster without legal representation. Call us first at (713) 349-1500.