By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by a delivery truck or van?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
What to do after a delivery truck or van crash in California
- Get medical care the same day.
- Photograph the vehicle, the company name, any USDOT or CA number, the plate and the fleet number. Ask the driver who employs them.
- Ask for the video in writing, fast. Amazon says all Amazon-branded vehicles carry in-vehicle camera safety technology (Amazon). See whether Amazon delivery vans have cameras and truck black box and dashcam evidence.
- Get the police report (how) and hold off on any recorded statement.
- If it was a mail truck, note the date. The two-year federal claim period starts then.
The name on the truck and the driver’s employer can differ
The logo tells you whose packages were inside. The employer of the driver is usually the one whose insurance pays, and the two can differ.
| Company | Who drives, by the company’s own account | Where the claim usually starts |
|---|---|---|
| Amazon (branded vans) | Delivery Service Partners, independent businesses that “hire and manage their own employees” (Amazon) | The DSP and its insurer; Amazon too if it controlled the work. In California, the nondelegable-duty cases below can matter. |
| Amazon Flex | People in their own cars, whom Amazon calls independent contractors. Amazon says its commercial auto policy, with liability coverage, applies outside New York only during an active delivery block (Flex FAQ) | The driver’s policy and the Flex policy |
| FedEx | Employee couriers in some markets; in others, contractors. As of May 31, 2025, Federal Express contracted with about 5,700 small businesses for certain linehaul and pickup-and-delivery work (FedEx 10-K) | FedEx, or the contractor that employed the driver |
| UPS | Mostly its own workforce: about 460,000 employees, about 295,000 of them under U.S. Teamsters agreements, and a fleet of about 125,000 package cars, vans, tractors and motorcycles. UPS says it may also use independent contractors and third-party carriers (UPS 10-K) | UPS, which reports self-insurance and high-deductible programs for injury claims, unless an outside carrier drove |
| USPS | Postal employees, with private suppliers running some routes between plants and post offices (USPS Inspector General) | The United States, through a federal claim, unless a contractor drove |
DHL and regional carriers raise the same questions. A carrier safety record lookup by USDOT number shows whose operating authority a truck runs under. See also Amazon truck accidents in California, FedEx and UPS truck accidents.
Free delivery truck accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
California law on who answers for the driver
A principal “is responsible to third persons for the negligence of his agent in the transaction of the business of the agency” (Civ. Code § 2338). See company vehicle accidents: who is liable. An owner is liable for a permissive driver (Veh. Code § 17150), up to $15,000 per person and $30,000 per accident, but that cap does not apply to liability arising from a principal-agent or master-servant relationship (§ 17151). A rental or leasing company is not liable only because it owns the van, unless it was itself negligent or committed a crime (49 U.S.C. § 30106).
Hiring a contractor does not always end the case. In Eli v. Murphy (1952) 39 Cal.2d 598, a highway common carrier said the hauler who caused a crash was an independent contractor. The California Supreme Court held that “to protect the public from financially irresponsible contractors, and to strengthen safety regulations, it is necessary to treat the carrier’s duties as nondelegable” (Eli opinion). In Serna v. Pettey Leach Trucking, Inc. (2003) 110 Cal.App.4th 1475, the Court of Appeal held that an interstate motor carrier operating under a public franchise or authority was liable for harm caused by its independent contractor’s negligence (Serna opinion). Whether that reaches a given delivery company depends on whose operating authority the truck ran under.
California bars anyone from contracting with a motor carrier of property that lacks a valid permit (Veh. Code § 34620(b)). And a contract label is not the last word. In Alexander v. FedEx Ground Package System, Inc., 765 F.3d 981 (9th Cir. 2014), a wage case, the Ninth Circuit held that California drivers under the FedEx Ground operating agreement at issue were employees as a matter of law under California’s right-to-control test (Alexander opinion).
Insurance and why the size of the vehicle matters
Federal trucking rules turn on weight. A “commercial motor vehicle” includes a vehicle used on a highway in interstate commerce to carry property that has a gross vehicle weight rating of 10,001 pounds or more (49 C.F.R. § 390.5). For-hire carriers of ordinary freight in that class must carry at least $750,000 in public liability coverage (49 C.F.R. § 387.9). Those federal insurance rules do not apply to a vehicle rated under 10,001 pounds unless it carries certain hazardous materials (§ 387.3(c)). A box truck can fall under the federal minimum while a lighter cargo van does not.
California fills part of that gap. Its Vehicle Code counts “any other motor vehicle used to transport property for compensation” as a commercial motor vehicle (Veh. Code § 34601(c)). A motor carrier of property must carry at least a $750,000 combined single limit, or $300,000 if it operates only vehicles under 10,000 pounds gross vehicle weight rating (§ 34631.5(a)). A driver in a personal car needs at least $30,000 / $60,000 / $15,000 on policies issued or renewed since January 1, 2025 (Veh. Code § 16056); your own underinsured motorist coverage may fill a gap.
Federal safety rules count a contractor driving a commercial vehicle as an “employee” (§ 390.5), and limit property-carrying drivers to 11 hours of driving after 10 hours off duty (49 C.F.R. § 395.3). See hours-of-service logs.
Mail trucks: the federal claim comes first
The Federal Tort Claims Act governs tort claims arising out of Postal Service activities (39 U.S.C. § 409(c)). You cannot sue until you have presented the claim to the agency and it has been finally denied in writing. If the agency does not decide within six months, you may treat that as a denial (28 U.S.C. § 2675(a)). The claim must be presented in writing within two years after it accrues, and suit must be filed within six months after the agency mails its notice of final denial (§ 2401(b)).
A claim is presented when the Postal Service receives a Standard Form 95 or other written notice with a demand for money damages “in a sum certain” (39 C.F.R. § 912.5; SF-95). You generally cannot later sue for more, absent newly discovered evidence or intervening facts (§ 2675(b)). See USPS mail truck accidents.
The case runs against the United States. The federal remedy is exclusive of any suit against the postal employee (§ 2679(b)(1)), and California negligence law decides liability because the United States answers as a private person would under “the law of the place where the act or omission occurred” (28 U.S.C. § 1346(b)(1)). A judge decides the case without a jury (§ 2402), with no punitive damages or interest before judgment (§ 2674).
The Act’s definition of federal agency “does not include any contractor with the United States” (28 U.S.C. § 2671), so a crash with a mail contractor’s truck is a claim against that company under the state deadline.
California deadlines and shared fault
| Claim against | Deadline | If you were partly at fault |
|---|---|---|
| Delivery company, contractor or driver | 2 years to sue (Code Civ. Proc. § 335.1) | Your award is reduced by your share and never barred (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804) |
| The United States, for a postal employee | Written claim within 2 years; suit within 6 months after a mailed final denial (28 U.S.C. § 2401(b)) | California law applies through § 1346(b)(1) |
For a death claim, see the California wrongful death deadline. For how fault is split, see comparative fault in California, Texas and Washington.
Delivery and box truck crashes in California
In September 2026, a motorcyclist was killed in a collision with a FedEx delivery truck on Glen Oaks Road near Bella Vista Road, east of Temecula. CHP was still investigating (our report on the Temecula crash). In October 2026, a box truck heading east on Air Expressway in Adelanto allegedly struck a pedestrian with its driver-side mirror, and the man died at the scene (our report on the Adelanto crash). See box truck accidents and hit by a truck while walking or biking.
California recorded 4,061 traffic deaths and 16,760 serious injuries in 2023 (OTS FY 2025 Annual Report). We take cases statewide, including Los Angeles and Adelanto truck accidents.
Related pages
- Texas delivery truck accident lawyer
- Washington delivery truck accident lawyer
- California truck accident lawyer
- Amazon delivery van accidents and owner-operator or company driver: who pays
- California car accident lawyer and California pedestrian accident lawyer
- California wrongful death lawyer
Common questions
Can I sue Amazon if an Amazon delivery van hit me in California?
The claim usually starts with the Delivery Service Partner that employed the driver, since Amazon says DSPs hire and manage their own employees. Amazon can be added when the facts show it controlled the work or the vehicle.
What if the Amazon driver was using a personal car?
That is usually Amazon Flex. Amazon says its Flex liability coverage applies outside New York only during an active delivery block. The driver’s own policy also applies.
Who pays when a FedEx truck hits me?
It depends on who employed the driver. FedEx uses its own couriers in some markets and contractors in others. If a contractor’s driver caused the crash, the claim starts with that contractor and its insurer.
How long do I have after a crash with a USPS mail truck?
You must present a written claim to the Postal Service within two years, usually on Standard Form 95 with a specific dollar amount. If the claim is denied, you have six months from the mailing of the denial to sue the United States in federal court.
Can I sue the mail carrier personally?
No. When a postal employee was acting within the scope of employment, the federal claim against the United States is the only remedy for that crash.
Does a small delivery van have to carry the $750,000 federal minimum?
Not under federal rules if it is rated under 10,001 pounds. California requires motor carriers of property to carry $750,000, or $300,000 if they run only vehicles under 10,000 pounds.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
California delivery truck accident lawyer — Beverly Law
Hit by a delivery truck or van? Tell us whose name was on the side and we will work out who employed the driver and which deadline applies. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Civ. Code § 2338
- Cal. Veh. Code § 17150
- Cal. Veh. Code § 17151
- Cal. Veh. Code § 16056
- Cal. Veh. Code § 34601
- Cal. Veh. Code § 34620
- Cal. Veh. Code § 34631.5
- Cal. Code Civ. Proc. § 335.1
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- Eli v. Murphy (1952) 39 Cal.2d 598
- Serna v. Pettey Leach Trucking, Inc. (2003) 110 Cal.App.4th 1475
- Alexander v. FedEx Ground Package System, Inc., 765 F.3d 981 (9th Cir. 2014)
- 49 C.F.R. § 390.5
- 49 C.F.R. § 387.3
- 49 C.F.R. § 387.9
- 49 C.F.R. § 395.3
- 49 U.S.C. § 30106
- 39 U.S.C. § 409
- 28 U.S.C. § 1346
- 28 U.S.C. § 2401
- 28 U.S.C. § 2402
- 28 U.S.C. § 2671
- 28 U.S.C. § 2674
- 28 U.S.C. § 2675
- 28 U.S.C. § 2679
- 39 C.F.R. § 912.5
- GSA, Standard Form 95
- USPS Office of Inspector General, “As Needed” Highway Contract Routes, Report 21-022-R21 (July 16, 2021)
- Amazon, Everything you need to know about Amazon’s Delivery Service Partner program
- Amazon Flex, Frequently asked questions
- FedEx Corp., Form 10-K for fiscal year ended May 31, 2025
- United Parcel Service, Inc., Form 10-K for 2025
- California Office of Traffic Safety, FY 2025 Annual Report
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.