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Who employed the driver
A logo on the side of a truck is a good start, but it does not always tell you who employed the driver or who owned the truck. Some package drivers are employees of the brand. Others work for a separate company that owns or leases the trucks and contracts to deliver. The insurance that pays usually follows the employer, so identifying it early keeps the claim on track.
Leasing can add another layer. Under federal law, a rental or leasing company is generally not liable just because it owns a vehicle that a renter crashes, unless the company itself was at fault or committed a crime (49 U.S.C. 30106). Our page on owner-operators vs. company drivers explains how these arrangements affect who pays.
Which trucking rules may apply
The rules depend on the size of the vehicle and the kind of operation. For-hire interstate carriers hauling ordinary freight in vehicles rated at 10,001 pounds or more must carry at least $750,000 in liability coverage (49 C.F.R. 387.9). A property-carrying driver covered by federal hours-of-service rules may drive at most 11 hours after 10 hours off duty and not past the 14th hour on duty (49 C.F.R. 395.3).
Federal rules also bar a driver from operating while too tired or ill to drive safely (49 C.F.R. 392.3). Carriers must keep a driver qualification file with the driver’s application, driving record, road test and medical certificate (49 C.F.R. 391.51). Whether a particular van or truck falls under each rule is something a lawyer checks early, using the vehicle’s markings and the carrier’s records.
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Evidence to protect
Carriers must keep driver duty status records, including electronic logging device data, for six months (49 C.F.R. 395.8). Package trucks may also hold GPS, telematics and delivery scan data that shows speed, stops and timing. A lawyer can send a preservation letter asking the companies to keep all of it. The sooner that letter goes out, the less is lost.
After certain crashes involving a commercial motor vehicle, the employer must test the driver for alcohol and drugs as soon as practicable (49 C.F.R. 382.303). You can also look up the carrier on the federal SAFER Company Snapshot, which shows its USDOT number, safety rating and crash counts (FMCSA SAFER and SMS). See how to look up a safety record.
Private carriers and mail trucks follow different rules
People sometimes mix up package carriers and the Postal Service. A crash with a private company’s truck goes through the usual claim process with that company’s insurer. A crash with a U.S. Postal Service driver is different: it falls under the Federal Tort Claims Act, and an administrative claim must be presented to the agency within two years (28 U.S.C. 2401(b)).
Under that federal process, a lawsuit may be filed only after the agency denies the claim or six months pass without a decision. Our page on USPS mail truck claims covers those rules. If a UPS truck hit you instead, see UPS truck accidents. In every case, write down exactly what was printed on the vehicle.
What to do now
Get medical care right away and keep the records. Photograph the truck, its markings, plate, any truck number and USDOT number, as well as your vehicle and your injuries. Get the driver’s name and the name of the company they say they work for. Write down witness names and the police report number. Keep bills, receipts and claim numbers together.
Do not sign anything from the carrier or its insurer, and do not give a recorded statement before you talk to a lawyer. In California, an injury lawsuit generally must be filed within two years (Code of Civil Procedure 335.1); in Washington, within three (RCW 4.16.080). Call (310) 552-6959 or use the form, and we can help identify the employer and the insurance.
- Photograph the truck, its markings, plate, truck number and USDOT number.
- Ask the driver who they work for and get their insurance information.
- Get witness names and the police report number.
- Get medical care and keep the records.
- Do not sign releases or give recorded statements before getting legal advice.
Common questions
Can I sue FedEx if a FedEx driver hit me?
It depends on who employed the driver and who owned the truck. The claim usually goes against the driver and their employer, which may be the brand on the truck or a separate company that contracts to deliver. A lawyer can sort out the employer and its insurance from the vehicle’s markings and records.
Who pays my medical bills after a FedEx truck crash?
At the end of the claim, the responsible party’s insurance usually pays. Before that, your own MedPay, if you have it, may help with medical bills from a covered crash regardless of fault (MedPay coverage). Your health insurance may also cover care. Keep every bill for your lawyer.
Do federal trucking rules apply to FedEx delivery vans?
It depends on the vehicle’s weight rating and the type of operation. Federal insurance minimums apply to for-hire interstate carriers in vehicles rated at 10,001 pounds or more, and other federal rules have their own tests for which vehicles they cover. A lawyer can check which rules applied to the vehicle that hit you.
What if the FedEx truck hit my car but I was not hurt?
Photograph the damage, get the driver’s information and report the claim. In California, a lawsuit for property damage, such as damage to your car, generally must be filed within three years (Code of Civil Procedure 338). If pain shows up later, get checked by a doctor and keep the records.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Amazon Delivery Van Accident · Amazon Truck Accident in California · Do Amazon Delivery Vans Have Cameras? · UPS Truck Accident · USPS mail truck accident: the federal claim rules · All car and truck accident questions
Sources
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- 49 U.S.C. § 30106(a)
- 49 C.F.R. § 387.9, Table 1
- 49 C.F.R. § 395.3(a)(1)-(3)
- 49 C.F.R. § 392.3
- 49 C.F.R. § 391.51(a)-(b)
- 49 C.F.R. § 395.8(k)(1)
- 49 C.F.R. § 382.303(a), (b), (d)
- FMCSA SAFER Company Snapshot; FMCSA SMS; FAST Act of 2015, Pub. L. 114-94, § 5223
- 28 U.S.C. §§ 2401(b), 2675(a), 2679(b)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- Cal. Code Civ. Proc. § 338(c)(1)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.