Several years ago, Amazon stormed onto the scene and changed how consumers shop by shifting to a delivery model. Then COVID fueled people’s desire to limit their time in large shopping spaces. Now, direct-to-you shopping is the expected business model for many. With products delivered nationwide in a matter of days, the number of delivery trucks on the road has increased exponentially. Companies like Amazon, Walmart, FedEx, and UPS all have delivery trucks ranging from 18-wheelers down to individual drivers. Box truck accidents can be catastrophic. Furthermore, if you’re hit by a box truck, it can be confusing to determine which parties are liable. Is the driver an employee or an independent contractor? This article will discuss some of the issues a delivery truck accident lawyer will deal with when determining who all the responsible parties are for your accident.
Independent Contractor Status
As simple as it sounds, employment contracts can seriously blur the lines. This matters because it can determine who is ultimately responsible when a delivery driver causes an accident and injures someone.
18-Wheelers and Independent Contractor Status
Congress passed protections in 1956 that force all trucking companies involved in interstate trucking to take responsibility for their drivers regardless of whether their contract says they are employed or contracted. See 49 U.S.C. §§ 10927(a)(2) and 11107(a)(4) and Price v. Westmoreland, 727 F.2d 494 (5th Cir. 1984). They are now known as “statutory employees” because the statute defines them as such and closes loopholes that would otherwise allow them to escape responsibility. This law prevented trucking companies from contracting away their responsibility when a big rig causes a major crash. So if an Amazon 18-wheeler hits you, you are protected.
Box Truck and Van Delivery Drivers and Independent Contractor Status
Many companies try to classify their local delivery truck drivers as independent contractors, even though they provide the truck and control how and when drivers dress and interact with employees. The United States District Courts for both the Seventh and Ninth Circuits have held as a matter of law that a FedEx delivery driver is an employee under state law because FedEx retains so much control over the job details. These holdings also apply to other companies, like UPS, which maintain a similar business model. That may not stop them from trying to avoid responsibility, but a UPS delivery truck accident lawyer can help hold them liable if you find yourself in this situation.
Private Drivers and Independent Contractor Status
When a delivery truck driver is driving a private vehicle rather than a company box truck, the line between independent contractor and employee can be harder to see. The contract will no doubt call them an independent contractor. They also do not travel across state lines, which takes them out of interstate commerce and out of federal regulation. As a result, these drivers are often independent contractors.
Independent Contractors and Liability
Even though these box truck drivers often fall under independent contractor status, the companies they contract with typically require them to carry special auto liability insurance to ensure sufficient coverage. The coverage is often as high as $1,000,000.00. So whether you are seeking to impose liability on a Walmart delivery driver or to hold a FedEx delivery truck driver responsible for a wreck, there is usually more coverage than there might be if the independent driver’s policy was the only one available. So, while the company may not be directly liable, it often provides significant coverage to pay for damages caused by its delivery drivers.
Conclusion
Whether a delivery truck driver is an employee or independent contractor depends on several factors. The type of vehicle being driven and who owns it are factors. Who controls the details of the job is a factor. But ultimately, in most of these cases, there is a substantial insurance policy in place for when the driver causes a wreck.
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