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Are Delivery Truck Driver Employees or Independent Contractors?

Several years ago Amazon stormed onto the scene and changed the way consumers shop to a delivery model. Then came COVID to fuel people’s desire to limit the amount of time they spend in large shopping spaces. Now direct-to-you shopping is the expected business model for many. With products being delivered all over the nation 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, any time you get hit by a delivery truck, it can be confusing trying to determine what 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. The importance of this issue is that 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 all loopholes for escaping responsibility. This law prevented trucking companies from contracting away their responsibility when a big rig causes a major crash. So if you are hit by an 18-wheeler, you are protected.

Box Truck and Van Delivery Drivers and Independent Contractor Status

Delivery Trucks & VansMany companies try to define their local delivery truck drivers as independent contractors even though they provide the truck and control how and when the 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 are equally applicable to other companies like UPS who 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 the delivery truck driver is driving a private vehicle versus a company box truck, the lines 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 types of drivers often are independent contractors.

Independent Contractors and Liability

Even though these drivers often fall under independent contractor status, the companies they contract with typically require them to carry special auto liability insurance to ensure that there is 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, they often provide significant coverage to pay for the damages caused by their delivery drivers.

Conclusion

Whether a delivery truck driver is an employee or independent contractor depends upon a number of factors. The type of vehicle being driver 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 for when their driver causes a wreck.

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