When a person is injured, killed, or sustains damage to their vehicle due to a negligent delivery driver, they (or their loved ones) have the option to pursue compensation for their damages. While suing some delivery services can be somewhat straightforward, FedEx organizes its businesses in a way that makes personal injury lawsuits against it challenging. While these challenges can be frustrating for FedEx truck accident victims attempting to represent themselves, our team of Colorado FedEx accident lawyers are familiar with the tactics that FedEx may use in an attempt to avoid legal action, and we can leverage this to the advantage of your case.
The FedEx Ownership Model: Who Owns What?
The primary setback that accident victims face when they sue FedEx for injury is understanding who exactly is liable for the accident. When a person is hit by a car or other vehicle due to the driver’s negligence, they are usually held liable for their actions. However, in cases where the vehicle is owned by a business or the driver is employed by them, liability is not always clear.
FedEx utilizes a variety of ownership and employment models. Depending on the delivery service (Express, Ground, Freight), a truck may be owned or operated by a FedEx driver, or both. But the vehicles aren’t the only asset of the business that may be leased; FedEx also leases their routes to independent service providers who may share some or all of the liability if an accident takes place in their jurisdiction. To make things more confusing, some drivers are classified as independent contractors while others are hired as employees. Here is a general breakdown:
- FedEx Express and FedEx Freight: FedEx owns the delivery trucks and hires employees to operate them.
- FedEx Ground and Home Delivery: Delivery trucks are owned or leased by independent contractors who purchase or rent them directly from FedEx.
Remember that while this is the general formula that FedEx uses for its services, it is possible that there may be some crossover. If you’ve been hit by a FedEx truck, the best measure you can take to determine liability is exchanging contact and license information with the driver following the accident and calling your lawyer who will be able to confirm the information with FedEx’s records.
When Is FedEx Liable for a Truck Accident?
In most scenarios, when a delivery service owns the vehicles and classifies their drivers as employees, the company (not the driver) is responsible for compensating truck accident victims when their driver causes the accident. This is because the company is usually responsible for training the employee, mandating operation practices, and maintaining the safety of their fleet. They also typically supply insurance policies for their business and vehicles. Thus, in most cases, if you were hit by a FedEx Express truck or a FedEx Freight truck, chances are that FedEx is the liable party. However, there are also other scenarios where FedEx may be liable as well, even if the driver owns and operates the vehicle or the route is independently owned.
Can You Sue a FedEx Driver for Your Injuries?
Depending on their contract with FedEx and the nature of the accident, it is possible that the driver may be the liable party in your case. If the driver supplies their own insurance, owns their truck, and is a contracted worker, there may be a case for the driver being responsible for damages if they’re found liable for the accident. However, even if they are classified as employees, drivers can still be found liable if a case can be made for negligence. If a driver was involved in any of the following activities, it is likely that a case for negligence can be made:
- Speeding
- Aggressive or reckless driving
- Driving under the influence
- Fatigued driving
- Texting and driving
Documenting the scene of the accident is an important measure you can take if you believe that a driver cause the accident due to negligence. If it’s safe to do so, take pictures of the accident site, interview witnesses, and always call the police so that a police report of the accident is made.
Who Else Can You Sue for a FedEx Crash?
FedEx leases many of its routes to independent service providers who manage the routes similarly to a franchise. The ISP purchases the route, the trucks, hires or contracts drivers, and manages compliance with safety regulations. When these safety regulations aren’t met, the ISPs are often found liable instead of the driver (who was trained and managed by the ISP) or FedEx who may have not authorized safety procedures mandated by the ISP.
However, if it’s found that FedEx knew of this mismanagement and failed to correct it, it may share some or all of the liability. FedEx (or the ISP) may also be found liable if they re-classified an employee as an independent contractor in order to avoid being sued for the accident.
Are FedEx Accidents Worth a Lot of Money?
They can be. Accident settlement amounts are determined primarily by the level of damage to the vehicle or the severity of the injury and emotional trauma sustained by victims. It is also determined by the level of negligence that caused the accident. If the driver, the ISP, or FedEx blatantly violated the law and caused significant injuries and damage, the chances of a large settlement are high, but even in less blatant examples with only minimal damage, a reasonable settlement can still be reached with the help of a Colorado truck accident lawyer.
Why Are FedEx Truck Accidents So Dangerous?
FedEx has some of the highest rates of accidents compared to other delivery service providers. Within the past two years, FedEx has contributed to roughly 24 fatal accidents and 399 accidents which resulted in injuries while employing around 133,000 drivers, according to FMCSA Safety and Fitness Electronic Records (SAFER). The primary concern, however, is the rate of injuries and fatalities to accidents. Between 2023 and 2025, FedEx contributed to 1,133 accidents which means around half of total FedEx accidents resulted in either a death or serious injury.
The primary reason for the high rate of serious FedEx accidents is that they utilize such physically large vehicles, so the chances of serious injury or death when hit are much higher. Remember that FedEx services both neighborhoods and ships internationally so when someone gets hit, it’s not always other drivers who get hit – it can be pedestrians and kids too.
Another more concerning reason is the number of violations that FedEx drivers receive during inspections. Out of 15,015 inspections, 10,378 violations were observed, including nearly 3,000 unsafe driving violations, according to the FMCSA.
What Should I Bring to My Initial Consultation with a Colorado FedEx Accident Lawyer?
the first time you meet with one of our Colorado truck accident lawyers, you should bring:
- Medical records that detail your injuries,
- Police reports,
- Any photos or videos you may have taken,
- Witness contact information, and
- Contact/driver information from the FedEx driver who hit you.
You may also want to bring a list of any questions you have about your case and a pen and paper to take notes. Of course, you are more than welcome to contact us as many times as you like if you have any questions relating to your case.
If you don’t have access to these things, it’s okay – our team can help with that. Just bring whatever you have and we’ll handle the rest.
Contact Frank Azar Car & Truck Accident Lawyers If You Were Hurt by a FedEx Truck
As the largest personal injury firm in Colorado with nearly four decades of dedicated service, Frank Azar Car & Truck Accident Lawyers have seen firsthand the level of damage and injuries that FedEx truck accidents can cause. Unfortunately, we’ve also seen many individuals attempt to handle their settlement negotiations with FedEx with very little success due to their massive legal budget and complicated management structure.
Because of our extensive experience in dealing with large shipping and trucking companies, we understand the many complications that can come up when a FedEx accident victim decides to seek compensation for their injuries and can build your case to avoid frustration. If you’d like to learn more about what our firm can do, contact us to schedule a consultation.
