With the explosion of food and retail delivery services like DoorDash, Amazon, Uber Eats, and Instacart, Texas roads are more crowded than ever with commercial delivery drivers. Unfortunately, this increase in traffic also brings a rise in car accidents involving delivery vehicles. If you’ve been injured by a delivery driver in Texas, you may be wondering who is responsible and how to recover compensation for your injuries.

At JML Injury Law, we help injury victims across Texas understand their rights and pursue claims after being harmed in delivery driver accidents. These cases are often more complex than a typical car accident due to questions about employer liability, insurance coverage, and corporate responsibility. This blog will guide you through the key legal considerations and explain how to protect your health and your rights after a crash.

Why Delivery Driver Accidents Are on the Rise

The gig economy has transformed how people shop and eat, but it has also introduced new risks to public safety:

Time Pressure: Many delivery drivers are paid per order and incentivized to rush.
Distractions: GPS navigation, app notifications, and multitasking behind the wheel increase crash risk.
Inexperience: Some drivers may not have commercial driving training or experience.
Extended Hours: Fatigue from long shifts contributes to slower reaction times.

Whether it’s a local grocery delivery or an Amazon Prime van, these vehicles are operating more frequently in residential neighborhoods and busy intersections.

Common Injuries from Delivery Driver Accidents

Victims of delivery driver accidents often suffer from serious injuries, including:

Traumatic brain injuries (TBI)
Broken bones
Whiplash or neck injuries
Spinal cord damage
Internal bleeding or organ trauma

Due to the size and speed of some delivery vans, these accidents can be especially severe for pedestrians, cyclists, and drivers in smaller passenger vehicles.

Who Is Liable for a Delivery Driver Accident in Texas?

Determining liability depends on several factors, including the driver’s employment status and what they were doing at the time of the crash.

1. The Driver Was Working for a Delivery Company

If the driver was actively completing a delivery for a company like Amazon, FedEx, or UPS, the employer may be liable under respondeat superior. This legal doctrine holds employers responsible for the actions of employees during work-related activities.

2. The Driver Was an Independent Contractor

Many companies classify drivers as independent contractors to limit liability. However, some courts have held these companies accountable if they:

Failed to properly screen or train drivers
Knew the driver was unsafe
Exerted control over how the driver performed their work

In such cases, you may be able to pursue compensation from the company’s commercial liability policy.

3. The Driver Was Off-Duty or Running Personal Errands

If the delivery driver was not actively working at the time of the crash, they may be personally responsible. In this case, your claim would go through their personal auto insurance policy.

What Insurance Policies May Apply?

There may be multiple layers of insurance coverage available:

Commercial Auto Insurance: Applies if the driver is an employee or contractor operating under company policy.
Third-Party Liability Policies: Some platforms like Uber Eats and DoorDash provide up to $1 million in liability coverage for active deliveries.
Personal Auto Insurance: Covers the driver if they were not logged into a delivery app or working at the time.
Uninsured/Underinsured Motorist (UM/UIM): Your own policy can help if the delivery driver lacks sufficient coverage.

An experienced attorney can identify which policies apply and negotiate with insurers to maximize your recovery.

What to Do After Being Hit by a Delivery Driver

Taking the right steps immediately after the crash can protect your health and strengthen your legal claim:

Call 911: Report the accident and request medical assistance if needed.
File a Police Report: Get an official report that identifies the driver and documents the scene.
Take Photos: Capture vehicle damage, license plates, road conditions, and visible injuries.
Get Driver Information: Ask if they were on a delivery and which company they work for.
Seek Medical Care: Prompt treatment is crucial for your recovery and insurance claim.
Avoid Speaking With Insurance Adjusters Alone: Anything you say can be used to minimize your payout.
Contact JML Injury Law: We will take over communication, preserve evidence, and fight for full compensation.

What Can You Recover in a Delivery Driver Injury Claim?

Victims of negligent delivery drivers may be entitled to compensation for:

Medical bills (emergency care, surgery, physical therapy)
Lost wages and future earning capacity
Pain and suffering
Property damage
Disability or disfigurement

In cases involving corporate negligence, punitive damages may also be pursued.

Special Considerations for Delivery Apps (DoorDash, Uber Eats, etc.)

Most food delivery apps attempt to avoid liability by classifying drivers as independent contractors. However, they often provide contingent liability insurance when a driver is actively delivering an order.

For example:

DoorDash: Offers $1 million in liability coverage, but only while a driver is on an active delivery.
Uber Eats: Provides similar coverage, but not when the driver is offline or waiting for an order.

If the app denies coverage, we can investigate whether the company exercised sufficient control to trigger liability or whether other parties contributed to the crash.

The Role of a Personal Injury Lawyer in Delivery Driver Accidents

These cases require thorough investigation, strategic legal arguments, and skilled negotiation. At JML Injury Law, we:

Gather evidence from police reports, witness statements, and delivery apps
Identify all liable parties and insurance policies
Handle all communication with insurers
Calculate full damages, including future losses
Represent you in court if a fair settlement is not offered

You should not have to fight powerful delivery corporations or uncooperative insurers on your own. We level the playing field.

Why Choose JML Injury Law?

JML Injury Law is a trusted, woman-owned Texas personal injury firm with a reputation for compassion, persistence, and results. We understand the unique challenges delivery driver injury victims face, and we are committed to holding negligent individuals and companies accountable.

Our team works on a contingency fee basis, which means you pay nothing unless we win your case. We proudly serve Dallas, Plano, McKinney, and surrounding communities.

Schedule a Free Case Review Today

If you or a loved one has been hit by a delivery driver in Texas, time is of the essence. Important evidence can disappear quickly, and deadlines apply to all personal injury claims. Call JML Injury Law today or contact us online for a free consultation. Let us fight for the compensation you deserve while you focus on recovery.