Vicarious Liability in Amazon, FedEx, and UPS Truck Accidents

You can hardly leave your house without seeing an Amazon, FedEx, or UPS truck plowing the streets. While we rely on them to make life more convenient, getting into an accident with one of these large, heavy, and intimidating vehicles can change your life in an instant.

An accident involving a delivery truck may also leave you uncertain about whom to pursue for the compensation you need. Is the truck driver liable, or are Amazon, FedEx, or UPS responsible for the actions of truck drivers while they are on the job? To answer the question, this post will explore the concept of vicarious liability and how it impacts your truck accident case.

The Portland truck accident attorneys at Johnston Law Firm are not afraid to battle big companies in pursuit of compensation for our clients. Call us at (503) 506-4102 or contact us online to schedule a free case review and discover your rights today.

The Devastating Toll of Amazon, FedEx, and UPS Truck Accidents

Due to their size and weight, truck accidents are often more severe and catastrophic than those involving only cars. According to the National Safety Council (NSC), there was a 43 percent increase in fatal truck accidents in the 10 years to 2023. Nationally, large trucks, such as those used by Amazon, FedEx, and UPS, are involved in 9 percent of all fatal crashes. 

How common are Amazon, FedEx, and UPS truck accidents?

Thankfully, truck accidents are relatively rare. However, the following statistics from the Federal Motor Carrier Safety Administration (FMCSA) provide insight into how the three companies compared in the 24 months to June 18, 2025:

• Amazon Logistics LLC: There were no fatal accidents and 19 injury crashes
• United Parcel Service (UPS): There were 72 fatal accidents and 830 injury crashes
• Federal Express Corporation (FedEx): There were 37 fatal accidents and 611 injury crashes

It is important to note that Amazon Logistics LLC is not responsible for all Amazon trucks. Many delivery vehicles are contracted through its Delivery Service Partner (DSP) program. These vehicles were found to be linked with 60 serious crashes from 2015 to 2021, which included 10 fatalities.

Recent Amazon, FedEx, and UPS truck accidents

A February 2025 accident in Oregon highlights the dangers associated with FedEx truck accidents. In this tragic incident, a driver died, and two other people were injured when a FedEx truck collided with an SUV in Gresham, OR. 

In another incident, a motorcyclist lost his life after colliding with a UPS truck near Indianapolis, IN, in March 2025. Two months later, in Sandusky County, Ohio, an Amazon semi-truck accident left the driver of the other vehicle with serious injuries, while the Amazon truck driver and passenger were not badly hurt.

These accidents highlight the devastating effect that collisions with delivery box trucks and semi-trucks operated by these giant freight companies can have on the lives of other motorists. 

If you have been hurt or lost a loved one in a similar incident, do not let an insurance company make you believe you don’t have rights or that you cannot win against these big companies. Talk to an experienced truck accident lawyer who can guide you through your legal options and advise you on the strongest route to recovering compensation. 

Who Is Liable in Amazon, FedEx, and UPS Truck Accidents?

Questions of liability are notoriously complex in delivery and freight truck accident cases. There can be multiple potentially liable parties. This could include:

• Corporate defendants — such as Amazon, FedEx, and UPS
• Maintenance companies
• Truck drivers

However, truck driver liability becomes more complicated when you take into account the legal doctrine of vicarious liability.

Vicarious liability: The employer’s responsibility

If a truck driver’s negligence was the cause of the accident, do not automatically assume that he or she is liable. Under the legal concept of respondeat superior, also called vicarious liability, employers can be held liable for the actions of their employees while they are performing their duties. 

Therefore, if the truck driver’s negligence happened while he or she was carrying out his or her duties, you may be able to sue the driver’s employer for damages rather than the driver personally.

If the driver were classified as an independent contractor, he or she would not enjoy the same level of protection. However, it’s not enough for the company to claim the driver is not an employee, thereby absolving themselves of responsibility. 

Independent contractors must be subjected to a balancing test to determine whether they are truly independent and thus not covered by vicarious liability.

This is important to verify because delivery companies have much deeper pockets than truck drivers. Your truck accident attorney can investigate whether the freight company can be held liable for the accident, allowing you to sue for the true value of your losses.

Vicarious liability in FedEx and UPS accidents

FedEx and UPS operate under similar business models. They both typically own their own truck fleets and use employees or direct contractors as drivers. Therefore, it is usually easier for a truck accident attorney to build a case for vicarious responsibility, as the truck driver was carrying out his or her duties when the accident occurred. 

Depending on the circumstances of your case, FedEx or UPS could also be liable on the grounds of:

• FMCSA regulation violations
• Maintenance issues
• Improper hiring or training practices

Unique Challenges with Amazon Truck Accidents

Unlike FedEx and UPS, Amazon often works with third parties to deliver goods to customers. These companies are known as Delivery Service Partners (DSPs).

So, while the vehicle you collided with may have been branded with Amazon’s logo, it may not be directly owned by Amazon. This makes it harder to sue Amazon for damages under vicarious liability.

However, there may be ways to prove that the relationship Amazon has with its independent contractors crosses the line into an employer-employee or agency relationship. For example, one of the tests in the independent contractor balancing test is whether an “agency relationship” exists, which is defined by the extent of control the agent (Amazon) has over the principal (the independent contractor).

Understanding Amazon’s DSP relationships

Amazon’s DSPs are not merely independent companies that Amazon hires to perform services on its behalf. They exist because of Amazon, and the company dictates the dress code, routes, and more. The DSP employees are surveilled while on the job to ensure they follow Amazon’s requirements.

Therefore, it is possible that your truck accident attorney may be able to build a case that the relationship between Amazon and the DSP is indeed an agency relationship. This may be a route to holding Amazon liable. 

Holding Amazon responsible is crucial to securing fair compensation. Amazon DSPs may only have insurance coverage of $1 million, meaning that is the largest settlement you could hope to receive. However, Amazon’s pockets are considerably deeper, allowing your truck accident lawyer to fight for a settlement that reflects your actual losses.

Amazon held liable in South Carolina case

In 2021, a man was seriously injured in a collision with an Amazon-branded delivery van in South Carolina. Amazon’s lawyers argued that the DSP and delivery associate were independent contractors and that Amazon was not liable. 

Ultimately, the jury found Amazon to be vicariously liable for the actions of the DSP and the truck driver due to the control the company exercised over both the DSP and the driver. The actual damages awarded in the case totaled $14.41 million, with an additional $30 million awarded in punitive damages.

While each case is unique, this highlights the importance of discussing your case with an experienced truck accident attorney who is not afraid to take on the biggest companies in the country in pursuit of justice and fair compensation.

Proving Liability in Amazon, FedEx, and UPS Truck Accidents

Your personal injury lawyer will undertake a comprehensive investigation to uncover key evidence of liability in your truck accident case. Sources of evidence may include:

• Police report
• Truck black box data
• Footage from dash cams and surveillance cameras
• Driver employment records
• Drug and alcohol test reports
• Maintenance and inspection records
• Drivers hours-of-service logs

Reviewing this evidence may uncover proof of negligence on the part of the driver and the employer. For example, records of negligent or reckless driving could be used to demonstrate training failures on the part of the trucking company. Rest assured, your legal team will leave no stone unturned in the search for evidence to prove who was responsible for your accident.

Let Johnston Law Firm Build a Strong Case for Compensation

Getting into an accident with a truck branded with Amazon, FedEx, or UPS can turn your life upside down. At this vulnerable time in your life, you need a trusted advocate to fight for your rights, regardless of the size of the opponent. It pays to choose a firm with an outstanding track record of winning big for truck accident victims.

At Johnston Law Firm, we use a range of cutting-edge methods to give our clients an edge. Mock trials, focus groups, and scene recreation are just a few of the techniques we employ. This allows us to develop strong cases that give our clients the best chance of success, no matter who is on the other side of the table.

Now is the time to discover your rights at a free consultation with an experienced Johnston Law Firm truck crash attorney. Schedule an appointment today at (503) 506-4102 or complete our online contact form, and we will call you back soon.