Suing a Delivery Company After a Truck Accident: What You Need to Know
It starts like any other day. Maybe you’re driving to work, waiting at a red light, or walking across a parking lot with your morning coffee. Then, out of nowhere, a delivery truck barrels around the corner and suddenly your whole life shifts.
The rise of two-day shipping and next-day drop-offs means there are more delivery trucks than ever on Mississippi roads. That includes UPS, FedEx, Amazon, DHL, you name it. These trucks are fast, heavy, and drivers are often under pressure to meet tight deadlines.
When they crash, the injuries tend to be serious. And if you were hurt by one, you’re probably wondering: can I sue?
The short answer is yes, but like most things, it’s a little more complicated than that. Here’s what you need to know.
Delivery truck crashes aren’t like regular car accidents
If you’ve been in a fender-bender before, you already know the basics: you exchange insurance, call the police, and hope the damage isn’t too bad. But when a delivery truck is involved, especially one owned by a big company like UPS or FedEx, the stakes are different.
These aren’t private drivers. They’re employees or contractors working under corporate policies, schedules, and systems. That means more layers of responsibility and more potential roadblocks for your injury case.
A seasoned truck accident lawyer can help you figure out who’s really responsible and how to build a case that sticks.
Who can you sue after a delivery truck accident?
This is where things get a little tricky. Delivery trucks are often part of complex logistics chains, and the person behind the wheel might not even work for the company whose name is on the side of the truck.
Here’s a breakdown of possible parties:
- The delivery driver. If they were speeding, distracted, or reckless, they may be liable for your injuries.
- The delivery company. If the driver was an employee (not a contractor), the company may be responsible under a principle called respondeat superior, which holds employers liable for the actions of their workers.
- A third-party contractor. Many delivery companies use independent contractors or third-party logistics services. In these cases, liability may shift depending on how much control the company has over the driver.
- A maintenance provider. If poor maintenance caused the crash (think brake failure or bald tires), the mechanic or fleet management company might share responsibility.
- A manufacturer. If the crash happened due to a defective truck part, the vehicle or component manufacturer might be held accountable.
You won’t always know who’s at fault right away, but an experienced attorney can investigate.
What causes most delivery truck accidents?
Delivery drivers have a tough job. They’re under pressure to move fast, follow strict delivery schedules, and sometimes navigate areas they don’t know well. All that adds up.
Common causes of delivery truck crashes include:
- Speeding to meet delivery quotas
- Distracted driving (phones, GPS, delivery logs)
- Improper lane changes
- Backing up without checking blind spots
- Driver fatigue
- Poor training or lack of qualifications
- Faulty brakes or vehicle maintenance issues
- Overloaded or improperly secured cargo
It doesn’t take much for a 10,000+ pound truck to do major damage. Even a low-speed crash can leave you with broken bones, head trauma, or a lifetime of chronic pain.
What should you do right after the crash?
After a delivery truck accident, your priority is getting medical care. But once you’re safe, here are the steps you should take to protect your legal rights:
- Call the police. Always get an official accident report; it’s a key piece of evidence later.
- Take photos. Document the scene, the truck, your injuries, and anything else that might help.
- Get witness information. If someone saw what happened, their statement can support your claim.
- Seek medical care. Even if you feel okay, get checked out. Some injuries (like concussions or soft tissue damage) show up later.
- Don’t talk to the delivery company’s insurer. They may try to get you to settle quickly, or say something that could be used against you later.
- Call a truck accident lawyer. The sooner you get legal representation, the better your chances of holding the right parties accountable.
What kind of compensation can you recover?
If you were hurt because of a delivery truck driver’s negligence, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Property damage
And in tragic cases where someone dies in a delivery truck crash, surviving family members may be able to pursue a wrongful death claim.
The amount you can recover depends on the specifics of your case: how badly you were hurt, how clear the liability is, and how effectively your lawyer can present the evidence.
How is a delivery truck accident claim different from a regular car crash?
There are a few key differences that set these cases apart:
- Higher insurance limits. Commercial policies often carry bigger coverage, sometimes in the millions.
- More aggressive defense. Big companies like UPS and FedEx don’t like to admit fault. They’ll send legal teams to minimize or deny your claim.
- Complicated liability. You might be dealing with a web of companies, contracts, and policies, not just one driver and one insurer.
- Federal regulations. Many commercial trucks are governed by FMCSA (Federal Motor Carrier Safety Administration) rules, which could influence your case.
- Potential for punitive damages. If the company’s negligence was especially egregious (for example, letting an unlicensed driver behind the wheel), you may be able to pursue additional damages to punish them.
In other words, delivery truck cases require experience, strategy, and attention to detail.
How long do you have to file a claim?
In Mississippi, you typically have three years from the date of the crash to file a personal injury lawsuit. That’s the statute of limitations. But don’t wait.
Evidence can disappear. Memories fade. Companies change ownership and records get lost. The sooner you file, the better your chances of building a strong case and recovering what you’re owed.
What if the delivery driver was a contractor?
This is a question that comes up a lot. Big companies often use contractors so they can try to shift liability away from themselves.
But just because a driver is labeled a contractor doesn’t mean the company is off the hook.
Mississippi courts look at how much control the company had over the driver. If they set the schedule, provide the truck, require uniforms, or monitor deliveries in real time, they may still be liable.
A knowledgeable truck accident lawyer can dig into the employment structure and fight back if the company tries to dodge responsibility.
How Merkel & Cocke can help if you were hit by a delivery truck
At Merkel & Cocke, we’ve been helping injured Mississippians for over 40 years. We know how devastating truck accidents can be, especially when a giant corporation is involved.
Our team will:
- Investigate the crash
- Preserve evidence
- Identify all liable parties
- Work with accident reconstruction experts
- Handle negotiations with the insurer
- Take your case to trial if necessary
Whether the truck said UPS, FedEx, DHL, or something you’ve never heard of, we can help you pursue justice and fair compensation.
Taking the next step
If a delivery truck turned your life upside down, you’re not alone, and you’re not powerless. These cases are complex, but they’re winnable with the right legal strategy.
Don’t let a corporate legal team push you into a lowball settlement. Don’t let confusion about contractors or company policies stop you from speaking up.
Instead, take a breath. Get medical care. Then call a truck accident lawyer who knows how to hold delivery companies accountable. Contact Merkel & Cocke today for a free consultation.
After graduating from the University of Virginia Law School in 1975, Mr. Cocke and Mr. Merkel established Merkel & Cocke, P.A. in 1982. Since that time the emphasis of Mr. Cocke’s practice has progressed toward medical malpractice. At the present time his practice is exclusively devoted to handling medical negligence cases for the plaintiff, either as a result of direct contact by the client or on referral from other attorneys who are not familiar with the handling of medical negligence cases. Mr. Cocke was selected Best Lawyer of the year for 2012 and 2014 in The Memphis area in the field of Medical Malpractice and has been selected a Best Lawyer and Super Lawyer every year since 2006. Learn more about John Hartwell Cocke here.