FedEx has paid out close to half a billion dollars over the past decade because courts kept ruling that its delivery drivers were actually employees, not independent contractors. That history matters if a FedEx van just hit you, since it’s the same control argument that can put FedEx’s own insurance behind your claim instead of a small contractor’s.
George Salinas Injury Lawyers handles these cases in English or Spanish, available 24/7, with no fee unless we win.
Call (512) 851-1004 today to talk to an Austin FedEx accident lawyer about your case.
Resources On This Page
- Do You Need a Lawyer After Being Hit by a FedEx Vehicle?
- Is the FedEx Driver Who Hit You an Employee or a Contractor?
- FedEx Already Lost This Argument, More Than Once
- Is a FedEx Ground Van Treated Like an 18-Wheeler?
- Compensation You Can Recover After a FedEx Delivery Accident
- The Cost of Hiring an Austin FedEx Accident Lawyer
- How Long Do You Have to File a Claim in Texas?
- What to Do After a Crash With a FedEx Vehicle
- Why Austin Trusts George Salinas Injury Lawyers With FedEx Cases
- Ask George Salinas Injury Lawyers
- Frequently Asked Questions
- Schedule Your Free Consultation
Do You Need a Lawyer After Being Hit by a FedEx Vehicle?
Yes. Which FedEx division the driver worked for changes who you’re actually dealing with, and FedEx’s insurer won’t volunteer that information. Sorting out the right defendant, and which insurance policy actually applies, is exactly the kind of work that determines whether you recover a fair amount.
Is the FedEx Driver Who Hit You an Employee or a Contractor?
It depends on the division. FedEx Express drivers are direct employees of FedEx itself, which makes for a fairly straightforward case. FedEx Ground drivers work for an Independent Service Provider, or ISP, a separate small business under contract with FedEx that hires and manages the actual drivers. Most FedEx delivery vans on Austin streets are Ground vehicles, which means an ISP, not FedEx, is usually the driver’s direct employer.
FedEx Already Lost This Argument, More Than Once
FedEx has spent years insisting its Ground drivers are independent contractors, not employees. Courts have repeatedly disagreed: a federal appeals court found FedEx misclassified California and Oregon drivers in 2014, and similar rulings followed in Kansas the next year.
FedEx paid $228 million in 2015 to settle the California claims, then roughly $240 million more in 2016 for similar claims in 20 other states. FedEx restructured its Ground program afterward, requiring contractors to run multiple routes as incorporated businesses instead of single routes as individuals.
New lawsuits filed in 2024 argue that restructuring didn’t actually reduce FedEx’s day to day control, and that fight is ongoing. But the underlying point already has a track record: when FedEx controls enough of how a contractor’s drivers work, courts have held FedEx accountable for it.
Not sure who’s responsible for your crash? Call (512) 851-1004 and we’ll help you sort it out, free of charge.
Is a FedEx Ground Van Treated Like an 18-Wheeler?
Usually not. Standard FedEx delivery vans generally weigh under the 10,001-pound threshold where federal trucking safety rules start to apply, so these cases run on ordinary negligence law rather than federal trucking regulations. FedEx Freight, the company’s separate division that moves freight between distribution centers using real semis, is a different situation entirely. If a FedEx Freight truck hit you, our Austin 18-wheeler page is the better fit.
Compensation You Can Recover After a FedEx Delivery Accident
A successful claim can cover both your immediate costs and the harder to measure parts of your recovery. This typically includes:
- Medical bills, including emergency care, surgery, and rehabilitation
- Future medical costs for a permanent or long-term injury
- Lost wages and any long-term loss of earning capacity
- Pain and suffering and emotional distress
If the ISP’s policy isn’t enough to cover serious injuries, identifying FedEx’s own potential liability is often the path to a fuller recovery.
The Cost of Hiring an Austin FedEx Accident Lawyer
Nothing upfront. We handle these cases on a contingency fee, which means you pay no attorney’s fees unless we recover compensation for you. Your initial consultation is free, with no obligation to hire us afterward.
How Long Do You Have to File a Claim in Texas?
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit. Route assignments and driver rosters change often in a contractor model like this one, so the sooner records get preserved, the better.
What to Do After a Crash With a FedEx Vehicle
What you do in the first hours and days can affect both your health and your claim. Here’s what matters most:
- Get medical care right away, even if you feel mostly fine.
- Call the police so a crash report gets filed.
- Photograph the van, including any visible markings, the license plate, and any route or unit number.
- Get the names and contact information of any witnesses.
- Avoid giving a recorded statement to FedEx’s insurer or the contractor’s insurer before talking to a lawyer.
Why Austin Trusts George Salinas Injury Lawyers With FedEx Cases
FedEx claims are complex, involving federal regulations and layers of corporate liability. You need a team that doesn’t just know Texas law, but knows how to dismantle corporate defense strategies.
- The Insider’s Advantage: Our background in insurance defense allows us to anticipate how carriers protect FedEx’s interests. We neutralize their arguments to ensure your recovery reflects the true cost of your injury.
- Proven Results: We bring over 110 years of combined legal experience and a track record of over $100 million recovered. We build a trial-ready case, not a quick settlement folder.
- Trial-Ready Authority: George Salinas’s ABOTA membership signifies our readiness to take your case to a jury if a fair settlement isn’t offered.
- Local Insight & 24/7 Service: We know Austin’s delivery routes and accident patterns.
Our team is available 24/7 to work your case directly in English or Spanish.
Meet Our Top-Rated Austin FedEx Accident Attorneys
Ask George Salinas Injury Lawyers
Q: What if I don’t know whether the driver was FedEx Express or FedEx Ground?
A: That’s common, and it’s not something you need to figure out on the scene. The van’s markings, the police report, and FedEx’s own delivery records can usually identify the division and the specific contractor involved.
Q: Does it matter that the contractor, not FedEx, owns the van?
A: It matters less than people assume. Vehicle ownership is one factor, but the bigger question is how much control FedEx exercises over the contractor’s routes, schedules, and training. That’s the same control test that has already gone against FedEx in court before.
Q: What if the contractor’s insurance isn’t enough to cover my injuries?
A: That’s exactly when FedEx’s own responsibility becomes the more important question. If FedEx’s control over the contractor’s operations was extensive enough, FedEx’s own insurance can become an additional source of recovery.
Q: Can my lawyer use FedEx’s own court history against the company?
A: The underlying findings, that FedEx exercised significant control over its Ground contractors, can be useful supporting context for a control-based liability argument, even though those past rulings involved wage law rather than an accident. How much weight that carries depends on the facts of your specific case.
Frequently Asked Questions
What if I was hit by a FedEx Freight truck, not a delivery van?
That’s a different kind of case, governed by federal trucking regulations that don’t apply to standard delivery vans. Our Austin 18-wheeler page covers what to expect in that situation.
Will FedEx try to settle quickly?
Large companies sometimes move fast with an early offer, especially before you know the full extent of your injuries. It’s worth talking to a lawyer before accepting anything.
What if I was found partially at fault for the crash?
You can still recover compensation as long as you’re found 50% or less at fault, though your payout is reduced by your percentage of responsibility. For example, $250,000 in damages with 20% fault assigned to you would reduce your recovery to $200,000.
Will my case go to trial?
Most claims settle before trial, but we prepare every case as though it’s headed to a jury. That preparation is often exactly what convinces a company to offer a fair settlement instead of risking a verdict.
Schedule Your Free Consultation
If a FedEx vehicle left you hurt in Austin, you don’t have to untangle the contractor structure on your own. Call George Salinas Injury Lawyers at (512) 851-1004 for a free consultation in English or Spanish. There’s no fee unless we win.