You see them everywhere now. Amazon vans darting through suburban neighborhoods. FedEx trucks double-parked outside office buildings. DoorDash drivers making U-turns in busy intersections. The delivery economy has changed how we get everything from toilet paper to dinner, but it’s also changed the roads.
When one of these vehicles hits you, the legal questions get complicated fast. Your car might be totaled, your back might be screaming, and suddenly you’re dealing with insurance adjusters who seem more interested in protecting their company than helping you recover.
The question everyone asks first is simple: who pays for this mess? The answer? It depends on more factors than most people realize.
When the Delivery Economy Meets California Traffic
Last month, I was talking to a client whose Honda got rear-ended by a delivery van in Anaheim. The driver was rushing to meet his quota—80 packages before 6 PM. He’d been on the road for 11 hours.
“Can I sue the driver?” she asked. “Or do I go after the company? What if it’s one of those contractor things I keep hearing about?”
These questions come up constantly because the delivery industry has deliberately made liability confusing. Companies structure their operations to distance themselves from responsibility when things go wrong.
But that doesn’t mean you’re out of options.
Why Delivery Drivers Crash More Often
The pressure these drivers face is intense. I’ve talked to former delivery drivers who describe impossible schedules, routes that cover 150+ stops per day, and penalties for taking breaks. When you’re trying to deliver 200 packages in eight hours, safety becomes secondary.
The most common causes I see in these cases:
Drivers who speed between stops to stay on schedule. GPS devices that encourage risky maneuvers to save time. Fatigue from working 12-hour shifts or back-to-back routes. Distracted driving while scanning packages or checking delivery apps.
Some drivers get minimal training. Others drive vehicles they’re not familiar with. Add in California’s traffic, and accidents become predictable.
The People and Companies Who Might Owe You Money
The Driver Themselves
If the driver was negligent—texting, speeding, running red lights—they’re personally liable for your damages. But individual drivers rarely have enough insurance or assets to cover serious injuries. You need to look beyond the person behind the wheel.
The Delivery Company
When the driver is an employee (not a contractor), California law makes the employer responsible for actions taken during work hours. This applies to UPS, FedEx, and most traditional delivery companies.
Here’s where it gets interesting: even if a driver stops for coffee or takes a detour, they might still be “on duty” legally. Courts look at whether the driver was serving the employer’s interests, not just following exact instructions.
Amazon’s Complicated Structure
Amazon created Delivery Service Partners specifically to avoid direct liability. These DSPs are technically independent companies that contract with Amazon. When an Amazon-branded van hits you, you might discover the driver works for “ABC Logistics LLC,” not Amazon directly.
But Amazon still controls many operational details—routes, uniforms, vehicle branding, delivery standards. If Amazon exercised enough control over the driver’s actions, courts sometimes pierce through the contractor arrangement.
I’ve seen cases where Amazon got pulled into lawsuits despite the DSP structure. It depends on the specific facts and how much control Amazon exercised.
Vehicle Owners and Leasing Companies
Many delivery companies lease their vehicles rather than buying them. If a mechanical failure caused the crash—brakes that didn’t work, tires that blew out—the leasing company might share responsibility.
This matters especially with smaller delivery companies that cut corners on maintenance.
Other Parties
Sometimes multiple people contributed to your crash. The loading crew that improperly secured cargo. The maintenance contractor who missed a brake inspection. Another driver who created a dangerous situation.
California’s comparative fault rules mean each party pays based on their percentage of responsibility.
How We Figure Out Who’s Actually Responsible
Proving liability requires digging into details that insurance companies hope you won’t discover.
Driver employment records tell us whether someone was an employee or contractor. Hours of service logs reveal if fatigue played a role. Vehicle maintenance records show whether mechanical issues contributed.
GPS tracking data from delivery vehicles can be particularly revealing. It shows speed, route deviations, and timing that helps establish what really happened.
I’ve had cases where black box data proved a driver was speeding despite claiming they were driving normally. In others, surveillance video from nearby businesses showed details that contradicted the driver’s story.
The key is acting quickly. This evidence disappears or gets deleted over time.
What You Can Recover (And What It’s Actually Worth)
Medical expenses seem straightforward until you realize how much treatment costs. An ER visit might run $15,000. Physical therapy for a back injury can cost $200 per session, three times per week, for months.
Lost wages include not just the time you missed immediately after the crash, but also reduced earning capacity if your injuries are permanent.
Pain and suffering damages compensate for the physical discomfort and life disruption. These amounts vary widely based on injury severity and how well your case is presented.
Property damage covers your vehicle repair or replacement, plus rental car costs and personal items damaged in the crash.
Commercial delivery vehicles typically carry $1 million or more in liability coverage—much higher than the $15,000 minimum for personal vehicles in California. That means more money available to compensate you properly.
But accessing that money requires fighting insurance companies that employ teams of lawyers and adjusters whose job is paying you as little as possible.
How Insurance Companies Try to Pay You Nothing
The tactics are predictable but effective if you don’t know what to expect.
They’ll claim the driver was off duty or making a personal stop. They’ll argue you were partially at fault, even when you clearly weren’t. They’ll offer quick settlements before you understand the full extent of your injuries.
One client got a $3,500 offer two days after her accident, before she’d even seen a doctor. Her eventual settlement was $95,000 after we discovered she had herniated discs that required surgery.
Time pressure is their favorite weapon. They’ll claim their “investigation window” is closing or that you need to accept their offer immediately. This is usually false.
What to Do Right After the Crash
Call 911, even if injuries seem minor. Some serious injuries don’t show symptoms immediately.
Take photos of everything—vehicles, road conditions, traffic signals, your injuries. Get contact information from witnesses before they leave.
Be polite but don’t discuss fault with the other driver or give detailed statements to their insurance company. “I’m still assessing my injuries and will be in touch” is sufficient.
Seek medical attention promptly. Waiting days or weeks to see a doctor gives insurance companies ammunition to claim your injuries weren’t serious or weren’t caused by the crash.
Actually, let me clarify something important: don’t talk to any insurance adjusters until you’ve consulted with an attorney. Even your own insurance company might use your statements against you later.
Common Questions People Ask
What if the crash happened during the driver’s lunch break?
California courts look at whether the driver was still serving their employer’s interests. If they were driving a company vehicle or planned to resume deliveries after lunch, they might still be considered on duty.
Can I sue Amazon directly if their van hit me?
Sometimes. While Amazon uses contractors to limit liability, they might still be responsible if they exercised significant control over the driver’s actions or contributed to unsafe conditions.
What if I was partially at fault?
California’s comparative negligence law means you can still recover damages even if you share some blame. Your compensation gets reduced by your percentage of fault, but you don’t lose everything.
How long do I have to file a lawsuit?
Generally two years from the crash date, but some situations have shorter deadlines. Don’t wait—evidence disappears and witnesses forget details.
Why This Matters More Than You Think
The delivery economy isn’t slowing down. If anything, we’re going to see more vehicles on the road as companies compete for faster delivery times.
These crashes affect real people dealing with real consequences. Medical bills that insurance doesn’t fully cover. Lost income during recovery. Family relationships strained by pain and financial pressure.
You deserve to understand your options and get fair compensation. These companies have legal teams working to protect their interests from the moment an accident happens. You should have someone protecting yours too.
At Kubota & Craig, we’ve handled dozens of delivery truck accident cases throughout Orange County and California. We understand how these companies operate and how to hold them accountable.
If you’re dealing with injuries from a delivery truck crash in Orange County or anywhere in California, don’t try to navigate this alone. A skilled Costa Mesa truck accident lawyer can protect your rights. The insurance companies are already building their defense. You should start building your case.
Call us for a free consultation. We’ll review what happened, explain your options, and help you understand what your case might be worth. You pay nothing unless we recover compensation for you.
Time matters in these cases. Evidence gets deleted, witnesses move away, and deadlines approach whether you’re ready or not.
Let us handle the legal complexity while you focus on getting better.
About the Author:
By Yoshiaki C. Kubota, Esq. | Published: October 27, 2025
Yoshiaki C. Kubota is a founding partner at Kubota & Craig, PC, and has been a California-licensed attorney since 1994 (State Bar #175555). With over 30 years of experience handling vehicle and trucking accident cases throughout Orange County — including Costa Mesa, Irvine, and Anaheim — he brings a deep understanding of California’s liability laws and insurance litigation strategies.
Learn more: https://www.kubotacraig.com/yoshi-kubota/
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. This communication is attorney advertising as defined by the California Rules of Professional Conduct, Rule 7.3. For personalized legal guidance, please consult a qualified attorney.
Sources:
- California Civil Code §1714 (Comparative Fault)
- California Civil Code §2338 (Employer Liability)
- California Code of Civil Procedure §335.1 (Personal Injury Statute of Limitations)
- California Vehicle Code §24002 (Unsafe Vehicle Operation)
