Amazon, FedEx, and UPS Injury Claims in California: Who’s Really Liable?
Big delivery companies have huge operations, and their trucks are everywhere. While they work hard to get packages to our doors, accidents happen. When they do, sorting out who is on the hook for the damage and any harm can get tricky. Is it the driver behind the wheel? Is it the massive company whose name is on the truck? Or could someone else be responsible?
If an accident with a delivery truck injured you or a loved one, you don’t have to figure this out alone. Call William D. Shapiro Law, Inc. in San Bernardino at 909-890-1000. Our San Bernardino truck accident attorneys can help you understand your legal options.
Employee or Independent Contractor: Why It Matters
One of the first things that comes up in these cases in California is whether the driver was an employee of the company (like Amazon, FedEx, or UPS) or if they were an independent contractor. This might seem like a small detail, but it can make a big difference in who is responsible for what happened.
Here in California, the law has rules about when a company is responsible for the actions of its workers. Generally, if a driver is considered an employee and they cause an accident while doing their job, the company they work for can be held responsible for the harm caused.
According to California Civil Code Section 2338, an employer is responsible for the actions of their employee when those actions happen within the scope of their work duties.
However, many delivery drivers today, especially for companies that use a lot of contract drivers, might be classified as independent contractors. These drivers are often seen as running their own business, even though they are delivering packages for a large company. Historically, companies were generally not responsible for the actions of independent contractors.
California has specific laws, like Assembly Bill 5 (AB 5), that created a test (called the “ABC test”) to figure out if a worker is an employee or an independent contractor for certain purposes. While there are exceptions, this law generally makes it harder for companies to classify workers who are doing tasks central to their business as independent contractors.
Even if a driver is an independent contractor, the company might still be responsible in some situations. For example, if the company did not properly check the driver’s background or driving record before hiring them, or if they did not make sure the truck was safely maintained, they could still be held responsible under a concept called negligent entrustment or negligent hiring.
More Than Just the Driver
Sometimes, figuring out who is responsible goes beyond just the driver and the big delivery company. Think about this:
- The truck’s owner: The driver might not own the truck they were driving. The owner of the vehicle can also be held responsible because California law states that a vehicle owner is liable for harm caused by anyone driving their vehicle with permission.
- The maintenance company: If the accident happened because the truck had a mechanical problem, like bad brakes, the company responsible for maintaining the truck could be at fault.
- The company that loaded the truck: If the cargo was loaded improperly and caused the driver to lose control, the loading company might share responsibility.
Pinpointing everyone who might be responsible takes careful investigation.
How Our San Bernardino Injury Law Firm Can Help
Dealing with a big company like Amazon, FedEx, or UPS after an accident can feel overwhelming. They have legal teams whose job it is to handle these claims. You might feel like you are fighting a giant alone.
A law firm like William D. Shapiro Law, Inc. can help even the playing field. We will investigate your accident, figure out who was responsible, and handle all communication with the insurance companies and the delivery company. We know the laws in California that apply to these situations, including those about employer responsibility and vehicle owners’ liability.
Our goal is to fight for you to get fair compensation for your medical bills, lost wages from not being able to work, pain and suffering, and other ways the accident has affected your life.
Contact Our San Bernardino Truck Accident Lawyers Today
An accident with a delivery truck can turn your world upside down. Figuring out who is responsible and dealing with big companies adds to the stress when you should be focusing on getting better. You have rights, and California law provides ways to seek justice and compensation when someone else’s negligence causes you harm.
Don’t carry the burden alone. Let the team at William D. Shapiro Law, Inc. help. We are here to answer your questions and guide you through the process.
Call us today at 909-890-1000 or visit us at 893 East Brier Dr., San Bernardino, CA 92408. You can also contact us by filling out our confidential contact form.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.