Amazon, FedEx, and UPS Delivery Truck Accidents in NYC
An Amazon van with the logo on the side is rarely operated by Amazon. The driver works for a Delivery Service Partner contractor. You sue all three.
An Amazon delivery van crash names three defendants: the driver, the Delivery Service Partner contractor that employs the driver, and Amazon (for operational control). FedEx Ground's independent-contractor defense rarely succeeds when route, equipment, and branding establish operational control. UPS drivers are direct employees, so UPS itself is the defendant. File a spoliation preservation letter for the truck's EDR, hours-of-service log, and inspection records within 72 hours.
What’s different about this case
Unlike a regular car-on-car case, delivery truck cases involve federal motor-carrier regulations, contractor-chain liability defenses (especially Amazon DSP and FedEx Ground), and short evidence-preservation windows for EDR data and dashcam footage. The case turns on naming the right defendants early and preserving the operational-control evidence before routine purges destroy it.
Applicable law
- Federal Motor Carrier Safety Regulations, 49 CFR Parts 390-399
- 49 CFR Part 395 (hours of service)
- 49 CFR Part 396 (vehicle inspection and maintenance)
- 49 CFR Part 382 (drug and alcohol testing)
- NY VTL § 1129(a) (rear-end presumption)
- NY Insurance Law § 5102(d) (serious injury threshold)
- CPLR § 214(5) (3-year SOL)
What to do right after
- Photograph the truck markings (DOT number, MC number, company logo, license plate)
- Get the driver's CDL, registration, and insurance card
- Document the time, location, and any visible cargo or delivery context
- Request the NYPD MV-104A police accident report
- File a spoliation preservation letter within 24-72 hours for the EDR, dashcam, hours-of-service log, and inspection records
- Collect witness names and phone numbers
- Get to the ER within 24 hours; commercial-vehicle crashes carry hidden internal injuries
Typical defendants
- Driver (immediate negligent actor)
- Delivery Service Partner / contractor employing the driver
- Amazon, FedEx, or UPS (corporate parent / operational control)
- Vehicle owner if separately leased
- Cargo broker if applicable
In more detail
Amazon's last-mile delivery is contracted to Delivery Service Partner (DSP) businesses across NYC. The DSP hires the driver. Amazon dispatches the route, brands the van, and sets the schedule. Corporate Amazon's defense is always that the DSP is an independent contractor and Amazon is not vicariously liable. The reality is that Amazon's operational control over route, equipment, and dispatch routinely creates vicarious liability under New York case law and FMCSA 49 CFR § 390.5. FedEx Ground uses an independent-contractor route model where the driver owns the route, leases the truck, and contracts with FedEx. Federal regulations and recent operational-control rulings still create vicarious liability when FedEx exercises control over routes, equipment, branding, and dispatch. UPS drivers are direct UPS employees (Teamsters Local 804 in NYC), so UPS itself is the defendant under respondeat superior. Federal motor-carrier rules under 49 CFR Parts 390-399 layer on top of NY law: hours-of-service violations under Part 395, maintenance violations under Part 396, drug-and-alcohol testing under Part 382 are all direct evidence of negligence. The truck's EDR (event data recorder) captures speed, brake application, and engine status for the seconds before impact. Dashcam and cab-facing camera footage overwrites in routine cycles within days to weeks. Minimum interstate insurance coverage is $750,000 under the MCS-90 endorsement, scaling to $5 million for hazardous materials. Many carriers carry $1-5 million primary plus excess umbrellas.
Related practice areas
Prior results do not guarantee a similar outcome.
Tell Nick what happened.
Free consultation. No fee unless we win. We answer in English, Spanish, and Arabic on request.