Amazon, FedEx, and UPS Liability After A Truck Accident

With the rise of online shopping, the number of delivery trucks on Illinois roads has surged. Amazon, FedEx, and UPS trucks are now a constant presence in neighborhoods, city streets, and highways across the state. While these services offer convenience and fast shipping, they’ve also contributed to an alarming increase in serious truck accidents.

At John J. Malm & Associates,we represent victims of negligence across Illinois, including those injured by delivery vehicles. These claims often involve complex liability issues, corporate insurance policies, and aggressive defense tactics. If you or a loved one has been hurt in a crash involving an Amazon, FedEx, or UPS truck, here’s what you need to know.

Delivery Truck Accidents Are on the Rise

According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 5,000 fatal large truck crashes in 2022, with thousands more resulting in serious injury. While the FMCSA does not separate data specifically by company, industry trends and public data suggest delivery trucks are a growing part of the problem:

UPS reported more than 2,700 crashes involving its vehicles over a 24-month period ending in May 2024, according to FMCSA’s Safety Measurement System.
FedEx Ground reported 2,476 crashes during the same timeframe.
Amazon, which often contracts with third-party drivers through its Delivery Service Partner (DSP) program, has come under fire for avoiding direct responsibility. However, investigative reporting found that Amazon-linked delivery vehicles were involved in at least 60 serious crashes from 2015 to 2021, including 10 fatalities.

The rise in delivery truck accidents isn’t just a national trend. In Illinois, heavy commercial vehicle crashes are also increasing. The Illinois Department of Transportation (IDOT) reported over 12,500 crashes involving tractor-trailers and large trucks in 2022, many of which occurred in urban areas with high delivery activity, such as Chicago and Naperville.

Common Causes of Delivery Truck Crashes

While every accident is unique, delivery truck crashes often involve the following types of negligence:

Driver Fatigue: Long shifts and tight delivery windows lead to exhausted drivers, especially among Amazon delivery service partner contractors.
Distracted Driving: GPS use, scanning packages, and handling devices while driving.
Improper Backing or Parking: Quick stops, double parking, and blind spots can endanger pedestrians and motorists.
Inadequate Training: Delivery drivers—particularly for third-party Amazon contractors—may receive minimal safety instruction.
Unfamiliar Routes: High turnover and new hires often mean drivers are navigating neighborhoods or highways they don’t know well.
Mechanical Failures: Poor vehicle maintenance can result in brake failure, tire blowouts, or steering issues.

Who Is Liable After a Delivery Truck Accident?

Delivery truck cases are different from standard car accidents because they often involve corporate defendants, multiple insurance policies, and outsourced drivers.

1. Amazon Delivery Accidents

Amazon uses a Delivery Service Partner (DSP) program to contract with third-party businesses that operate fleets of branded vans. Legally, Amazon argues that DSPs are independent contractors, distancing itself from liability. However, courts and plaintiffs have increasingly challenged this structure.

In Illinois, Amazon can be held liable in certain situations under theories such as:

Negligent hiring or supervision
Retained control over the drivers’ schedule, procedures, and uniforms
Vicarious liability if the facts suggest the driver was functionally an agent of Amazon

According to a report, some DSPs have sued Amazon after being pressured into unsafe working conditions that led to accidents, alleging that the company exercises strict control over routes, delivery times, and driver expectations.

2. FedEx and UPS Accidents

Unlike Amazon, UPS and FedEx Ground typically own their fleets and employ or contract directly with drivers. This makes it easier to pursue a claim under respondeat superior—the legal doctrine that holds employers responsible for employees’ actions during the scope of employment.

If a FedEx or UPS driver causes an accident while making deliveries, the company may be held directly liable.
Claims may also involve negligent training, lack of maintenance, or violations of FMCSA regulations.

What to Do After a Delivery Truck Accident

If you’re hit by a delivery truck in Illinois, taking the following steps can help protect your rights:

Call 911 and report the crash.
Seek medical attention immediately.
Document the scene with photos of vehicles, injuries, license plates, and delivery truck logos.
Get the driver’s information—including employer details and any delivery identification number.
Do not speak to company representatives or insurance adjusters without legal counsel.

What Makes Delivery Truck Accident Claims More Complicated?

Delivery truck claims involve more than just filing an insurance report. Here’s what sets them apart:

1. Multiple Insurance Policies

Amazon’s third-party DSPs often have limited commercial coverage.
FedEx and UPS usually carry high-limit policies, but adjusters will look to minimize payouts.
In multi-vehicle accidents, there may be multiple claimants competing for compensation.

2. Corporate Legal Teams

Major corporations have in-house lawyers and outside defense firms ready to deny or minimize claims. They may argue the driver was not “on the clock,” or try to shift fault to the victim.

3. Evidence Disputes

Delivery companies may withhold GPS data, dashcam footage, or vehicle inspection records unless compelled through litigation.

4. Federal & State Regulations

Truck drivers and companies must comply with FMCSA regulations, including:

Hours-of-service rules (49 CFR §395)
Driver qualification standards (49 CFR §391)
Vehicle maintenance logs (49 CFR §396)

Violations of these regulations can support a finding of negligence or even punitive damages.

Common Injuries in Delivery Truck Accidents

Due to their size and weight, delivery trucks can cause serious, life-altering injuries. Common injuries sustained in a truck accident include:

Traumatic brain injuries (TBI)
Spinal cord damage and paralysis
Broken bones and orthopedic injuries
Internal bleeding and organ damage
Severe lacerations or crush injuries
Fatal injuries resulting in wrongful death claims

Potential Compensation in Illinois

Victims of delivery truck accidents may be entitled to:

Medical expenses
Lost wages and loss of future earnings
Pain and suffering
Property damage
Wrongful death damages (for surviving family members)
Punitive damages, in cases of gross negligence

How John J. Malm & Associates Can Help After a Serious Truck Accident

At John J. Malm & Associates, we know how to investigate complex truck accident cases and hold large companies accountable. Our team of dedicated Illinois trucking accident attorneys has successfully recovered compensation for clients injured by commercial vehicles, including delivery trucks. We work with experts in accident reconstruction, trucking regulation, and vocational loss to build strong cases that withstand corporate defense strategies.

Whether your case involves a contracted Amazon driver, a UPS freight truck, or a FedEx Ground vehicle, we can help you identify the responsible parties and fight for the compensation you deserve.

Don’t Face a Corporate Giant Alone and Contact the Top-Rated Illinois Truck Accident Lawyers at John J. Malm & Associates

If you or a loved one has been injured by a delivery truck in Illinois, don’t try to take on Amazon, FedEx, or UPS without experienced legal help. These companies have teams of lawyers and insurance professionals trained to reduce their financial exposure. You need someone equally skilled on your side.

Let us help you level the playing field. Contact John J. Malm & Associates today for a free consultation. We will listen to your story, explain your rights, and fight to get you the compensation you deserve.