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If a FedEx or UPS truck hit you in New York, you can sue the driver and the delivery company for your injuries. New York no-fault insurance covers your initial medical bills and lost wages, but it does not limit what you can recover if your injuries are serious enough to meet the state legal threshold.
Suing a large delivery carrier is more complex than filing a standard car accident claim. These cases involve corporate employment structures, federal trucking regulations, and time-sensitive commercial evidence that can disappear within days of the crash.
This article explains who you can sue, what evidence wins these cases, and exactly what steps to take to protect your claim.
Can You Sue FedEx or UPS in New York?
Yes. If a FedEx or UPS driver hit you in New York, you can sue the driver, the delivery company, and in some cases multiple other parties at once.
New York uses a no-fault insurance system. This means your own car insurance pays your initial medical bills and lost wages after any crash, regardless of who caused it. No-fault is the starting point, not the ceiling. If your injuries are serious enough, the law gives you the right to step outside of no-fault and sue for full compensation.
What Is New York’s Serious Injury Threshold?
The serious injury threshold is the legal standard that determines whether you can sue for pain and suffering. To file a lawsuit against FedEx or UPS, your injuries must fall into at least one of these categories under New York Insurance Law 5102(d):
· Significant fracture: A broken bone caused directly by the collision.
· Permanent loss of use: Loss of vision, hearing, or the use of a limb.
· Permanent consequential limitation: A spinal injury that permanently restricts your movement.
· Significant limitation of use: A back or neck injury that prevents normal daily activity for an extended period.
· 90/180-day rule: An injury that prevents you from performing most daily routines for at least 90 of the first 180 days after the crash.
· Death: Wrongful death claims brought by surviving family members.
Does No-Fault Cover You If You Were Walking or Biking?
Yes. If a FedEx or UPS truck hit you as a pedestrian or cyclist, you are covered under the truck’s no-fault policy, even if you do not own a car. Once your injuries meet the serious injury threshold, you can sue the driver and the company for full damages.
Who Can You Actually Sue?
This is where delivery truck cases get more complex than a typical car accident. Depending on who employed the driver, you may be able to sue the driver, the delivery company, a contractor, or all three.
Identifying every responsible party is one of the most important things a FedEx truck accident lawyer in New York will do for your case, and it directly affects how much you can recover.
Is UPS Directly Responsible for Its Drivers?
Yes. UPS drivers are typically direct employees of the company. A legal rule called respondeat superior, which means an employer is responsible for an employee’s actions on the job, applies here. This makes UPS the primary defendant in most crashes involving its vehicles.
Can You Sue FedEx Even If the Driver Was a Contractor?
Yes, but it depends on which FedEx division was involved. FedEx operates several networks with different employment structures:
· FedEx Express and FedEx Freight: Drivers are direct FedEx employees.
· FedEx Ground and Home Delivery: Drivers work for Independent Service Providers, also called ISPs, which are separate companies that contract with FedEx.
The contractor label does not end your case. FedEx still controls route assignments, branded uniforms, dispatch systems, and operating standards for Ground drivers. That level of control can make FedEx legally responsible even when the driver technically works for a contractor.
Your lawyer will pull contracts, dispatch records, and operating manuals to prove that control.
Who Else Might Share the Blame?
Beyond the driver and the delivery company, other parties may share responsibility:
· A vehicle maintenance vendor, if brake or tire failures caused the crash.
· A cargo loader, if improperly secured packages shifted and caused the truck to lose control.
· A third-party driver, if someone else’s reckless driving contributed to the collision.
· A municipality, if dangerous road conditions or faulty traffic signals played a role.
New York follows a pure comparative negligence rule. This means even if you were partially at fault, you can still recover compensation. Your award is simply reduced by your percentage of responsibility.
What Evidence Wins a FedEx or UPS Case?
Delivery truck cases rely heavily on commercial evidence that disappears fast. The moment your lawyer is hired, they should send a spoliation preservation letter, a formal legal notice that requires FedEx or UPS to preserve all evidence related to your crash.
| Evidence Type | What It Shows | How Fast It Disappears |
| Event Data Recorder (EDR) | Speed, braking, and steering before impact | Days to weeks |
| Electronic Logging Device (ELD) | Driver hours and rest breaks | 6 months minimum |
| Dashcam footage | Driver behavior and road conditions | Days to weeks |
| GPS and telematics | Route, speed, and location history | Varies by carrier |
| Dispatch records | Schedule pressure and delivery quotas | Months to years |
Your own evidence matters just as much. Scene photos, witness contact information, the police report, and a consistent medical record are what connect the crash to your injuries. At the scene, photograph the truck’s DOT number, company logo, and license plate before anything is moved.
What Compensation Can You Recover?
When you successfully sue FedEx or UPS, you can recover two main types of damages: economic and non-economic.
· Economic damages: Medical bills, future care costs, lost wages, reduced earning capacity, and property damage.
· Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship for spouses.
· Punitive damages: These are rare and only awarded when a company’s conduct was especially reckless, for example, knowingly ignoring federal safety regulations.
Delivery truck cases against large commercial carriers often result in substantial settlements, particularly when injuries are severe and liability is clear. We will never promise a specific outcome, but we will fight to make sure every dollar you are owed is on the table.
How Long Do You Have to File?
Missing a deadline means losing your right to compensation permanently. These are the key deadlines you need to know:
· No-fault application: Must be filed within 30 days of the crash.
· Personal injury lawsuit: You have three years from the date of the crash under CPLR 214(5).
· Wrongful death lawsuit: Surviving family members have two years from the date of death.
Keep in mind that evidence disappears far faster than these legal deadlines. Even if the law gives you years to file, waiting to hire a lawyer puts your case at risk.
What to Do Right After a FedEx or UPS Crash
The steps you take in the hours and days after a crash can make or break your case.
1. Call 911 and get medical care. A police report is essential. Even if you feel fine, go to the emergency room. Injuries like whiplash and concussions often worsen in the days that follow, and a medical record creates the official timeline your case depends on.
2. Document everything at the scene. Photograph the truck, your vehicle, your visible injuries, the road, and any skid marks. Capture the truck’s DOT number and company markings. Get the driver’s license, insurance card, and witness contact information.
3. Do not speak to the carrier’s insurance adjuster. Adjusters typically call within 24 to 48 hours with a quick cash offer. Politely decline any recorded statement and refer all calls to your lawyer.
4. Contact a New York delivery truck accident lawyer immediately. Spoliation preservation letters need to go out within days. The sooner your legal team gets involved, the more evidence they can protect.
Why Grigor Law Injury & Car Accident Lawyers Fights for Delivery Truck Crash Victims
Grigor Law Injury & Car Accident Lawyers was founded by Chrissy Grigoropoulos, Esq., an attorney recognized as a Top 40 Under 40 Rising Star and one of the 10 Best Female Attorneys for Client Satisfaction by the American Institute of Personal Injury Attorneys. She is known for being fierce in the courtroom and genuinely compassionate with every client she serves.
Here is what you get when you work with our team:
· Available 24/7: We are here when you need us, not just during business hours.
· Multilingual service: Our team serves clients in Spanish, Greek, French-Creole, and Korean.
· No fees unless we win: We work on a contingency fee basis, so you pay nothing upfront.
· Statewide reach: We represent clients across all five boroughs, Nassau, Suffolk, and Westchester counties.
· Free consultations: Honest guidance and realistic answers, never inflated promises.
Call us today or submit a contact form to get your free consultation. The sooner we get involved, the faster we can preserve the evidence that wins your case.
Frequently Asked Questions
Can I Sue FedEx If the Driver Was Listed as an Independent Contractor?
Yes. FedEx can still be held liable when it exercised operational control over the driver through routing, branding, dispatch, or training requirements, even if the driver technically worked for a separate contractor company.
Will I Have to Go to Court to Sue FedEx or UPS?
Most delivery truck cases settle before trial through negotiation with the carrier insurer, but having a lawyer who is fully prepared to litigate is often what drives the settlement value higher.
What If I Was Partly at Fault for the Crash?
Under New York pure comparative negligence rule, you can still recover damages even if you share some of the blame. Your award is simply reduced by your percentage of fault.
What If the FedEx or UPS Driver Left the Scene?
Call 911 immediately and report every detail you remember about the truck, including its markings, DOT number, and direction of travel. Delivery vehicles are tracked by GPS and dispatch systems, which makes identifying the driver far more achievable than in a typical hit-and-run.
How Much Does It Cost to Hire a Delivery Truck Accident Lawyer in New York?
Grigor Law Injury & Car Accident Lawyers handles delivery truck accident cases on a contingency fee basis. You pay no upfront costs and owe nothing unless we win your case.
