If you’ve been in an accident with a FedEx or UPS vehicle, unraveling fault and who is responsible can seem overwhelming. Whether a driver is an employee or an independent contractor can determine your strategy for pursuing damages.
New Orleans is a major distribution hub for FedEx and UPS, with locations in the Kenner/Elmwood area near MSY Airport. Delivery trucks are a common sight on New Orleans roads, which also increases the risk of an accident, especially on I-10 and Veterans Memorial Blvd.
As of January 1, 2026, Louisiana has changed to a comparative fault state. This can shift what type of case you build. The law, codified in Louisiana Civil Code Article 2323, now bars recovery if you are found to be more than 51 percent liable for the accident.
If you were hurt on a New Orleans street or highway following an accident with a UPS or FedEx driver, you have the right to pursue the company for damages. The team at Smiley Law Firm is ready to assist you, including explaining your options. For a free consultation with commercial vehicle accident attorneys, call (504) 822-2222 or reach out for a free FedEx or UPS accident consultation.
Why FedEx and UPS Accidents Are Different Than Car Accidents
While not always, an accident between two cars is often straightforward. Two drivers hit each other, and their insurance will the paperwork, settlement, etc.
An accident with a delivery truck, such as FedEx or UPS, is more complicated. The driver’s employment status (employee versus independent contractor), any third-party contractors, the corporation, and even different departments within the same company are a few details that can complicate a case.
Unlike an individual driver, large corporations such as FedEx and UPS have in-house legal departments. They have lawyers on call.
FedEx and UPS accidents can also differ from Amazon delivery van accidents. Our team can also assist you with claims against other delivery companies, such as DHL.
This can make filing a claim against the company seem intimidating. It’s also why you need an attorney to protect your interests and guide you through the process.
Employees versus Independent Contractors and Why it Matters
Whether a driver is classified as an employee or an independent contractor can affect liability. In some cases, you may need to file a claim against multiple parties, beyond UPS or FedEx.
The traditional rule is that companies aren’t liable for an independent contractor’s actions. Courts throughout the U.S., however, have found that companies cannot classify workers as independent contractors to escape liability.
Courts will look at a variety of factors to determine if a company should be liable for an independent contractor’s actions. One factor is how much control the company had over the worker. The less freedom a worker has to do their job, the more likely a company will be considered liable for their actions.
FedEx’s Corporate Structure
FedEx relies heavily on independent contractors for its workforce. This means that you may have to consider filing suit against multiple parties. You also may have to establish why FedEx is liable.
Employment Status of UPS Drivers
Most UPS drivers are employees, although the company does hire some independent contractors. If a driver is an employee, the case may be more straightforward, as employers are responsible for their workers’ actions in the course of their work.
Factors That Can Contribute to Driver Negligence
While some accidents can have a clear cause-and-effect, others may not have one single inciting incident. In these cases, determining what led to the accident matters.
Common factors that can lead to driver negligence:
- Using a cell phone while driving
- Driving while under the influence
- Reckless or aggressive driving
- Tailgating
- Speeding
- Fatigued driving
- Distracted driving
- Failing to obey traffic laws
- Trying to meet goals or quotas
For UPS and FedEx drivers, attempting to meet quotas or time requirements can increase the likelihood of negligent or reckless driving. Companies now track drivers, and drivers are under considerable pressure as a result. This can lead to speeding, hazardous parking, and other actions that can increase the risk of an accident.
Some accidents, however, may not be due to driver negligence. Some may stem from a lack of needed maintenance or repairs, or even a faulty part. Your attorney can help you gather evidence that establishes what caused the accident.
Statistics on Delivery Truck Accidents
Based on the numbers, driving in Louisiana is dangerous. In 2024, the state was in the top ten for the number of car accident fatalities per 100,000 people. The state recorded 752 deaths related to motor vehicle crashes during that year.
In 2024, large trucks were involved in over 3600 accidents in Louisiana. Slightly less than half resulted in injury, and seventy-eight had at least one fatality.
Nationwide, between August 2024 and August 2026, Fedex had approximately 3100 accidents in the U.S. One-third of these resulted in injury, and eighty-one had at least one fatality.
In that same period, UPS had 2241 accidents. Approximately 790 resulted in injury, and fifty had at least one fatality.
These accidents all come with a cost. The U.S. Department of Transportation estimates that accidents cost Louisiana almost $5.7 billion annually. How much it costs individual drivers can vary widely depending on the severity of the damage and injury, as well as how it affects their daily life.
Assembling Evidence to Build Your Case
Cases won’t involve every bit of evidence, but rather the best and most relevant evidence for each side. Your attorney can work with you to determine what evidence you need to build the strongest possible case.
Evidence that is frequently used in accidents involving UPS or FedEx trucks:
- Black box data
- Driver logs and delivery schedules
- Vehicle inspection and maintenance records
- Surveillance or dashcam footage
- Crash scene photos
- Photos of the cars before any repairs
- Witness statements
- Diagrams or maps of the area where the accident occurred
- Repair estimates and related documents
- Medical records
- Call logs and texts
This list isn’t exhaustive. Some evidence may be more relevant in some cases than others.
Commercial Insurance Coverage
Navigating insurance policies and regulations after an accident is almost always complicated. When a corporation owns one of the involved vehicles, the process can be even more challenging.
Commercial carriers must meet Louisiana’s 15/30/25 minimum, which means coverage for at least:
- $15,000 for bodily injury to one person
- $30,000 for bodily injury per accident
- $25,000 for property damage
Vehicles with high gross weight may require higher minimums. Regular UPS and FedEx delivery trucks don’t meet these higher thresholds, but semis might.
For any accident, these minimums can be quickly exhausted. Most delivery companies will carry higher coverage, simply because more time of the road increases the likelihood of accidents, even when drivers are careful.
How Smiley Pursues Corporate Cases
Filing a claim against a corporation can feel a bit like David vs. Goliath. That’s why you want to hire commercial vehicle accident attorneys. We understand the nuances of filing a suit against a corporation and how that differs from an accident involving a single driver.
Our primary focus is protecting our clients’ interests.
FAQ: Common Questions About Accidents Involving UPS and FedEx Trucks
Can I sue FedEx directly if their truck hit me?
You can sue FedEx directly, regardless of whether a driver was an employee or independent contractor. In both cases, you and your attorney may need to consider whether to also file against other parties.
These can include:
- The driver
- Third-party contractors
- Third-party mechanics
- A parts manufacturer
The details of the accident, including who was negligent, can inform how you’ll build your case.
Are UPS drivers considered employees or independent contractors?
While the majority of UPS drivers are employees, a small percentage of its drivers are independent contractors. In both cases, you can file suit against UPS, but who else will be part of the lawsuit can differ.
What evidence exists in FedEx/UPS accident cases?
While certain types of evidence are common in accidents involving delivery companies such as FedEx or UPS, the most relevant evidence depends on the circumstances of the accident.
In general, records establishing damages and injuries are required. Vehicle and cell phone logs, photos of the accident, and even diagrams of the accident or area where the accident occurred are also frequently used.
A strong case will focus on collecting and organizing evidence that’s most relevant to the situation. A case centering on vehicle maintenance negligence requires a different approach than one that hinges on driver negligence.
How much insurance does FedEx or UPS carry?
Both FedEx and UPS provide verification of their auto insurance. In 2026, FedEx carried a $5 million combined single limit of liability, which covers both injuries and damages. UPS, in comparison, had a $1 million dollar liability policy as well as a policy for excess auto liability.
What damages can I recover from a delivery truck accident?
Louisiana does not have a cap on damages for personal injury claims. You must, however, provide evidence that establishes these damages, which can be economic or non-economic.
Some of the damages you can recover:
- Loss of income
- Loss of future earning potential
- Damage to your vehicle or other personal items
- Medical costs
- Future medical costs for certain injuries
- Out-of-pocket expenses
- Pain and suffering
- Inconvenience and lifestyle changes
To claim damages from an accident, you must have been found less than 51 percent liable. Your attorney can work with you to collect evidence to establish these damages and estimate future damages, such as medical expenses.
What is comparative fault, and what does the 2026 change in Louisiana’s law mean for me?
Until January 1, 2026, Louisiana was a pure comparative fault state. As of that date, the state switched to a comparative fault model. This change may sound small, but it has potentially major repercussions for anyone injured in a car accident.
For example, Mary is in a car accident. She seeks $10,000 in damages. During the trial, the defense introduces evidence that Mary was on her phone immediately before the crash. She’s found to be 60 percent liable for the accident.
In a pure comparative state, Mary could potentially still recover up to 4,000. This is 40 percent of the other driver’s fault.
In a comparative state, Mary is barred from recovering anything because she was more than 51 percent liable for the accident.
My accident occurred in 2025, but the case was filed in February 2026. Which standard of fault applies?
The new law applies to when the accident occurred, not when the case was filed or to any case filed before 2026 but still in progress. Any accident that occurred on or before December 31, 2025 will use pure comparative fault. Any accident that occurs on or after January 1, 2026, will use comparative fault.
The company offered me a settlement. Should I take it?
You shouldn’t agree to any settlement or sign any documents before speaking with an attorney. Agreements and signatures are often final, making it difficult for you to change your mind.
Remember: A delivery company’s attorneys work for the company, not you. Their job is to minimize the company’s liability.
An attorney can review any potential settlement offer and explain its pros and cons. While the ultimate decision is yours, an attorney can make sure you have all possible available information when making your decision.
Sometimes a settlement may be the best option. Sometimes negotiation before agreeing to a settlement is a better choice. And sometimes, a settlement may not be beneficial to you, and you’ll choose to proceed with your claim. The key is to have the facts and data to make an informed decision.
How long do I have to file a claim against UPS or FedEx in Louisiana?
No matter how serious the injury or damage, individuals cannot file a claim indefinitely. Failing to file a claim on time permanently bars your case. Louisiana’s general rule is one or two years, depending on your case. Schedule a meeting with a New Orleans injury attorney as soon as possible to avoid being prohibited from pursuing your action.
You Need an Advocate
Corporations like FedEx and UPS have experienced legal teams that focus on protecting their employer. You need Louisiana truck accident lawyers. Our team provides our clients with an advocate who will protect your rights and help you navigate this process.
Sorting through fault and liability after an accident can be overwhelming. You don’t have to do it alone. Schedule a free consultation with the Louisiana personal injury attorneys at Smiley Law Firm by calling (504) 822-2222 or visit our website for a free FedEx or UPS accident consultation.
This article is for general information and is not legal advice. Please consult an attorney about the specific facts of your case.