Hit by a FedEx Truck in Miami

Miami sees thousands of FedEx delivery vehicles a day — Express vans, Ground vans, and Freight tractor-trailers. When one of those trucks causes a crash, identifying the right defendant is more complicated than it looks. FedEx Corporation is actually a holding company over multiple operating subsidiaries (Federal Express Corporation, FedEx Ground, FedEx Freight, and others), and the structure of how each subsidiary employs or contracts with its drivers significantly affects who can be held liable.

FedEx Express vs. FedEx Ground vs. FedEx Freight

• FedEx Express drivers are typically direct W-2 employees of Federal Express Corporation. The company is liable for their on-duty negligence under respondeat superior.
• FedEx Ground drivers are usually employees of independent "Independent Service Providers" (ISPs) — small companies that contract with FedEx Ground to operate delivery routes. FedEx Ground takes the position that the ISP, not FedEx itself, is the driver's employer. Both companies are typically named as defendants and the question of FedEx Ground's vicarious liability is litigated case by case, but the ISP and its insurance are almost always reachable.
• FedEx Freight drivers are typically W-2 employees of FedEx Freight, Inc., a less-than-truckload carrier with substantial commercial coverage.

Federal Trucking Regulations Apply

FedEx Express and FedEx Freight tractor-trailers are subject to the federal Motor Carrier Safety Regulations (49 CFR Parts 350–399) governing driver hours of service, vehicle inspection, drug and alcohol testing, and equipment standards. Smaller delivery vans may also be regulated depending on weight and configuration. A regulatory violation can support negligence per se in your civil case.

Insurance Coverage

FedEx and its ISPs maintain substantial liability coverage — far more than the typical Florida personal-vehicle policy. Federal minimums for interstate motor carriers start at $750,000, and FedEx entities typically carry primary policies of $1 million or more with layered excess coverage. The available limits make full-value damages economically realistic in serious crash cases.

Evidence to Preserve

• The truck's electronic logging device (ELD) data
• The engine control module download
• Any in-cab dashcam video
• The driver's qualification file, training records, and prior crash history
• The truck's maintenance and inspection records
• Dispatch and route records
• Surveillance video from any nearby business or traffic camera

Most of this evidence is in FedEx's exclusive control and is subject to short retention periods. We send a written preservation-of-evidence letter to FedEx within hours of being retained.

Why the Employment Model Drives the Case

The most important early decision in a FedEx crash case is identifying which FedEx subsidiary owned the vehicle and which entity actually employed the driver. The truck's exterior branding does not always answer the question. A FedEx Ground van bears the same purple-and-orange livery whether the driver works for FedEx Ground directly, for one of hundreds of contracted Independent Service Providers (ISPs), or for a contractor that has subcontracted the route to yet another small company. The USDOT number on the cab, the registration on the vehicle, and the driver's pay stub will usually reveal the actual employer.

That matters because FedEx Ground has spent years litigating — and largely defending — the legal position that ISP drivers are not its employees for vicarious-liability purposes. In some markets, FedEx has been bringing routes back in-house with directly employed drivers, but the contractor model remains widespread. When the ISP is the employer, the practical reality is that the ISP carries its own commercial auto policy (often $1 million primary, sometimes more), and that policy is the first source of recovery. FedEx Ground is typically also named as a defendant on theories of negligent selection of the contractor, negligent supervision, retained-control vicarious liability, and apparent agency — but the legal viability of those theories is litigated case by case.

The First 24 Hours After a FedEx Crash

1. Call 911 and get a Florida Traffic Crash Report. The investigating officer's narrative and citations are foundational evidence.
2. Photograph the FedEx vehicle — every angle, the cab door (which displays the USDOT number), the trailer number if applicable, the driver's name badge, and the position of the truck relative to your vehicle and the road.
3. Note the exact division — Express, Ground, Freight, Custom Critical, or Home Delivery. These are separate operating subsidiaries with different employment models and different insurance.
4. Get the driver's name and route number.
5. Identify witnesses immediately. Tourists and gig workers in Miami often disappear within days.
6. Get medical evaluation the same day. Florida's PIP statute (§ 627.736) requires a licensed-provider evaluation within 14 days to preserve $10,000 in no-fault benefits.
7. Do not give a recorded statement to FedEx, the ISP's insurance carrier, or any claims representative who calls.
8. Preserve your damaged vehicle, bicycle, helmet, or clothing until counsel and an accident reconstructionist inspect them.

Florida's Insurance Framework

Florida is a no-fault state. Every Florida driver carries $10,000 in Personal Injury Protection under § 627.736, paying 80% of medical bills and 60% of lost wages regardless of fault. To step outside the no-fault system and recover non-economic damages from FedEx or the ISP, you must satisfy the serious-injury threshold of § 627.737 — permanent injury within a reasonable degree of medical probability, significant scarring or disfigurement, or significant and permanent loss of an important bodily function. Most crashes producing fractures, surgical injuries, traumatic brain injuries, or herniated discs cross the threshold.

On the liability side, the federal minimum coverage for interstate motor carriers under 49 CFR § 387.9 is $750,000. FedEx subsidiaries and most ISPs carry materially more — $1 million primary policies, with excess and umbrella layers above that. In a serious-injury case, identifying every layer of coverage is essential, and that is one of the first tasks of plaintiff's counsel.

Comparative Fault Under § 768.81

Since March 2023, Florida applies a modified comparative-negligence rule. If the jury finds you more than 50% at fault, you recover nothing. At 50% or below, your damages are reduced by your percentage of fault. FedEx defense lawyers routinely argue that the cyclist was outside the bike lane, that the pedestrian was crossing mid-block, or that the other driver was speeding or distracted. Pushing your share of fault as far below the 50% bar as possible is one of the most important strategic tasks of the case.

Damages Available

• Past and future medical expenses
• Past and future lost wages and loss of earning capacity
• Future life-care needs in catastrophic cases, supported by a life-care planner
• Pain and suffering, mental anguish, and loss of enjoyment of life
• Disfigurement and scarring
• Loss of consortium for the injured person's spouse
• Wrongful death damages under § 768.16 et seq. for surviving spouses, children, and certain dependents

Statute of Limitations

HB 837, signed into law in March 2023, shortened Florida's general negligence statute under § 95.11 from four years to two years. A FedEx crash today must be filed within two years of the crash date. Wrongful death cases have a two-year deadline running from the date of death. Missing the deadline permanently extinguishes the claim, regardless of how strong the underlying evidence is.

Common Defense Tactics

• "FedEx is not the employer." Expect this in nearly every Ground case. The contract documents, route data, branding, and degree of control retained by FedEx Ground are all litigated.
• "The injury preexisted the crash." Defense will subpoena every prior medical record. We work with treating physicians to document the difference between baseline degeneration and acute trauma.
• "The plaintiff is exaggerating." Surveillance investigators are hired in nearly every serious case.
• "The plaintiff did not mitigate damages." Treatment gaps and refusal of recommended care are used aggressively. We coordinate care to avoid those gaps.
• "The plaintiff caused the crash." Scene photographs, witness statements, traffic-camera footage, the truck's electronic logging data, and any in-cab dashcam footage are used to lock down liability.

Why a Miami Venue Matters

FedEx crashes involving Miami-Dade plaintiffs are properly venued in the Eleventh Judicial Circuit. Miami juries understand the density of commercial delivery activity in Brickell, downtown, Coral Gables, Wynwood, Doral, and along I-95, the Palmetto Expressway, the Dolphin, the Turnpike, and U.S. 1. Local treating physicians at Jackson Memorial, Baptist Health, Mount Sinai, and other South Florida systems are accessible for trial. Venue is not an afterthought — it shapes jury composition, the realistic settlement value, and the practical logistics of the case.

Frequently Asked Questions

Should I talk to FedEx's insurance company?

No. Refer all communications to your lawyer. Anything you say will be recorded.

How do I know if a FedEx Ground driver was an ISP employee or a direct hire?

The cab door USDOT number, the vehicle registration, and the driver's pay records will reveal the answer. We obtain these records through formal discovery and pre-suit subpoenas.

What if I was partially at fault?

You may still recover, but only if your share of fault is 50% or less under § 768.81. Your damages will be reduced proportionally.

How long do FedEx cases take?

Most cases that resolve before trial take 12 to 24 months. ISP-related liability disputes can extend that timeline because the question of FedEx's vicarious responsibility often requires substantial discovery.

What does it cost to hire your firm?

Nothing upfront. We handle FedEx cases on a contingency-fee basis and advance all costs of investigation, expert witnesses, and litigation. You owe nothing unless we recover.

If you or a loved one has been hit by a FedEx truck in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.