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.

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.