Hit by a delivery van in Austin: who pays and how to find a delivery accident lawyer
Who pays after a delivery van crash in Austin depends on the company. UPS describes its drivers as employees, Amazon's delivery partners hire their own, and a USPS truck means a federal claim, due within 2 years. Most other Texas injury suits must be filed within 2 years.
Last checked November 9, 2026 · Official sources (32)
Which company is really behind the delivery van that hit me in Austin?
A logo does not tell you who hired the driver. Here is what each company says about itself, and why it matters.
| Van or truck | Who employs the driver | Who to look at |
|---|---|---|
| Amazon-branded van | Delivery Service Partners, independent businesses that hire their own employees. | The partner first, then whether Amazon controlled the work. |
| Amazon Flex, personal car | A contractor using a personal car. | The Amazon commercial policy, up to $1,000,000 while actively delivering. |
| UPS | UPS describes delivery drivers as its employees. | UPS. |
| FedEx | Both employee couriers and independent service providers. | The service provider's name on the truck. |
| USPS | The federal government. | A federal claim, not a regular insurance claim. |
Texas asks who had the right to control the progress, details and methods of the work. Companies often say they did not. Your lawyer can ask for routes, app data and contracts to test that.
We could not confirm a current, official list of Amazon, UPS or FedEx depots in Austin, so we do not name any here. The name on the van and the police report are more reliable anyway.
What do I photograph after a delivery van hits me in Austin?
- Call 911 if anyone is hurt. Officers may not respond to crashes where cars can drive and no one is hurt.
- Photograph both sides of the van. A February 2025 council copy of city code says commercial vehicles must display the business name.
- Get the plate, any DOT number, the driver's name and the name on the driver's badge or vest.
- Ask if the driver was on a route.
- Buy the crash report through BuyCrash, or from TxDOT for $6.
Officers complete a CR-3 report when one is required. If no officer came, your photos may be the main record. Keep any driver report you filled out, because TxDOT no longer keeps those.
Can a delivery truck block a lane in downtown Austin?
Sometimes, with a permit. That same copy of city code says the transportation director may permit commercial loading from a metered space, loading zone or curb-side travel lane. A permit is not a free pass. A driver parked in a lane still has to act with care, and so does anyone swinging a door or backing up.
Delivery traffic lands on streets already carrying a lot. The regional plan counts an average of 43,000 truck trips a day in and out of the region, about one-third starting or ending in Travis County. Travis County had 648 commercial vehicle crashes in 2025, with 11 people killed. Those numbers cover commercial vehicles broadly, and we did not find a count for delivery vans alone.
Whose insurance pays for a delivery van crash in Austin?
- A for-hire vehicle of 10,001 pounds or more carrying cargo across state lines: federal rules set a $750,000 minimum.
- An employer can be liable when a worker has a crash driving for business.
- A driver's personal policy may not cover delivery work.
- Some policies cover carrying goods but not the side trips or the ride back.
- A regular Texas minimum policy is only $30,000 per person.
Above 50 percent of the fault, you recover nothing. Texas also has special rules for lawsuits over commercial vehicles, which include delivering goods. A company can ask to split the trial into two phases.
What if a USPS mail truck hit me in Austin?
A claim against the Postal Service must be presented within two years of when it accrues. If it is denied, you have six months from the date the denial was mailed to file suit. We could not find an Austin-specific claims address, so ask your local post office in writing where tort claims go, and keep proof of what you sent.
The Texas 2-year statute does not help you here.
What if a City of Austin truck was making the delivery?
City vehicles fall under a much shorter rule. The city says a claim letter must be sent within 45 days of the incident. Mail it to the Law Department - Claims, P.O. Box 1546, Austin 78767-1546, or call 512-974-2268 with questions.
What should I ask a delivery accident lawyer in Austin?
- Who employed this driver, and how will you find out?
- How will you get the route, GPS and app data before it is gone?
- Is there a policy above the driver's own?
Questions
Can I sue Amazon if a delivery van hit me in Austin?
Possibly, but Amazon says its delivery partners are independent businesses. Texas looks at who had the right to control the work.
How long do I have after a USPS crash?
Two years to present the claim, then six months after a final denial to sue.
Who investigates a delivery van crash in Austin?
Usually Austin Police in the city. On unincorporated county roads, it may be the Travis County Sheriff.
Amazon, UPS or delivery van accident in Austin? See if you are owed money.
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See if I’m owed moneySources (32)
- UPS, checked 2026-11-09. “UPS provides employees with industry-leading pay and benefits. On average, delivery drivers earn”
- Amazon, checked 2026-11-09. “While DSPs as independent businesses hire and manage their own employees”
- 39 CFR 912.3, checked 2026-11-09. “A claim under the Federal Tort Claims Act must be presented within two years from the date the claim accrues.”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- City of Austin, Council backup on City Code Chapters 12-3 and 12-5 (February 2025), checked 2026-11-09. “shall display the name of the commercial enterprise on the”
- Amazon Flex, checked 2026-11-09. “The Amazon Commercial Auto Insurance Policy includes auto liability coverage of $1,000,000”
- Amazon Flex, checked 2026-11-09. “you are protected under the Amazon Commercial Auto Insurance Policy while you're actively driving and delivering”
- Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “Vehicles are drivable and there are no injuries”
- FedEx, checked 2026-11-09. “FedEx contracts with independent businesses that utilize their own employees”
- Limestone Products Distribution v. McNamara (Tex. 2002), checked 2026-11-09. “the right to control the progress, details, and methods of operations of the work”
- City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
- TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy.”
- Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “Complete a TXDOT Crash Report (CR-3) when required”
- TxDOT, Crash reports and records, checked 2026-11-08. “Drivers involved in a crash not investigated by a police officer who were provided a CR-2 or similar local agency form should retain this information for their records.”
- City of Austin, Council backup on City Code Chapters 12-3 and 12-5 (February 2025), checked 2026-11-09. “commercial loading zone, or curb-side travel lane.”
- CAMPO Regional Freight Plan, Executive Summary, checked 2026-11-08. “On average, 43,000 truck trips enter and leave the CAMPO region each day.”
- CAMPO Regional Freight Plan, Executive Summary, checked 2026-11-08. “Approximately one-third of these trips originate or end in Travis County”
- TxDOT, 2025 Commercial Motor Vehicle Involved Crashes by County, checked 2026-11-08. “Travis 7 11 22 30 133 232 90 166 393 1,490 3 48 648”
- 49 CFR 387.9, checked 2026-11-09. “with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000”
- Texas Department of Insurance, checked 2026-11-09. “Your employer may be liable for damages if you have an accident while driving for business purposes.”
- Texas Department of Insurance, checked 2026-11-09. “Other personal use policies won't cover driving for business.”
- Texas Department of Insurance, checked 2026-11-09. “For example, a policy might cover you when you are carrying goods for delivery, but not your drive to pick the goods up, the return trip, or side-trips for lunch or errands.”
- Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Texas Civil Practice and Remedies Code 72.051, checked 2026-11-09. “a motor vehicle being used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services”
- Texas Civil Practice and Remedies Code 72.052, checked 2026-11-09. “on motion by a defendant, the court shall provide for a bifurcated trial”
- 39 CFR 912.3, checked 2026-11-09. “Suit must be filed within six months after the date of mailing by certified or registered mail of notice of final denial”
- City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
- City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
- City of Austin, File a Claim, checked 2026-11-08. “Need Help? 512-974-2268”
- TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “AUSTIN PD 94 98 256 287 2,631 3,609 2,229 3,785 4,792 17,586 310 1,223 10,312”
- TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “TRAVIS COUNTY SO 2 2 78 86 613 805 404 630 1,918 5,524 123 279 3,138”