Hit by a delivery van in Midland: who pays and finding a delivery truck accident lawyer
If an Amazon, UPS, FedEx or Postal Service van hit you in Midland, who pays depends on who employs the driver. A UPS driver is an employee. Amazon routes run through independent businesses. Postal Service claims have their own 2-year federal deadline. Other claims generally must be filed within 2 years.
Last checked November 9, 2026 · Official sources (30)
How often do delivery vans crash in Midland?
We could not find an official count of delivery van crashes in Midland, and we could not find an official list of where Amazon, UPS or FedEx run their local routes from. The closest number is broader: 536 crashes in Midland County in 2025 involved a commercial motor vehicle. That number includes far more than vans, such as oilfield and freight trucks.
Vans go where big rigs mostly do not. The city's truck route map marks roads like Wadley Avenue, Midkiff Road, Midland Drive and Big Spring Street as local truck routes, but a delivery van turns off those onto your street. Two local patterns matter.
Red light and stop sign running shows up in 34% of Midland crashes, and angle and rear-end crashes are the top types at 17% each. Both can happen when a driver is watching for the next address and not the road.
Who pays if a delivery driver hits me in Midland?
| Driver | How the company describes it | Whose insurance to look for |
|---|---|---|
| Amazon van with a route company | Independent businesses that hire their own employees | The route company first, then ask about Amazon |
| Amazon Flex in a personal car | $1,000,000 auto liability while actively delivering | Flex coverage only during active delivery |
| UPS | Delivery drivers are UPS employees | UPS |
| FedEx | Both employee couriers and service providers | FedEx or the contractor, depending on the route |
| Postal Service | A federal agency | A federal claim, not an insurer |
| Local courier or food delivery | Often a personal car | The driver's policy, which may or may not cover delivery |
Texas tests whether someone is really a contractor by asking who had the right to control the details of the work. A company's label is not the end of it. An employer can be liable for a driver doing its business.
The minimum Texas liability policy is $30,000 per person. A van on a personal policy can be a problem, because a policy may cover deliveries but not side trips. Larger for-hire carriers crossing state lines at 10,001 pounds or more face a federal floor of $750,000.
What if a mail truck hit me in Midland?
Do not treat it like a normal car claim. You file a federal administrative claim within 2 years. If the Postal Service denies it, you have 6 months after the final denial to sue. The City of Midland's 60-day deadline is not the one that applies here. That deadline is for city vehicles, such as a street crew truck. Check the door of the vehicle before you assume.
What should I do right after a delivery van crash in Midland?
- Call police. Midland Police investigate most crashes in the city, 2,618 in 2025.
- Photograph the van's sides, plates, any number on the door, the driver's badge and any packages in view.
- Ask the driver who they work for, in those words. Write down the answer.
- Save your phone's location history and note the delivery route if a neighbor has a camera or doorbell video.
- Get the report at MPD Records, 601 N. Loraine, usually after 1 p.m. five days later.
- Do not sign for a company's insurer until you know which company it is.
Can the delivery company be blamed too in Texas?
Yes, in some cases, but Texas has special trial rules. Its commercial vehicle law covers delivering goods and carrying passengers. A defendant can ask for a two-phase trial. An employer that admits the driver was on the job can narrow ordinary negligence claims against the company. A lawyer should tell you early whether that will happen in your case.
Fault gets split too. A defendant generally pays only its own percentage. If a Midland driver was also at fault, expect the insurer to say so, and remember the 50 percent bar.
Ask a lawyer these questions: Which company really employed this driver? Is there one policy or two? Will you ask right away for the route and tracking data on the van? How does the two-phase trial rule change my case?
Questions
Can I sue Amazon if its van hit me in Midland?
Maybe. Amazon says route companies are independent, so you need to find out who had the right to control the work.
How long do I have after a delivery van crash in Midland?
Generally 2 years to sue. For the Postal Service, 2 years to file a federal claim.
Does the driver's personal car insurance cover deliveries?
Some policies do and some do not. Ask for the policy in writing.
Who investigates a crash on a county road?
Sheriff's deputies patrol the county. Records: (432) 688-4660.
Amazon, UPS or delivery van accident in Midland? See if you are owed money.
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See if I’m owed moneySources (30)
- 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”
- 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”
- Texas Civil Practice and Remedies Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- TxDOT, 2025 CMV Involved Crashes and Injuries by County, checked 2026-11-08. “Midland 11 11 15 19 70 96 43 67 392 1,088 5 37 536”
- City of Midland, Truck Routes map, checked 2026-11-08. “Local Truck Route”
- City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Red light and stop sign running is a”
- City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Angle – Both Going Straight”
- FedEx 2026 annual report, checked 2026-11-09. “we utilize both employee couriers and service providers”
- FedEx, checked 2026-11-09. “FedEx contracts with independent businesses that utilize their own employees”
- Texas Department of Insurance, checked 2026-11-09. “Other personal use policies won't cover driving for business.”
- 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”
- 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 Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
- 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.”
- 49 CFR 387.9, checked 2026-11-09. “with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000”
- 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 Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
- TxDOT, Crashes by investigating agency, 2025, checked 2026-11-08. “MIDLAND PD 12 12 74 84 393 565 386 624 1,617 5,181 136 394 2,618”
- Midland Police Department, Request A Police Report, checked 2026-11-08. “Traffic accident reports are typically available at the MPD Records window after 1 p.m., five days after the accident.”
- Midland Police Department, Request A Police Report, checked 2026-11-08. “MPD Records Phone: (432) 685-7145 Address: 601 N. Loraine”
- 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”
- Texas Civil Practice and Remedies Code 72.054, checked 2026-11-09. “shall be based only on respondeat superior if the defendant stipulates”
- Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility”
- Midland County Sheriff, Patrol Division, checked 2026-11-08. “patrol all 902 square miles of Midland County”
- Midland County Sheriff, Contact Us, checked 2026-11-08. “Records Section (432) 688-4660”