Why delivery-truck crashes are different
Crashes with parcel carriers and last-mile fleets often involve employer responsibility, commercial insurance, and sometimes federal motor-carrier rules (when the vehicle qualifies as a CMV). Kentucky also uses comparative fault, so responsibility can be split among multiple people/companies based on the evidence.
Who’s the actual “employer”?
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Amazon: Many Amazon-branded vans are operated by independent Delivery Service Partners (DSPs) who hire and supervise the drivers; the DSP is a separate company.
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FedEx Ground: Pickup-and-delivery routes are run by independent contracting businesses (ISPs) under contract with FedEx Ground.
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UPS: Drivers are UPS employees covered by union agreements (Teamsters).
Takeaway: Branding on a van isn’t the whole story. We identify the operating company and the insurance policy that applies.
Who may be liable (and why)
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The company that employed/supervised the driver
Under ordinary agency principles, an employer is often responsible for an employee’s on-the-job negligence (respondeat superior). Determining “employee vs. contractor” turns on right-to-control—not labels. (This is frequently litigated with delivery fleets.) -
The driver for unsafe driving (speeding, distraction, signal violations).
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Direct company negligence (e.g., negligent hiring, training, or maintenance of a vehicle). If the vehicle is a commercial motor vehicle (CMV), federal rules on Hours of Service (HOS), phone use, and inspection/maintenance may be relevant evidence.
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Other motorists/road users whose actions contributed.
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Product/maintenance issues if a defect or failed repair played a role.
Kentucky’s comparative fault statute allows a jury to apportion fault among all responsible parties.
Do federal trucking rules apply to delivery vans?
Not always—but sometimes. A vehicle is a CMV for many federal rules when used in interstate commerce and weighs 10,001 lbs+ GVWR/GCWR (or meets certain passenger/hazmat criteria). Some step vans hit that threshold; many smaller vans do not. If it’s a CMV:
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Texting/handheld bans apply: 49 CFR 392.80 and 392.82.
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Hours of Service / ELD: 49 CFR Part 395.
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Inspection/maintenance: 49 CFR Part 396.
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USDOT markings must identify the operating carrier (if another name appears on the vehicle, the operating carrier’s legal name and USDOT must still be displayed).
CMV definition references: 49 CFR 390.5 (10,001-lb threshold; GCWR combination rule).
What insurance may apply?
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Commercial auto liability: Typically higher limits than personal auto.
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If it’s a regulated CMV in interstate commerce: federal minimum financial responsibility often starts at $750,000 for non-hazmat freight (with higher limits for certain hazardous materials). 49 CFR 387.9.
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MCS-90 endorsement: Many motor carriers carry an MCS-90, which acts as a public-protection backstop for federally required minimums (not a cure-all, but important).
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Kentucky no-fault (PIP/BRB): Early medical/wage benefits may be available under Kentucky’s MVRA; timelines are strict. KRS 304.39-230 addresses limitations for motor-vehicle claims tied to PIP.
What to do after a delivery-truck crash (practical steps)
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Medical first. Get evaluated and follow the treatment plan.
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Document identifiers: snap photos of the company name on the doors, USDOT/MC (if present), unit/trailer ID, and license plates. (Brand logos ≠ operating carrier.) 49 CFR 390.21 helps confirm the legally responsible operating carrier on CMVs.
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Scene evidence: lane lines, debris/skid marks, signal phases, visibility, and vehicle final positions.
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Witnesses & official info: get names/contacts and the police report number.
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Preserve digital data: request that dash-cam, ECM/EDR, ELD/HOS, and maintenance records be preserved (short retention windows are common).
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Be cautious with insurers: share basics; avoid recorded statements until you understand your rights.
Evidence to save (checklist)
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Police report and any reconstruction/diagram.
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Vehicle data: ECM/EDR (“black box”), ELD/HOS driver logs, dash-cam (driver-facing & road-facing), maintenance/inspection files.
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Employment/contracting: who employed the driver (DSP/ISP/UPS), dispatch notes, route assignments, company phone-use policy (ties to 392.80/.82).
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Medical: ER records, imaging, work restrictions, bills, out-of-pocket costs.
FAQs
Does a big brand on the truck mean that brand pays?
Not automatically. We identify the operating company and its insurance. For Amazon and FedEx Ground, the driver may work for a separate contractor (DSP/ISP); UPS drivers are employees.
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Are there special rules for these drivers?
If the vehicle qualifies as a CMV, federal rules apply (no texting/handheld, HOS/ELD, inspection/maintenance). Otherwise, Kentucky traffic laws and commercial-policy terms still govern fault and coverage.
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What are Kentucky’s timelines?
Motor-vehicle claims have strict deadlines tied to the MVRA; see KRS 304.39-230 (limitations). Ask early so evidence isn’t lost.
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Can I recover if I was partly at fault?
Often, yes. Kentucky’s comparative fault statute (KRS 411.182) allows recovery reduced by your share of responsibility.
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What if the van didn’t have a USDOT number?
Some smaller vans aren’t CMVs under federal rules. We still trace ownership/insurance, and if the combined rating (truck + trailer) meets 10,001 lbs, CMV rules can kick in.
How Morrin Law Office helps (educational)
We represent Kentuckians injured by delivery and company vehicles across the Commonwealth. We move quickly to identify the operating company, preserve electronic data, and explain your options in plain English while you focus on recovery.
Contact Morrin Law Office — (859) 358-0300 • morrinlawoffice.com • 214 W Main St, Richmond, KY 40475
Serving clients statewide.
Disclaimer
This article summarizes public information and general Kentucky law. It is not legal advice and not a solicitation. Do not contact crash victims or families based on this post. Laws change and facts vary; for specific guidance, consult a Kentucky-licensed attorney.
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