You were hit by a van with a big company’s logo on the side, or by a box truck making deliveries. You assume that company is responsible. Then the adjuster tells you the driver “doesn’t work for us” and is an independent contractor.
That answer is common, and it is often not the end of the story. In Texas, who pays depends on who the driver actually works for, who controlled the work, and whose insurance was in force when the crash happened.
Why the “independent contractor” label matters
Texas follows a basic rule: a company is usually responsible for a crash its employee causes while doing the job. Lawyers call this respondeat superior. If the driver is the company’s employee and was on the clock, the company and its insurer generally answer for the crash.
The rule is different for independent contractors. A company is generally not liable for the negligence of an independent contractor it hires. That is why companies that rely on delivery drivers often set them up as contractors or work through separate delivery businesses.
But a label alone does not settle it. Texas courts look at who had the right to control the details of the work. A written contract that truly gives the driver control usually counts for a lot, but not if it is a sham or the company actually ran the job anyway: picking the routes, setting the number of stops, deciding what the driver wore and when they worked. And even with a real contractor, a company that kept control over the specific part of the work that caused the crash can still be responsible.
Commercial trucks: federal rules can put the carrier on the hook
For commercial trucks hauling freight, there is another layer. Federal safety rules define a carrier’s “employee” to include an independent contractor driving a commercial vehicle for that carrier. Texas courts have used that rule to hold carriers responsible for crashes caused by their contract drivers, even when the driver owns the truck. (Trucks that stay inside Texas fall under the state’s version of these rules.)
In practice, the motor carrier the driver was hauling for usually cannot walk away just because the driver is a contractor. For-hire interstate carriers must also carry federal minimum liability insurance, generally at least $750,000 for ordinary freight and more for hazardous loads, and that coverage is often where a claim starts.
Other companies can be involved too:
- The motor carrier whose authority the truck was operating under.
- The company that leased the truck to the driver or carrier.
- A freight broker or shipper, in some cases, if it chose an unsafe carrier.
We cover those parties in more detail in our post on who can be held liable in a Fort Worth truck accident.
Delivery vans: three common setups
Last-mile delivery vans are where the contractor question comes up most. Most crashes fall into one of three setups.
1. A delivery company’s own employee. Some delivery companies hire drivers as employees and own the vans. The ordinary employer rule applies, and the company’s commercial auto policy is usually the first stop.
2. A separate delivery business working for a big retailer. Many branded vans on Fort Worth streets are run by smaller delivery companies that contract with a large retailer. The driver is usually that smaller company’s employee. That company and its commercial policy are generally responsible, and whether the larger retailer shares responsibility depends on how much control it had over the drivers and routes.
3. A gig driver in a personal car. App-based drivers often use their own cars. Their personal auto policy may exclude crashes that happen while they are delivering for pay. Some delivery apps add commercial coverage while the driver is on an active delivery. Amazon, for example, says its Flex drivers are covered by a commercial policy only while they are actively delivering during a scheduled block. Whether that coverage applies can turn on exactly what the driver was doing at the moment of the crash.
The point: the vehicle and the logo do not tell you who pays. The paperwork, the app records, and the insurance policies do.
Other ways a company can be responsible
Even when a driver truly is an independent contractor, a company can still be liable for its own mistakes. Common examples include:
- Negligent hiring or retention: hiring a driver with a poor driving record without checking.
- Negligent entrustment: handing a vehicle to someone the company knew or should have known was unsafe.
- Unsafe schedules or quotas: pushing drivers to hit delivery numbers that make speeding or distraction likely.
These claims focus on what the company did, not just what the driver did, and they still require showing the driver was negligent. In commercial vehicle cases, a 2023 Texas law also lets a company that admits the driver was working for it limit how some of these claims are tried.
What to do after a crash with a delivery or contract driver
The first few days matter, because the records that answer “who does this driver work for?” can be hard to get later.
- Get medical care right away and follow the treatment plan.
- Photograph the vehicle, including logos, the DOT number on the door of a commercial truck, and the license plate.
- Ask the driver who they work for and get the name of the company on any paperwork or app screen they show you.
- Get the crash report number from the officer.
- Do not give a recorded statement to any insurance company until you understand who is responsible and how much coverage is in play.
Texas generally gives you two years from the crash to file an injury lawsuit, with different rules for minors and for claims against government entities. Do not wait on it: evidence like dispatch logs, app data, and truck data can disappear much sooner.
Talk to a lawyer who handles these cases
Contract driver cases often come down to finding the right company and the right policy before the trail goes cold. If you were hurt by a delivery van or a contract truck driver, our Fort Worth truck accident lawyers can help sort out who is responsible. The consultation is free, and you pay nothing unless we recover for you.