If you were seriously injured by a delivery truck, van, or gig-economy delivery driver in San Francisco or anywhere in California, the claim often involves more than one insurance policy and more than one potentially responsible party. At Sally Morin Personal Injury Lawyers we focus on serious traffic-accident injuries. We identify every available coverage layer and pursue the full compensation the facts support.
Why Choose Sally Morin Law for Your Delivery Truck Accident Case
We are a five-star rated, all-female California personal injury firm that has represented seriously injured clients since 1997. Our practice is limited to cases involving broken bones, traumatic brain injuries, injuries requiring hospitalization or surgery, and other life-changing harm.
Delivery and commercial-vehicle cases frequently turn on whether the driver was an employee or an independent contractor, whether a commercial policy or only a personal policy applies, and whether the company shares responsibility for hiring, training, or pressure to meet delivery quotas. We investigate those layers from the start.
Named results involving commercial or delivery vehicles:
- $485,000 – Bicycle versus commercial vehicle collision.
- Additional six-figure recoveries in related high-impact and commercial-vehicle cases.
Fee promise: We work on a pure contingency fee. You pay no attorney fees unless we recover compensation for you. We also negotiate medical liens so more of the recovery stays with you.
Notable Results in Delivery and Commercial Vehicle Cases
$485,000 – Bicycle vs. Commercial Vehicle
Settlement for a cyclist injured in a collision with a commercial vehicle.
$499,000 – Delivery Truck Accident
Settlement arising from a delivery truck collision.
Additional high-severity recoveries
The firm has also secured substantial results in related truck, rideshare, and high-impact cases, including recoveries that combined multiple coverage layers.
Employee vs Contractor and Whose Insurance Applies
Delivery cases are rarely simple single-policy claims. The correct path depends on the company, the driver’s status, and what the driver was doing at the moment of the crash.
Traditional commercial fleets (UPS, FedEx, many Amazon delivery partners)
Drivers are often employees or dedicated contractors operating under the company’s commercial auto policy. The company can be held vicariously liable for the driver’s negligence. Commercial policies typically carry higher limits than personal auto policies. We also examine maintenance records, driver qualification files, hours-of-service issues, and any evidence of rushed schedules.
Gig-economy delivery (Amazon Flex, DoorDash, Uber Eats, and similar)
Many drivers are classified as independent contractors using their own vehicles. Coverage often follows periods similar to rideshare:
- App off / not working: usually only the driver’s personal auto policy.
- App on, waiting for a delivery: limited or contingent coverage from the platform in some programs.
- Active delivery (en route to pick up or drop off): higher commercial liability limits from the platform (Amazon Flex, for example, has published up to $1 million in liability while on an active delivery).
The exact numbers and triggers vary by company and policy year. We obtain the app data, trip records, and policy language to determine which period applies and which carrier must respond.
Commercial policy versus personal policy
When a commercial policy applies, limits are usually higher and the claim is handled by a commercial carrier. When only a personal policy applies, limits may be low and the carrier may dispute coverage if the vehicle was being used for delivery. We pursue every available layer and challenge improper coverage denials.
Core rules that still apply
- Duty of ordinary care (Civil Code § 1714)
- Pure comparative negligence
- Vehicle Code rules on speed, following distance, lane changes, and right-of-way
- Owner liability / permissive use principles
- Two-year statute of limitations for most personal-injury claims (CCP § 335.1)
San Francisco and Bay Area Delivery Traffic
San Francisco’s dense streets, double-parking, narrow lanes, and constant mix of trucks, vans, bikes, scooters, and pedestrians create frequent conflict points. Delivery vehicles of every size operate throughout the day and evening. Blind-spot collisions, backing incidents, and right-hook or left-cross turns are common patterns we see.
Cases arising in San Francisco are typically filed in San Francisco Superior Court. East Bay, Peninsula, and South Bay collisions may be venued in the appropriate county superior court. Company markings, vehicle numbers, and delivery-app data are often critical pieces of evidence and should be preserved early.
How a Delivery Truck or Gig-Delivery Claim Works
Immediate steps after a delivery-vehicle collision
- Seek medical care immediately.
- Call 911 and obtain a police report. Note any company name, vehicle number, or driver identification.
- Photograph the vehicles, company markings, scene, and injuries.
- Collect witness information.
- Preserve any delivery-app screenshots or notifications if you are the driver.
- Avoid recorded statements to the company or its insurers without legal advice.
- Contact a lawyer experienced in commercial and gig-delivery claims promptly.
What our firm handles
- Identification of the driver, the company, and every applicable insurance policy
- Requests for trip data, app logs, and commercial policy information
- Evaluation of employee versus contractor status and vicarious liability
- Full medical documentation and future-care analysis
- Negotiation of medical liens
- Litigation when a fair settlement cannot be reached
Typical timeline
Some claims resolve within a few months after medical treatment stabilizes. Cases that involve disputed coverage periods, multiple carriers, or significant injuries often take longer. We keep the investigation and the claims moving in parallel.
Frequently Asked Questions – Delivery Truck and Gig-Delivery Accidents
Who is liable when a delivery truck hits me?
Often the driver and the company. Vicarious liability, commercial policies, and, in some cases, negligent hiring or supervision claims may all apply.
What if the driver was an Amazon Flex or other gig worker?
Coverage usually depends on whether the driver was on an active delivery. Platform commercial limits may apply during active periods; personal policies may be primary at other times. We determine the correct period and policy.
Does a commercial policy always respond?
Not always. If the driver was off the clock or outside the scope of the platform’s coverage triggers, the claim may fall to a personal policy. We identify every layer that can be triggered.
What if the delivery driver was using a personal vehicle?
The personal policy may respond, and the company or platform policy may also respond depending on the activity at the time of the crash.
Can I recover if I was partially at fault?
Yes. California’s pure comparative negligence rules still allow recovery, reduced by your percentage of responsibility.
How long do I have to file a claim?
Most claims must be filed within two years. Early action helps secure company records and app data.
Do you handle garbage-truck and other specialized commercial vehicle cases?
Yes. Related content on garbage-truck and delivery hazards is linked below.
What Clients Say
Related Delivery and Commercial Vehicle Resources
Contact a California Delivery Truck Accident Lawyer Today
If you or a loved one was injured by a delivery truck, Amazon Flex driver, FedEx or UPS vehicle, or any commercial or gig-delivery driver, speak with our team. We will identify every applicable policy, determine employee versus contractor status, and pursue the full compensation available.
Meet Our Team
Get the settlement you deserve
Since 1997, Sally Morin Personal Injury Lawyers have helped clients recover compensation for serious injuries from car, motorcycle, scooter accidents, and more. Contact our expert team for help with your California injury case.
Our Location
We serve clients throughout Oakland and the East Bay from our San Francisco headquarters.