Delivery vans, box trucks, service trucks, and company cars spend their days on the road, and many drivers are working against a schedule. When one of these vehicles causes a serious crash, the case often turns on who employed the driver, who owned the vehicle, and which insurance policies apply. Gross Law Group represents people and families hurt in delivery and company vehicle crashes in Pensacola, Escambia County, and Santa Rosa County.
Our Pensacola office is at 21 East Garden Street, Suite 208. We work to identify the driver's employer or contracting company, the vehicle's owner, and every insurer involved, and we pursue the compensation the law allows for medical care, lost income, and the long-term effects of a serious injury.
The first consultation is free. Call (850) 331-7775 or contact us online.
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Key Takeaways About Pensacola Delivery and Company Vehicle Crash Claims
- A company may be responsible for a crash caused by an employee driving within the scope of the job, and a vehicle owner may be responsible under Florida's dangerous instrumentality doctrine.
- Package, food, and grocery delivery drivers may be employees, independent contractors, or app-based drivers, and that status can affect which insurance applies.
- Heavier commercial vehicles used in interstate commerce are subject to federal safety rules, and interstate for-hire carriers must carry federal minimum insurance.
- Telematics, GPS, and dash camera data can be overwritten, so early action to preserve evidence matters.
- Florida generally allows two years to file, and a person more than 50 percent at fault cannot recover.
Delivery and Company Vehicle Traffic Around Pensacola
Pensacola sits where several major routes meet. Interstate 10 carries traffic east and west across Escambia and Santa Rosa Counties, and Interstate 110 connects I-10 to downtown Pensacola. U.S. 29 runs north from Pensacola through Cantonment and Century toward Alabama, and U.S. 98 crosses Pensacola Bay on the Pensacola Bay Bridge between Pensacola and Gulf Breeze. Delivery vans, box trucks, and company vehicles travel these routes and local streets throughout the day.
Stop-and-go deliveries to homes and businesses, frequent turns into driveways and loading areas, and tight schedules all put delivery and service vehicles in close contact with other drivers, cyclists, and pedestrians. Government vehicles are part of this traffic too. When a federal employee causes an injury while acting within the scope of the job, the claim generally falls under the Federal Tort Claims Act. A written claim usually must be presented to the responsible federal agency within two years (28 U.S.C. 2401(b)), and a lawsuit generally cannot be filed until the agency denies the claim or does not act on it within six months (28 U.S.C. 2675(a)). The same federal tort claim rules apply to claims arising out of U.S. Postal Service activities, including crashes involving postal delivery vehicles driven by Postal Service employees (39 U.S.C. 409(c)). Claims against a government agency are subject to written notice requirements and damage limits under Fla. Stat. 768.28.
Who May Be Responsible for a Delivery or Company Vehicle Crash
Depending on the facts, responsibility may extend beyond the driver to:
- The driver's employer, when the driver was acting within the scope of the job
- The owner of the vehicle, under Florida's dangerous instrumentality doctrine, although Florida and federal law limit this liability for some owners, such as rental and leasing companies and individuals who lend a vehicle
- A delivery, logistics, or service company that contracted with the driver, depending on its relationship with the driver and its control over the work
- Companies responsible for loading cargo or maintaining the vehicle
- Manufacturers of defective vehicle parts
Companies sometimes use contracts and independent-contractor arrangements that make it harder to tell who is responsible. We look at the vehicle title and registration, the driver's contracts, route and dispatch records, and any insurance the company provides for its drivers.
Insurance in Delivery and Company Vehicle Cases
Commercial motor vehicles used in interstate commerce with a gross vehicle weight rating of 10,001 pounds or more are subject to federal safety regulations (49 CFR 390.5). Federal rules set minimum liability insurance for interstate for-hire carriers hauling property in vehicles of 10,001 pounds or more: $750,000 for general freight, $1,000,000 for oil and many hazardous materials, and $5,000,000 for certain bulk hazardous materials (49 CFR 387.9). Trucks that run only inside Florida can carry far less. Florida's minimums for intrastate commercial motor vehicles weighing 26,000 pounds or more range from $50,000 to $300,000 depending on weight (Fla. Stat. 627.7415).
Many delivery vans, pickups, and company cars fall below these weight thresholds, so the coverage available depends on the commercial auto policy of the company or vehicle owner, any coverage the company provides for drivers, and the driver's own policy. Personal auto policies may limit or exclude coverage for business use, which is one reason we request every potentially applicable policy early.
Florida requires vehicle owners to carry $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability, but most drivers are not required to carry bodily injury liability coverage (FLHSMV). PIP generally pays 80 percent of reasonable, medically necessary medical expenses if you receive initial treatment within 14 days; the full $10,000 is available for medical care only if a qualifying provider determines you had an emergency medical condition, and medical benefits are limited to $2,500 if a provider determines you did not (Fla. Stat. 627.736).
To claim pain and suffering against an at-fault driver, the injury must involve significant and permanent loss of an important bodily function, a permanent injury, significant permanent scarring or disfigurement, or death (Fla. Stat. 627.737(2)).
How Gross Law Group Handles a Pensacola Delivery or Company Vehicle Case
- We send preservation demands for telematics and GPS data, dash camera and in-cab video, delivery app records, and route and dispatch logs.
- We request employment and contractor agreements, vehicle ownership and lease records, and inspection and maintenance history.
- We review the crash report from the investigating agency and work with accident reconstruction professionals when needed.
- We work with your doctors to document current and future medical needs and lost earning capacity.
- We deal with the companies and their insurers so you can focus on getting better.
Catastrophic Injuries and Wrongful Death
Crashes with box trucks and heavier delivery vehicles can cause traumatic brain injuries, spinal cord injuries, fractures, and fatal injuries. Learn more about how we approach catastrophic injury cases in the Florida Panhandle and wrongful death claims.
Florida Law and Escambia County Courts
Under the 2023 changes to Florida law (HB 837), most negligence claims arising after March 24, 2023 must be filed within two years (Fla. Stat. 95.11(5)(a)), and wrongful death claims also carry a two-year deadline (Fla. Stat. 95.11(5)(e)). Florida now uses modified comparative fault: in most negligence cases, a person found more than 50 percent at fault for their own injury cannot recover damages, and a lower share of fault reduces the recovery (Fla. Stat. 768.81(6)).
HB 837 also changed how medical bills are proven. Evidence of medical bills that have already been paid is now limited to the amount actually paid; evidence of unpaid bills generally includes what the injured person's health coverage would pay (or, for people without private coverage, an amount tied to Medicare or Medicaid rates); and treatment under a letter of protection must be disclosed (Fla. Stat. 768.0427). That makes careful documentation of current and future care more important than ever.
Lawsuits arising in Escambia and Santa Rosa Counties are filed in Florida's First Judicial Circuit (Florida Courts). Some cases against out-of-state companies may be heard in the U.S. District Court for the Northern District of Florida, which holds court in Pensacola (28 U.S.C. 89).
Speak With a Pensacola Delivery Vehicle Accident Lawyer
If you were seriously hurt, or lost a loved one, in a crash with a delivery or company vehicle in the Pensacola area, call Gross Law Group at (850) 331-7775 or reach us online. We handle injury cases on a contingency fee: No Recovery, No Fee. The first consultation is free.
We also handle Pensacola truck accident cases, Pensacola car accident cases, and other Pensacola personal injury claims.
Gross Law Group, P.A. – Pensacola Office
21 East Garden Street, Suite 208
Pensacola, FL 32502
Phone: (850) 331-7775
Pensacola Delivery and Company Vehicle Accident FAQs
Can I bring a claim against the company and not just the driver?
It may be possible, depending on the facts. A company may be responsible for a crash caused by an employee driving within the scope of the job, and under Florida's dangerous instrumentality doctrine a vehicle's owner can be responsible when someone it allowed to use the vehicle causes a crash. When a driver is classified as an independent contractor, the answer depends on the facts, including who owned the vehicle and how much control the company had over the work.
What if the delivery driver was using a personal car?
Personal auto policies may limit or exclude coverage while a vehicle is used for business deliveries, and some companies carry separate coverage for drivers who deliver for them. Which policy applies depends on the policies and on what the driver was doing at the time of the crash, so we request the policies and the company's records early.
What if a postal or other government delivery vehicle hit me near Pensacola?
Claims arising out of U.S. Postal Service activities are handled under the Federal Tort Claims Act, which generally requires a written claim to the agency within two years (28 U.S.C. 2401(b) and 39 U.S.C. 409(c)). Claims against state or local government agencies are subject to written notice requirements and damage limits under Fla. Stat. 768.28.
How long do I have to bring a claim?
Florida generally allows two years to file a negligence lawsuit for claims arising after March 24, 2023, and two years for wrongful death claims (Fla. Stat. 95.11(5)(a) and (5)(e)). Telematics, GPS, and video records can be overwritten much sooner, so please call us promptly.
Can I recover if I was partly at fault?
Florida uses modified comparative fault. If you are 50 percent or less at fault, your damages are reduced by your percentage of fault. If you are found more than 50 percent at fault, you cannot recover (Fla. Stat. 768.81(6)).
What does it cost to hire Gross Law Group?
See fee terms in your written agreement. The first consultation is free.