Delivery Driver Lawsuits: The Rights of Deliverers and Recipients

In today's fast-paced world, direct-to-consumer delivery services are more common than ever. Whether through Amazon, FedEx, or UPS, many homes have a delivery box at the door every day, from groceries to gadgets, from prescriptions to presents.

The people both making these deliveries and those receiving them depend on a system built on trust, efficiency, and fairness. But when things go wrong, delivery drivers and recipients alike may find themselves needing legal protection.

At Morgan & Morgan, we fight For the People—whether you’re a hardworking delivery driver injured on the job or a recipient harmed due to negligence during a delivery. 

For over 35 years, we have fought for the rights of workers and injury victims, recovering over $25 billion in the process. If you think you have a claim, contact us today for a free case evaluation to learn more about your legal options.

The Rise of the Delivery Economy

The growth of the "gig economy" and same-day delivery expectations have dramatically changed how goods move. Companies like Amazon, DoorDash, Uber Eats, Instacart, and others now rely on millions of independent contractors and employees to deliver products and services to consumers at lightning speed.

This increased demand, however, has led to a range of legal challenges, including:

• Misclassification of delivery drivers as independent contractors
• Unsafe working conditions
• Lack of proper insurance coverage
• Injuries to drivers and third parties
• Property damage and theft during deliveries
• Liability confusion over who is responsible for accidents or misconduct

When accidents, injuries, or disputes arise, it’s important to know your rights, whether you're the one making the delivery or receiving it.

Delivery Drivers' Rights

No matter who you make deliveries for, you have certain rights and are owed a duty of care by your employer. Here’s a list of workers' rights to know.

Right to Fair Compensation

Many delivery drivers are classified as independent contractors, meaning they are not entitled to the same protections as employees under federal and state labor laws. However, just because a company calls you an independent contractor doesn’t mean you actually are.

Misclassification lawsuits are increasingly common. If you are treated like an employee, given a schedule, required to wear a uniform, or instructed on how to perform your job, you might be entitled to:

• Minimum wage protections
• Overtime pay
• Reimbursement for expenses (gas, car maintenance)
• Workers' compensation for on-the-job injuries

At Morgan & Morgan, we help delivery drivers fight back against illegal misclassification and recover the compensation they deserve.

Right to Safe Working Conditions

Delivery drivers are exposed to a range of hazards, including:

• Dangerous traffic conditions
• Unsafe drop-off locations
• Weather-related risks
• Threats from dogs, aggressive individuals, or criminal activity

Companies have a responsibility to implement reasonable safety protocols and training. If you’re injured due to unsafe conditions and your employer (or the company contracting you) failed to take necessary precautions, you may have grounds for a lawsuit.

Right to Insurance Coverage

If you use your personal vehicle for deliveries, your personal auto insurance policy may not cover you while working. Delivery drivers often need special commercial insurance or a rideshare/delivery addendum to be protected.

Unfortunately, some companies skirt this responsibility, leaving drivers on the hook for damages if an accident occurs.

Depending on the circumstances, you might be able to pursue compensation through:

• The company’s insurance policy
• Your own insurance (if appropriately adjusted for delivery driving)
• A lawsuit against a negligent third party (such as another driver)
   

Morgan & Morgan can help you navigate these complex insurance issues to ensure you are fully protected.

Right to Pursue a Personal Injury Claim

If you’re injured while making deliveries, you may be able to file a personal injury claim if:

• Another driver’s negligence caused a crash
• A property owner’s negligence (such as a broken staircase or icy walkway) caused your injury
• You were assaulted or attacked while delivering to a dangerous location

You could recover compensation for medical bills, lost income, pain and suffering, and more.

Recipients' Rights

Even as a consumer waiting for your parcel, you too have rights, including:

Right to Safe Delivery

When you order a product or service, you have the right to expect that delivery will happen safely and without incident. Delivery companies and drivers owe recipients a duty of care.

Some risks recipients face include:

• Property damage during deliveries
• Physical injuries caused by careless drivers (packages thrown at doors, slip-and-fall accidents during handoffs)
• Criminal behavior, such as theft or assault
   

If a delivery driver’s negligence or intentional misconduct harms you, you may have grounds to pursue legal action against:

• The delivery driver personally
• The company employing or contracting the driver
  
   

Right to Receive Goods as Promised

When you purchase goods for delivery, you are entitled to receive them:

• In the condition promised
• At the time promised
• In a secure and respectful manner
   

If a delivery is mishandled, causing you financial loss, damage, or other harm, you may have the right to pursue compensation under contract law, warranty law, or consumer protection statutes.

Right to Privacy

Delivery services must respect your privacy. They should not:

• Share your personal information improperly
• Enter your home without permission
• Record you without consent
• Harass or intimidate you in any way
   

Violations of privacy rights may lead to civil lawsuits and regulatory penalties.

Common Types of Delivery Driver Lawsuits

When accidents, injuries, or unfair treatment happen, delivery drivers may need to pursue legal action to protect their rights and secure compensation.

Car Accidents

Auto accidents are one of the most frequent causes of lawsuits involving delivery drivers. Tight deadlines, long hours, and heavy traffic increase the risk of crashes. Common claims include:

• Collisions caused by another driver's negligence
• Accidents resulting from unsafe vehicles or poor maintenance
• Claims against employers who failed to provide proper training or placed unreasonable demands on drivers
   

In these cases, injured drivers may be able to seek damages for medical bills, lost income, vehicle repairs, and pain and suffering.

Wage and Hour Violations

Many delivery drivers are classified as independent contractors—but not always fairly. Companies sometimes misclassify drivers to avoid paying:

• Minimum wage
• Overtime wages
• Reimbursements for gas, maintenance, and other job-related expenses
   

Drivers have brought wage theft lawsuits and misclassification lawsuits to recover the pay and benefits they rightfully earned. In some cases, these lawsuits turn into class actions involving hundreds or even thousands of drivers.

Workers’ Compensation Claims

If a delivery driver is properly classified as an employee and gets hurt on the job, they may be entitled to workers’ compensation benefits. These benefits can cover:

• Medical expenses
• Lost wages
• Disability payments
   

However, employers and insurance companies often fight these claims. Some drivers even discover after an injury that they were wrongly denied employee status. A lawsuit may be necessary to secure full workers’ compensation benefits or additional damages.

Slip and Fall Accidents

Delivery drivers sometimes suffer injuries while walking to or from delivery locations. Common hazards include:

• Icy sidewalks
• Broken stairs
• Poor lighting
• Obstacles or clutter
   

When a property owner fails to maintain a safe environment, the driver may be able to file a premises liability lawsuit. These claims help injured drivers recover for medical bills, lost work time, and ongoing treatment needs.

Assaults and Robberies

Unfortunately, delivery drivers sometimes face physical assaults, theft, or robberies during deliveries, especially in high-crime areas or when delivering valuable goods.

In these cases, legal claims could be brought against:

• The individual attacker (through criminal and civil courts)
• The delivery company, if they failed to warn or protect drivers
• Property owners who failed to provide adequate security

Drivers may be entitled to damages for physical injuries, emotional trauma, and stolen property.

Insurance Disputes

After an accident or injury, drivers often face complex battles with insurance companies over:

• Whether a personal auto policy applies
• Whether the delivery company’s insurance covers the incident
• How much the insurance company must pay

Bad faith insurance lawsuits can arise when an insurance company delays, denies, or underpays valid claims. Morgan & Morgan fights to make sure drivers get the coverage they deserve.

Discrimination and Retaliation

Delivery drivers who face workplace discrimination based on race, gender, age, disability, or another protected class may have the right to bring a discrimination lawsuit.

Similarly, if a driver reports unsafe conditions or wage violations and is fired, demoted, or otherwise punished, they may file a retaliation lawsuit under employment laws.

How Drivers Experience Wage Theft

Wage theft can take many forms and present itself in a variety of ways, but for drivers, a day rate is often the culprit when they’re underpaid. When you receive a day rate, that means you’re paid a specific amount every day for working your shift. On paper, that sounds fair.

However, if your shift runs long, whether due to traffic, car troubles, or delivery issues, your day rate probably doesn’t include overtime pay for those extra hours. If employers don’t pay up, that’s money you earned and aren’t receiving.

Day rates account for your normal pay within your regular working hours, not the extra time you have to put in when your routine goes haywire. Don’t let employers underpay you.

What Can Be Done About Delivery Driver Wage Theft?

Getting a day rate doesn’t necessarily mean you’re underpaid. Sometimes, however, employers use day rates because they know it’s an easy way to get out of paying employees their full wages. This is especially true for drivers, whose schedules are variable because of the nature of their work.

Specifically, drivers who work as independent contractors should be concerned. You might be owed overtime pay, which is 1.5 times your hourly rate, or should be paid hourly instead of by day.

Talk to other drivers and see if they’re facing similar concerns. If the problem is pervasive, organizing together could show employers you’re serious and effect greater change (although if you’re independent contractors, you won’t be able to unionize, and this is an issue that affects them especially). Additionally, you should consult a wage-and-hour attorney as you pursue a potential case.

Legal Challenges Unique to Delivery Lawsuits

Determining Employment Status

One of the biggest legal hurdles is determining whether a driver is an employee or an independent contractor. Employees have greater legal protections, including:

• Workers’ compensation coverage
• Unemployment insurance eligibility
• Wage and hour protections

Independent contractors generally have fewer rights, but companies may not avoid responsibility if they improperly classified workers.

Identifying the Responsible Party

When an incident occurs during a delivery, several parties might share liability:

• The delivery driver
• The delivery company
• The restaurant, store, or merchant
• A third-party logistics provider
• Insurance companies

Untangling who is legally responsible often requires experienced legal help.

Navigating Arbitration Agreements

Many delivery companies require drivers and recipients to sign contracts that include mandatory arbitration clauses. These clauses attempt to prevent people from suing in court.

However, Morgan & Morgan has fought and continues to fight against unfair arbitration agreements. In some cases, we’ve successfully challenged them, allowing clients to have their day in court.

How Morgan & Morgan Can Help

When companies cut corners or neglect their responsibilities, real people suffer, affecting both workers and consumers.

If you are a delivery driver, Morgan & Morgan can help you:

• File a personal injury claim if you’re hurt while working
• Challenge your misclassification as an independent contractor
• Pursue unpaid wages or overtime
• File a workers' compensation claim if you're eligible
• Take legal action against unsafe working conditions
• Recover damages for property loss or vehicle accidents
   

If you are a delivery recipient, Morgan & Morgan can help you:

• File a personal injury lawsuit if harmed during a delivery
• Seek damages for property damage or theft
• Pursue legal action for breach of contract or consumer fraud
• Protect your privacy rights
• Navigate complex liability and insurance issues

Our team understands the complex network of contracts, policies, and responsibilities involved in delivery services. We have the experience and resources to fight large corporations and 

Whether you’re a delivery driver putting in long hours on the road or a recipient relying on timely and safe deliveries, you deserve respect and protection.

If you’ve been injured, wronged, or mistreated in a delivery-related situation, contact us today for a free case evaluation. You may be entitled to significant compensation, and we’re ready to help you get it.

How do I file a complaint against a FedEx Driver Through FedEx?

FedEx maintains an online customer support portal to help you with questions about account management, tracking, delivery, and billing. If you've had a bad experience, you should contact FedEx customer support directly at 1-800-463-3339. 

You can also file a complaint directly on their website at fedex.com/en-us/customer-support. Filing a complaint is one way to tell the company about an experience that you had, and any concerns you have over a specific driver.

Having to file a FedEx complaint can be frustrating because it likely impacted the delivery of an item to your address. If you placed an order and received a notice that the package was on its way only to discover that your package was destroyed, lost, or otherwise, or that the FedEx driver illegally pulled onto your property and damaged something, you need to make sure that you protect your interests and file a complaint.

Filing a complaint with FedEx is a great first step because it goes directly to the source and tells the company about an experience you had. The more details you have about your experience, the better. It will be easier if you have the tracking number of the package that was involved, the license plate number of the driver, or even a description of the driver.

These can all be confirmed by FedEx to determine how to go forward. Contacting FedEx, however, may not always yield an immediate result. Although it is important to notify the company as your first resort, it may not be the only place to turn.

Much like many other delivery company complaints, there are many ways that you might end up contacting the FedEx corporation. It could be a problem with a truck for delivery, an issue with the delivery driver directly, or problems getting your package within the business day timeframe explained to you when you checked out. There are also a lot of complaints about FedEx Ground for delays or failure to deliver packages.

What information do I need to file a claim against FedEx?

Make sure that you have all of this information organized before you contact the company to file a complaint. Although there is no required form that you can use to fill out a complaint against FedEx in the United States, you will want these details at hand when you contact their general customer service number. You should have:

• The name of the delivery driver or employee in question in addition to their contact details, if available.
• The license plate number of the delivery truck
• The details about the incident, such as the address where it occurred, a description of what occurred, and the time and date of the occurrence.
• The overall area in which the incident happened, including the zip code that the driver delivers in.

The more details you have about the situation, the easier it is to file a claim with a delivery driver for FedEx. You might even have a complaint against someone working in a FedEx facility, too. Since the same company oversees all these details, you can contact the company directly.

Would I ever need to sue FedEx in court?

It's very possible that FedEx does not take your claim seriously or argues that your package was indeed delivered. If you are going through this frustrating experience, you may need to sue FedEx in small claims court.

This option has been brought up by many different people who have had issues with the delivery service and wanted to hold the company accountable in a different way. Save all emails or letters that you receive from the company as well as notes from your phone calls. Any receipts and other important evidence can be helpful when going to small claims court. If you intend to sue FedEx, you would need to draft and serve a demand letter, this letter indicates your intent to sue while at the same time allowing the company one last chance to attempt to resolve the issue.

Provide important details in your demand letter such as the description of the issue you're having, the date on which you sent or mailed this letter, your account information with the company, the company's full legal name and address, and your contact information. A local small claims court is one way to get the necessary forms to fill out to begin the process legally.

The company may contact you after you open a claim and small claims court to attempt to resolve it. If you have more advanced concerns with FedEx, you may also need to retain the services of an experienced lawyer. This is because you may have had a significant amount of value placed in a particular FedEx package, and when this was not delivered, was damaged, or experienced other problems, it may have affected you significantly. This means that you need to take this situation seriously and consult with an attorney.

If there is a lot on the line, then you definitely need to identify an experienced lawyer who can help hold this company accountable. You may not be the only person who has gone through this situation, but you do deserve to have the guidance of an attorney. 

If you have lost a substantial amount of money or sustained significant damages, such as if a FedEx truck driver hit your home or other property, the attorneys at Morgan & Morgan can guide you through this process to help explain to you what to expect and whether or not it makes sense to move forward with a lawsuit.

How Much Can Delivery Drivers Get Compensated Through Workers’ Compensation?

Most employers are legally required to hold workers’ compensation insurance policies. This type of insurance coverage is meant to provide payments to those employees who become injured in work-related incidents.

Workers’ compensation benefits are very helpful for delivery drivers following an accident. If you have been harmed while driving your delivery route, you have the right to file a claim for workers’ compensation benefit payments. 

A workers’ compensation claim may be filed to cover certain financial losses from a work injury: 

• Current and anticipated future medical bills
• A portion of lost wages from missed work
• Prescription medication costs 

Typically, delivery drivers must file for this type of compensation in the wake of a work-related injury. It is not likely that a delivery driver will be permitted to bring a typical personal injury lawsuit against an employer. 

Workers’ compensation payments do not cover any of the personal or emotional damage that results from a work-related injury. Any non-economic losses can only be recovered through additional legal action, if appropriate.  

Also, many workers’ compensation claimants face denials because of application errors or other issues. To ensure that your workers’ comp application is as strong as possible, reach out to the legal professionals at the firm of Morgan & Morgan. 

The workers’ compensation application requirements vary by state. Fortunately, our attorneys have helped injured workers across the country recover the payments to which their labor entitles them. 

If your application has been denied, you still have options. Our knowledgeable legal team can review your case and help you appeal the denial through your state’s workers’ compensation board. 

We will diligently fight to secure the money that you need to get your life back on track. Do not settle for less than the full value of the earned benefits that you deserve. Schedule a consultation to discuss the circumstances of your delivery injury with our accomplished legal team.