Delivery van and a damaged car stopped on a Texas road after a collision

UPS truck accident lawyers in Texas.

Reviewed by Josh Alexander, Founder & Managing Attorney | Updated

UPS package drivers are UPS employees, so the company answers for a crash its driver causes on the job. You know who the defendant is from day one, and Texas law gives you two years from the crash date to file suit, Section 16.003 of the Texas Civil Practice and Remedies Code.

What decides the case is proof: who caused the collision, and the records UPS already holds. After a UPS truck wreck, we demand those records before the company overwrites them.

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How is a UPS truck crash different from an Amazon or FedEx crash?

When a delivery van hits you, the first question is which company the driver works for. With Amazon and FedEx, a separate contractor company often sits between the driver and the brand on the van. Answering that one question can take months.

UPS is different. Its package drivers are direct employees of the company.

Those drivers are represented by the Teamsters union under the largest private sector union contract in North America. There is normally no contractor company in between. In most UPS truck accidents we can name the defendant immediately.

A clear defendant does not make the claim small. The argument moves straight to fault, the records, and the size of the injury. We open UPS truck crashes by locking the employment answer in writing, then spending our time on proof.

Brown delivery step van parked on a residential street in Texas

How long do you have after a UPS truck accident in Texas? Two years to file suit

You have two years from the date of the crash to file your lawsuit; that deadline comes from Texas Civil Practice and Remedies Code Section 16.003. We mark that date the week your file opens, and our preservation letter goes to UPS the same week.

Exceptions to the deadline are narrow, so confirm your date with an attorney instead of assuming one covers you. The bigger risk is the evidence, and the card below shows why.

Why two years is tighter than it sounds
  • Route data and telematics, the vehicle’s own speed and location records, get deleted on the company’s normal schedule, long before two years are up.
  • A seasonal or staffing driver can add a second defendant, and finding that out late burns months.
  • The suit has to be on file by the deadline, not merely being prepared for it.
The legal team at J. Alexander Law Firm

The second rule is shared fault. If part of the crash was your fault, the money you collect drops by that percentage, and you collect nothing if a jury puts your share above 50 percent, Section 33.001.

For example: prove 100 dollars of loss at 20 percent fault, and you collect 80.

Who was driving the UPS truck decides your case.

A UPS driver in a company package car means UPS is the one that owes you. A seasonal driver in a personal vehicle, or one placed through a staffing company, can change who you sue and which insurance policy applies.

So we answer that question first, from the crash report, before any letter goes out. The answer names the company that pays you.

Was it a UPS driver in a UPS package car?

That arrangement is the standard case. The driver is a UPS employee working a route.

The truck belongs to UPS, so UPS pays for the collision. What gets argued is who caused the crash and how much you lost, and UPS holds the records that prove both.

The sections below walk through those records and the money side of the claim.

1 What we confirm
Driver employmentVehicle ownershipOn route at crash time

Was it a seasonal driver in a personal vehicle?

During busy seasons, UPS has hired temporary drivers who deliver in their own cars. A personal car can change who you sue and which insurance policy pays, because the vehicle does not belong to UPS.

So when the vehicle that hit you was not a standard brown package car, we get the driver’s work arrangement confirmed in writing before naming anyone.

2 What changes
Vehicle is not company ownedPersonal policy may applyEmployment status verified first

Was it a hired, staffing, or non employee driver?

Some drivers are hired through a staffing company rather than by UPS directly. When that happens, both companies can owe you for the same crash: the one that supplied the driver and the one that ran the route.

This setup is rare in UPS package delivery, so we confirm in writing who actually employed the driver before we name anyone. Suing the wrong company wastes months you do not have under the two year deadline.

3 What we request
Employment recordsAny staffing agreementWho controlled the route

Was it an 18 wheeler instead of a package car? Federal carrier safety rules cover the big tractor units UPS runs between cities, not the brown van on your street. If one of those hit you, that is a truck case with its own rules, and our truck accident lawyers page covers what a safety violation proves.

Unsure which company ran that route? Call 469-807-7480 and we will read the crash report with you.

Who is liable for a UPS truck accident?

UPS. Its package drivers are employees, so the company itself has to pay for a crash its driver causes while working a route. Lawyers call that vicarious liability, and the full rule is on our company vehicle accident guide.

The company can also be responsible for its own mistakes, separate from the driver’s. UPS itself can be held liable when it keeps a driver on a route with a known crash history. The same is true of training never given, or a repair request the company never acted on.

The two claims rest on different proof. The driver’s negligence is proved from the collision. The company’s negligence is proved from employment and maintenance records only UPS holds.

Those records are why we ask in the first week. The truck’s unit number on the crash report tells us exactly which vehicle’s data to request, instead of a general search.

How we build your case
  • Confirm the driver and the employer. We pull the Texas police crash report, called the CR 3, which names the driver and the truck’s unit number. Then we get written confirmation that UPS employed that driver on that route. That way the company we name is verified, not assumed.
  • Send the preservation letter. We write to UPS in the first week and put the company on notice of its duty to keep the route data, the vehicle data, and the driver’s file. The panel below explains what that letter does.
  • Open the claim and take the calls. We notify the insurer, open the file, and become the contact point. Adjusters call us instead of you, and you stop giving statements to a company paid to reduce what it pays.

Do I have to talk to the insurance company?

You must report the crash to your own insurer; your policy requires it. You are not required to give a recorded statement to the other side. You do not have to accept an offer made before your treatment is finished.

Our guide on dealing with insurance companies in Texas covers the common tactics. Once we open your file, the calls come to us.

What a preservation letter does

A preservation letter names your crash and the records connected to it. It creates a dated demand the company cannot say it never received.

If evidence later turns out to be missing, that failure has a legal name, spoliation, and it can be used against the company in court.

The letter goes out in the first week, before anyone knows which record will matter most.

Who you are up against.

A car accident with a UPS truck is not a claim against a driver with a personal auto policy. The people on the other side handle claims like yours full time: claims professionals, in house lawyers, and defense firms that have worked thousands of delivery collisions.

One of the first things we establish is which insurance policy covers your crash, because that decides who can actually approve a payment. Texas discovery rules require a defendant to hand over its insurance and indemnity agreements, the papers that name who covers the loss.

We request those papers instead of guessing. From that point on, the adjuster talks to us and not to you.

Until we know which policy applies, an early offer is only a starting number. The adjuster making it is paid to close your claim for less than it is worth.

You do not have to accept it, and you do not have to answer it alone. Because our fee comes only from a recovery, the file gets built before you pay anything.

What we make the other side produce
  • The insurance and indemnity agreements. These name every company that could be made to pay on your claim.
  • The driver’s employment file. It tells us whether UPS was the only company employing the driver that day.
  • The company’s internal crash report. Large carriers write up every collision, and we ask for what UPS wrote about yours.
Those agreements answer three things
  • The insurance company and its limit. The limit is the most that policy will pay, and it shapes every offer the adjuster makes.
  • Any second policy on top. Insurers call it an excess layer, and it means more coverage exists than the first policy shows.
  • Any promise by another company to pay. A written agreement to cover this kind of loss for UPS points us at a second defendant.

That last one is often how we find a staffing arrangement after everyone has said there was not one.

What happens if UPS will not settle?

Most claims resolve without a trial. When the offer stays below what the record supports, we file suit inside your two years. Filing opens discovery.

Discovery is how we compel the employment file, the maintenance history, and any internal report the company wrote. Suit also puts the preservation duty in front of a judge. Telematics that has gone missing by then becomes the company’s problem to explain, not yours.

You do not fund any of that. The costs of suit come out of our side until there is a recovery.

“I have worked on both sides of the desk. The most common thing I see from insurance companies is the initial offer, and 99 percent of the time it is not the correct amount. I know, because it was a tactic we used, and now I share that knowledge with you.”
Matthew Graham, Managing Litigation Attorney Matthew Graham Managing Litigation Attorney Former insurance defense attorney

Matthew Graham spent over a decade directing insurance defense litigation for a 10 state region before joining the plaintiff’s side.

What evidence does UPS hold after a truck accident?

What should you do first? Get medical care and keep the records

Whatever else you do, see a doctor and keep every record. A gap between the crash date and your first visit gives the insurer its argument. It will say the injury came from something else.

A package car that slammed into your door at speed leaves a different medical record than a low speed contact.

At every visit, say what you still cannot do. A limitation in the chart is claimable.

One you only mentioned at home is not. Our guide on what to do after a crash in Texas covers the rest of the first 48 hours.

Start your case review

  • Route and delivery records

    UPS records stop times, delivery scans, and where each vehicle was through the day. Those records place the truck at your location at a specific minute.

    Pair that with your own photographs: shoot both vehicles before either is moved, because your car’s damage and the truck’s damage together show how the crash happened.

    Together they often decide between two versions of the same collision. We then match the scan times against your treatment dates, so every record tells the same timeline.

  • Vehicle telematics

    Modern delivery vehicles record operating data such as speed and braking. We find out in writing what this particular truck recorded and what still exists, instead of assuming.

  • The driver’s employment file

    This file holds the hiring records, the training, any prior incidents, and any discipline. It is the proof behind a claim that UPS itself was careless, separate from what the driver did that day.

  • The company’s own crash report

    Large carriers write up every collision for their own files. We request that report by name in discovery, along with the repair history kept next to it.

What you can recover.

Texas allows recovery in four broad categories. The same records that prove fault also prove these losses, so we read them for both.

What your claim is worth depends on the injury, the medical record, and the proof of fault. We do not send a demand, the written claim that opens negotiation, until all four are documented, because the insurer holds every later talk to the first number it hears.

  • Medical expenses

    Treatment already billed, plus future care your own doctor puts a written cost on. We use your doctor’s written estimate, because a guess added later does not count.

  • Lost income

    You claim the pay you missed while you could not work, proved with pay stubs. Future income counts too, if the injury changes what work you can do.

  • Property damage

    You claim repair or replacement of your wrecked vehicle, and the personal property damaged inside it. A rental for the time yours is off the road counts as well.

  • Losses with no invoice

    Physical pain, mental anguish, disfigurement, and physical impairment never arrive as a bill. That is why they have to be recorded in your medical chart. Texas law lets you claim them all the same.

How do we put a number on your claim?

We build the number out of documents rather than estimates. Your medical bills set the starting figure, along with your doctor’s written cost of future care. Pay stubs prove the income you have already lost.

Then we plan for the percentage of blame the other side will argue. Your medical chart has to be complete before any demand leaves this office, because a hole in the chart is the first thing an adjuster points to.

If a UPS crash killed someone, that is a different claim with different rules. Only a surviving spouse, children, or parents can bring it, and the two year deadline counts from the date of death instead of the crash. Our wrongful death lawyers page covers how those claims are built.

Start one folder tonight. Every bill, every referral, every pay stub goes in it. For how each kind of loss gets valued, see our guide on what a Texas accident case is worth. Past results do not guarantee a similar outcome.

The J. Alexander Law Firm office in Dallas where UPS claims are valued and prepared

What have we recovered in Texas vehicle claims?

  • $716K
    Motor vehicle accident

    Recovered for a driver injured by another motorist’s negligence.

  • $350K
    Motor vehicle accident

    Settlement for a client rear ended in Texas traffic.

  • $15M
    18 wheeler, wrongful death

    Recovered for a family after a fatal collision with a commercial truck.

  • $2.55M
    18 wheeler crash

    Resolved for a client seriously hurt in a wreck with a tractor trailer.

  • $1M
    18 wheeler crash

    Recovered after a heavy truck caused a high impact highway collision.

  • $750K
    18 wheeler crash

    Settlement for injuries from a commercial truck collision.

Sample results from actual past cases, none of which involved UPS. More recoveries are on our full results page. Past results do not guarantee a similar outcome.

Who handles these claims

You reach an attorney, not a call center. Calls are answered in English and in Spanish.

  • Josh Alexander, Founder and Managing Attorney at J. Alexander Law Firm

    Josh Alexander

    Founder & Managing Attorney

    A Texas trial lawyer and Marine Corps veteran, with over ten years in the courtroom and millions recovered for clients across the state. On a UPS file he proves what the driver did and what the company failed to do.

    Meet Josh Alexander
  • Matthew Graham, Managing Litigation Attorney at J. Alexander Law Firm

    Matthew Graham

    Managing Litigation Attorney

    Ran insurance defense litigation for over ten years at the country’s second largest auto insurer, so he knows how the other side prices a file. He gets the preservation letter out in week one.

    Meet Matthew Graham
  • Laura Rivas, Senior Associate Attorney at J. Alexander Law Firm

    Laura Rivas

    Senior Associate Attorney

    Nine years representing injured Texans in vehicle, truck, catastrophic injury, and wrongful death claims, and she takes calls in English and in Spanish.

    Meet Laura Rivas

Questions people ask after a UPS accident.

The defendant, the deadline, and the records are covered in the sections above. These are the questions that come up on first calls.

Talk to an attorney today

Bring us the crash report and the date it happened. Your filing deadline gets calendared before anything else.

Call (469) 807-7480
Who is liable for a UPS truck accident?
UPS is, in the ordinary case. It answers for its driver because that driver is on its payroll rather than a contractor’s. A second and separate claim runs against UPS itself when its own hiring, training, or maintenance decisions helped cause the crash.
Are UPS drivers employees or independent contractors?
UPS package drivers are employees, which is what makes starting a UPS claim simpler than an Amazon or FedEx one. The exception is the vehicle that is not a company package car. A seasonal or staffing driver can put a second company on the claim, so we get that arrangement documented before anyone is named.
How long do I have to file after a UPS truck accident in Texas?
Two years from the crash date, under Section 16.003, and the exceptions are narrow enough to be worth checking against your own dates. The deadline is not the only clock. Telematics and route data are overwritten on the company’s normal deletion schedule, which runs out long before your two year deadline does; see our guide to Texas filing deadlines.
What if I was partly at fault for the crash?
You can still recover, provided your share stays at or below 50 percent, under Section 33.001. What you collect drops by whatever percentage lands on you. An early recorded statement is one of the most reliable ways an adjuster gets that number up, which is why we take those calls instead.
What evidence does UPS have after a crash?
Route and delivery data, vehicle telematics, the driver’s employment and training file, maintenance history, and any internal report of the collision. None of it is something you can obtain yourself. Our preservation letter goes out first, because once the company is on notice, telematics that later goes missing becomes its problem rather than yours.
Do I have to talk to the insurance company?
Report it to your own insurer, because your policy requires that. The other side’s adjuster is a different matter, and a recorded statement is not something you owe them. We also use discovery to make the other side disclose its insurance and indemnity agreements, which is often how a second responsible company gets found. The tactics themselves are set out in our guide to dealing with insurance companies in Texas, linked in the sections above.
What does it cost to hire you?
Nothing up front, and no attorney’s fee at all unless we recover. The fee comes out of the recovery, and we carry the cost of building the file while it is being built. That is what lets us order records and retain experts when they matter rather than when a budget allows; see how contingency fees work for the full breakdown.

From Josh Alexander

“I’ve spent years asking the same question inside Texas courtrooms: what really happened, and who is responsible for it? Insurance companies are built to pay out as little as possible. Trucking companies are built to protect their drivers’ records, not yours. My job is to make sure that changes. You don’t pay me a dollar unless I win. That’s the only way I’ve ever done this.”
Josh Alexander, Founder and Managing Attorney Josh Alexander Founder & Managing Attorney Marine Corps veteran, Texas trial lawyer

What this promise means for your UPS claim

The promise in Josh’s quote is simple: you pay nothing unless we win. This is what that looks like on a UPS claim.

You bring two things: the crash report and the date of the crash. We do the rest; we confirm the employer, send the preservation letter, and take the insurance calls so you do not have to.

What if the driver turns out not to be a UPS employee? Nothing changes for you. We name the right company, and everything you gave us still gets used.

How long does a UPS claim take?

Most UPS claims resolve without a lawsuit, and the range is months rather than weeks. The first weeks go to the preservation letter and to your treatment.

The five stages of a UPS claim
  • Week one. The preservation letter goes to UPS while we pull the crash report and name the driver.
  • Through your treatment. We collect bills, medical records, and pay stubs as they arrive.
  • When your doctor writes the cost of future care. With that number on paper, we total the claim and present it to the insurer.
  • If the reply is too low. We file suit, and discovery lets us demand the employment file, the telematics, and the internal report.
  • Mediation or trial. Mediation is a settlement meeting run by a neutral third party; trial is the courtroom. Either happens only when the offer still does not match the record.

That order is deliberate. A claim valued before your doctor writes the future care number leaves that care out of the total.

A case that reaches trial runs longer than one that settles. We do not trade your recovery for speed, and our fee arrangement means waiting costs us too.

Hit by a UPS truck? No fee unless we recover.

Tell us what happened and give us the date it happened. You will speak with a UPS truck accident attorney, not an intake screener. You pay nothing up front and we advance the case costs.

Our fee comes only out of what we recover for you. The first thing we mark is your two year deadline to file suit.

Call 469-807-7480 Free Case Evaluation

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Attorney advertising. Josh Alexander is responsible for the content of this page; principal office 12801 N. Central Expressway, Suite 1100, Dallas, TX 75243. Prior results do not guarantee or predict a similar outcome in any future case.

The information on this page is for general purposes only and is not legal advice; contacting the firm or submitting a form does not create an attorney-client relationship. UPS is a registered trademark of United Parcel Service of America, Inc., named here only to describe the type of claim this firm handles; this firm is not affiliated with, endorsed by, or acting on behalf of United Parcel Service. Se habla español.

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