Can I Sue If I Get Hit by a FedEx Driver in Florida?

A practical guide from Stockwell Law

If you were struck by a FedEx vehicle in Florida, you can bring a claim—what you can recover and who you can pursue will depend on Florida’s insurance rules and on whether the driver was an employee or an independent contractor. Here’s how it works, in plain English.

Step one: Florida is “no-fault,” so your own PIP starts first

Florida uses Personal Injury Protection (PIP). After any crash, your PIP pays a portion of medical bills and some lost income up to the policy limit (often $10,000), regardless of who caused the collision. To pursue pain and suffering against the at-fault driver, your injuries must meet Florida’s “serious injury” threshold (e.g., significant and permanent loss of a bodily function, permanent injury, significant and permanent scarring, or death).

Step two: Who can you hold responsible?

• The FedEx driver — You may bring a negligence claim against the driver who caused the crash.

• FedEx (or another company) under vicarious liability — If the driver was an employee acting within the scope of the job, the company is typically responsible for the driver’s negligence (respondeat superior). If the driver was an independent contractor, company liability is more limited, but there are exceptions. Courts often examine the actual level of control to decide whether a driver is truly a contractor or, in substance, an employee.

Important exceptions if the driver is a contractor

Even when a company uses contractors (as FedEx Ground commonly does), you may still have viable claims such as negligent hiring, training, or supervision—for example, if a company failed to vet a driver’s record or pushed unsafe delivery practices. These theories depend on facts and documentation, but they can bring the company into the case even without a traditional employment relationship.

Deadlines and fault rules changed in 2023—know them

• Shorter deadline to sue: For negligence claims arising after March 24, 2023, Florida’s time limit to file suit is two years (not four). Missing it can bar your case.

• Modified comparative negligence: Your recovery is reduced by your share of fault. If you are more than 50% at fault, you generally cannot recover in ordinary negligence cases. Insurers will look for ways to shift blame, so evidence matters.

What evidence makes these cases stronger

• Police report, scene photos/video, dashcam or doorbell footage

• Vehicle damage photos and electronic data (event data recorder)

• Company information about the route, dispatch logs, delivery timelines, and driver status (employee vs. contractor)

• Medical records that document injuries and meet Florida’s threshold language when applicable

What compensation can be available

Once your PIP is exhausted and the injury threshold is met, you can pursue the at-fault driver (and, where legally supported, the company) for medical expenses not covered by PIP, future care, lost income/earning capacity, and pain and suffering. The specific mix depends on the evidence, your medical course, and applicable insurance limits.

How Stockwell Law helps

• We sort out the driver’s status (employee vs. contractor) and identify every potentially liable party.

• We collect and preserve key proof (telemetry, route data, camera footage) before it disappears.

• We navigate Florida’s no-fault and injury-threshold rules, build the medical record, and present a detailed demand.

• We move fast on deadlines under Florida’s two-year statute and protect you from avoidable missteps with insurers.

Yes, you can sue after being hit by a FedEx driver in Florida. Your case will start with your own PIP benefits, then proceed against the at-fault driver—and possibly the company—based on the facts, injury threshold, and the driver’s employment status. The sooner you get qualified counsel involved, the better your chances of preserving evidence and meeting Florida’s tight deadlines.

If you’ve been hurt in a delivery-truck crash, contact Stockwell Law for a free consultation. We’ll review your options, outline next steps, and get to work right away.