The driver, and usually someone above the driver. An employer is responsible for the negligence of an employee acting within the scope of the job, which is the rule that moves a claim from a personal auto policy onto a commercial one. Commercial policies are typically many times larger, which matters enormously when injuries are serious. Establishing that the driver was working, on a route, and on the clock at the moment of impact is the foundation of the entire claim.

No, and this trips up more delivery claims than anything else. Major delivery networks operate through independent contracting companies that lease branded vans and employ the drivers themselves. The logo on the door often belongs to a national brand that is not the employer, is not the registered owner, and may not be a proper defendant at all. Identifying the actual employing entity is the first real piece of work in these cases.

That limits one theory of liability without ending the claim. A hiring company can still be responsible where it controlled the details of how the work was performed, and it can face direct claims for negligent hiring, training, supervision, or entrustment regardless of how the driver is classified. Contractor status is a defense that gets asserted early and reflexively. It should be tested against the actual working arrangement rather than accepted.

Because route pressure produces the exact behavior that causes these crashes. Stops-per-hour targets, scan deadlines, and route completion metrics create incentives to roll stop signs, park in travel lanes, reverse without a spotter, and rush turns. Delivery scan timestamps, route assignments, and dispatch records document how much ground a driver was expected to cover, and that documentation frequently explains a crash better than anything in the police report.

Telematics data, dash camera footage, delivery scan timestamps, driver route logs, and vehicle maintenance records. Fleet systems capture an enormous amount and most of it is on automatic retention cycles measured in weeks. A written preservation demand sent to the right entity, quickly, is the only thing that reliably stops the clock. It also has to go to the right entity, which loops back to identifying the actual employer first.

Possibly. A van stopped in a travel lane, parked across a crosswalk, or positioned so it blocks sight lines creates the hazard that produces the collision. Where a delivery operation chose to stop there, and where its own policies or training permitted it, that choice can be part of the claim even though the van never moved. These cases turn on where the vehicle was and why.

Then the coverage question becomes complicated in a way that favors early legal review. Personal auto policies commonly exclude delivery work, so the driver's own insurer may deny the claim entirely. The company's commercial policy, or a contingent policy that sits behind the driver's own coverage, is usually where recovery comes from. Both have to be identified before anything is signed or settled.

The coverage structure, almost entirely. Rideshare insurance is set by Texas statute in fixed tiers that apply to every company the same way. Delivery coverage is contractual, negotiated privately between the brand, the contracting company, and the driver, and it varies from operation to operation. There is no statute to look it up in. It has to be uncovered through investigation and, when necessary, through discovery.

Frequently not. Crash reports list the driver and the vehicle's registered owner, and that owner is often a leasing company, a rental fleet, or a contracting entity with a name no one recognizes. A report showing an unfamiliar company name is normal in these cases and is a starting point rather than an answer.

That is a claim as well, and it may sound in negligence or in premises liability depending on where it happened and who controlled the loading. Falling packages, unsecured loads, and improperly stacked freight are recognized hazards, and the responsibility usually sits with whoever loaded the vehicle rather than with the person delivering it.

Two years from the crash under Civil Practice and Remedies Code § 16.003. The practical timeline is far shorter, because the corporate records that make these cases, telematics, route data, and video, are on retention schedules that expire long before the legal deadline does.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

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Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.