Yes — But You Must Know Which Corporate Structure You Are Dealing With
Amazon, FedEx Ground, and UPS have each built corporate structures specifically designed to limit their liability exposure when a delivery driver causes an accident. Amazon routes deliveries through Delivery Service Partners (DSPs). FedEx Ground uses Independent Service Providers (ISPs). UPS uses direct employees. Each platform requires a different legal strategy — and Texas’s right-to-control test gives Wayne Wright the tool to defeat the contractor defense when the facts support it.
Amazon Delivery Service Partners (DSPs)
Amazon does not employ last-mile delivery drivers directly in San Antonio. Instead, it contracts with DSPs — third-party businesses that hire the drivers and operate the vans. This creates a layered liability structure:
FedEx Ground ISPs
FedEx Ground operates almost entirely through independent service providers. However, federal courts in multiple circuits have held that FedEx Ground drivers are employees for vicarious liability purposes — citing FedEx’s detailed operational control over route execution, vehicle appearance, and driver conduct. Texas has not definitively resolved this question, creating active litigation opportunity in San Antonio Bexar County cases:
UPS — The Simplest Liability Path
The vast majority of UPS package delivery drivers are direct Teamsters union employees covered under UPS’s corporate commercial auto fleet policy. There is no contractor classification dispute. When a UPS employee driver causes your San Antonio accident, UPS is directly liable under respondeat superior — a Fortune 100 company with commercial coverage well in excess of FMCSA minimums.
App-Based Delivery: DoorDash, Instacart, and Gopuff in San Antonio
San Antonio is an active market for app-based delivery. These platforms use period-based coverage:
Call 210-888-0078 immediately. Wayne Wright subpoenas the platform’s operational data for the driver at the time of the crash, pulls DSP insurance coverage documents, obtains delivery app records showing route instructions and Mentor monitoring data, and investigates the driver’s background check history. The contractor defense is not a wall — it is an argument Wayne Wright is prepared to attack through discovery and trial.
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