Are Delivery Drivers Liable for Accidents When Packages Fall Into Roadways?

 Posted on July 08, 2026 in Delivery Driver Accidents

When packages fall from a delivery vehicle, they have the potential to cause serious accidents. Drivers may hit the packages themselves or swerve into traffic to avoid them.

While the driver of the delivery vehicle may bear some liability, other parties—including the delivery company itself—may also be responsible. These may include the delivery company itself. If you’ve suffered injuries because of a dropped package in 2026, a Dallas, TX personal injury lawyer can advise you on who is responsible for your car accident.

Why Do Packages Fall from Delivery Vehicles in Texas?

Packages usually fall from delivery vehicles because they were loaded improperly or because of the way the driver handled the vehicle during deliveries.

A poorly-loaded vehicle can allow packages to move around or fall out. Whether a driver is responsible for loading their own vehicle often depends on what company they’re working for. Amazon drivers are generally responsible for loading their own vans. Other major shippers such as FedEx and UPS usually have warehouse employees who load trucks overnight. This makes it easy for drivers to leave on routes in the morning.

Individual driver behaviors may allow unsecured packages to fall into roadways. Drivers who are trying to maximize deliveries may leave cargo doors open between stops. A door that is not fully closed or has faulty latches also presents opportunities for packages to fall out.

Who Is Legally Responsible When a Package on the Road Causes an Accident?

An individual driver may well bear responsibility for an accident caused by fallen packages. This is especially true if they were responsible for loading their own van or chose to drive with doors open. Federal law (49 CFR 393.100) requires commercial motor vehicles to have their cargo secured in a way that prevents it from shifting, falling, or becoming airborne during transport.

However, liability is not always reserved for the vehicle operator. This may be true even if the driver’s actions clearly played a role in the accident occurring. Delivery drivers are typically employees acting within the scope of their employment when they're out on a route. Under a legal doctrine called respondeat superior, employers are generally liable for the negligent acts of their employees while employees are doing their jobs.

There is also an element of corporate pressure that shows up frequently in these cases. Many companies incentivize a high volume of deliveries.They may assign delivery quotas or routes that are difficult to complete safely. Rewards or penalties may be given to drivers who meet, or fail to meet, these requirements. This system often explains why drivers adopt unsafe behaviors such as leaving doors open between stops. Such actions are often done in an effort to maximize efficiency.

What If a Driver Works for a Third-Party Delivery Company?

If the driver works for an independent contractor, determining liability becomes more complicated. The contractor, the contracting company, or both may bear responsibility. Whether the larger company can be held liable often depends on how much control it exercised over the contractor's work.

What Should You Do After an Accident Caused by a Package in the Road?

Establishing how the package or packages came to be in the road is very important for your claim. Take the following steps as quickly as possible to preserve the evidence:

• Call the police and get an official accident report of what happened and what caused the wreck

• Photograph the package or debris in the road before it's moved, along with any visible markings on it that identify the delivery company

• Get the name, vehicle number, and company affiliation of the driver if they're present

• Get contact information from any witnesses who saw the package fall or who saw the accident

• Seek medical attention even if injuries aren't obvious right away

Delivery vehicles also have route data and GPS records that can show what was happening at the time of the accident. If needed, a lawyer can send a formal request to the company that this evidence be preserved for your claim.  

Call a Dallas, TX Car Accident Lawyer Today

Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C. has specific experience investigating accidents involving commercial delivery vehicles. We offer free consultations. Call our Dallas, TX personal injury attorney at 469-461-4870 today to schedule yours.