Can I Sue If a Delivery Vehicle Hits Me While Crossing the Street?

 Posted on April 17, 2026 in Pedestrian Accidents

If you’re hit by a regular car while crossing the street, figuring the liability out may be straightforward. If you’re hit by a commercial delivery vehicle, things get a little murkier. You can take legal action to get compensation. However, it’s important to know all the parties that might be liable so that you can pursue all the compensation you deserve. Speaking to a legal professional can be very helpful in these situations.

If you were struck by a delivery truck or van in 2026, a Dallas personal injury lawyer can help you figure out who is responsible for your losses.

Who Can Be Held Liable for a Delivery Driver Hitting a Pedestrian in Texas?

When a delivery van hits a pedestrian, the driver is the most obvious choice for fault. However, in many of these crashes, there’s a network of other entities that may also share liability for the driver’s actions.

The driver’s employer may also share liability, especially if they failed to give the driver adequate training, properly check that the driver was competent, or do safety checks on their vehicles. There’s also commonly corporate pressure on many of these drivers to meet unrealistic delivery schedules or volumes.

Many large companies operate under delivery models that prioritize speed and number of packages, sometimes at the expense of safe driving habits. Some companies even use performance tracking systems that flag drivers for falling behind. This can incentivise reckless or distracted driving.  

Many large shipping companies use third parties (called Delivery Service Partners, or DSPs) who own the actual vans being driven around for deliveries. These third parties may also share liability in many cases.

What Legal Options Do You Have After Being Hit by a Delivery Driver in Texas?

Under Texas Civil Practice and Remedies Code §33.001, injured pedestrians can recover damages from the party or parties responsible for their injuries. This claim holds as long as the pedestrian themself wasn’t more than 50 percent responsible for the accident (this is called modified comparative fault). Your compensation would be reduced by your percentage of fault, if any, assigned to you.

​Large delivery companies often work hard to distance themselves from liability by classifying drivers as independent contractors or outsourcing delivery operations to DSPs. Courts, however, have increasingly looked at how much control companies actually have over drivers' routes, hours, and performance standards.

What Kinds of Compensation Can a Pedestrian Recover After Being Hit by a Driver in Texas?

If you were hit by a delivery vehicle, you may be able to seek compensation for a range of damages.

Medical Costs

Medical expenses may include emergency room and hospital bills, as well as the cost of surgeries, follow-up care, and physical therapy. You can also recover expenses for prescription medications, along with the anticipated cost of future medical treatment if your injuries are long-term or require ongoing care.

Lost Income and Earning Capacity

If your injuries kept you from working, you may be able to recover wages you've already lost. If your injuries are serious enough to affect your ability to work going forward, that loss of future earning capacity may also be part of your claim.

Pain and Suffering

You may seek compensation for physical pain, emotional distress, and the ways the injury has changed your quality of life. These damages are harder to put a number on, but are a legitimate part of most personal injury claims.

What Should You Do if a Delivery Vehicle Hits You?

Making an effort to preserve all evidence at the scene will give you a significant leg up in your case. Steps you can take to protect your claim include:

• Call 911 and get a police report filed at the scene.

• Take photos of your injuries, the vehicle, the intersection, and any traffic signals or crosswalk markings.

• Get the driver's name, the delivery company's name, and the vehicle's license plate.

• Get contact information from any witnesses nearby.

• Seek medical attention right away, even if you feel okay initially – some injuries take time to manifest.

• Speak with a personal injury attorney before talking to any insurance representatives.

Remember that you have a limited window to act. Texas law generally allows you two years from the date of your injury to file a lawsuit. This may seem like a long time, but if things get put on the back burner, you risk losing your chance.

Call a Dallas, TX Delivery Vehicle Accident Lawyer Today

If a delivery vehicle hit you while you were crossing the street, talk to a legal professional. Our Dallas personal injury attorney specifically handles cases involving delivery companies and the complex web of contractors and corporate systems behind them. Call Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C. at 469-461-4870 for a free consultation today.