What Happens if a Delivery Vehicle Hits Me While Off the Clock?

 Posted on February 16, 2026 in Delivery Driver Accidents

When you get hit by a delivery truck, it’s reasonable to  assume the driver's employer will pay for your injuries. But what if the driver was not working at the time of the crash? According to the US Bureau of Labor, there were over 1,500,000 light delivery drivers in the country in 2024. All these drivers on the road make it even more likely that you might be hit by one in 2026.

If you were injured by a delivery driver in a car accident, a Dallas, TX personal injury attorney can help you figure out who is responsible.

Can I Hold the Delivery Company Responsible if a Delivery Driver Was Off the Clock?

You can usually only hold an employer responsible for an employee's actions if the employee was working at the time. This legal principle is called "respondeat superior," which is Latin for "let the master answer." Under Texas law, an employer is liable for employee actions that happen when they are doing things for work.

The main issue is whether the vehicle was being used for company business when the accident happened. Courts look at:

• Whether the driver was performing a job duty.
• Whether the employer benefited from the activity.
• Whether the use of the vehicle was authorized by the company.

If a delivery vehicle was clearly off the clock and driving home after their shift ended, the employer might not be responsible. If the driver was still using a company vehicle or had just finished a delivery, things get more complicated.

Is a Delivery Company Responsible for an Accident if the Driver Used the Vehicle for Personal Reasons?

You may still have a case against the company depending on the vehicle use policy. Many delivery companies allow drivers to take vehicles home between shifts or use them for some personal activities.

Courts often look at whether the company had the right to control the vehicle at the time of the accident. If the driver had to keep the vehicle for work-related emergencies or if the vehicle had company logos on it, this can support your claim. Even small things like stopping at a gas station on the way home can sometimes bring the vehicle back into employer liability.

Texas Transportation Code Section 545.060 requires all drivers to operate vehicles safely, even outside of regular delivery hours. 

Are Delivery Companies Responsible for Crashes with "Gig Economy" Delivery Vehicles?

Many delivery services today use drivers who work for companies like DoorDash, Uber Eats, or Amazon Flex. These companies usually call their workers independent contractors. The workers use their own personal vehicles. This can make it harder to hold the company responsible when one of their vehicles causes an accident.

If an independent contractor's personal vehicle hits you while they are not logged into the app, you may only be able to recover damages from the driver's personal insurance policy. However, some delivery apps provide insurance coverage that applies when a driver is logged into the app, even if they have not accepted a delivery yet.

The rules are different for every company. Some provide coverage from the moment a driver logs in. Others only provide coverage after a driver accepts a delivery. Your lawyer can investigate the company's insurance policies and determine all possible sources of compensation.

How Do I Prove a Delivery Vehicle Was On or Off the Clock in a Car Crash Lawsuit?

Your attorney can request records from the delivery company showing when the driver clocked in and out, whether they were assigned any deliveries at the time, and whether they were authorized to use the vehicle for personal purposes.

GPS data, delivery logs, and witness statements can all help establish whether the vehicle was being used for employment purposes. Phone records might show whether the driver was using a delivery app at the time of the crash.

Vehicle maintenance records and company policies about personal use can also be important. If the company had a strict policy against personal use but failed to enforce it, this could support your claim against the employer.

Call a Dallas, TX Delivery Driver Accident Lawyer Today

If a delivery vehicle hit you while off the clock, you still have options for getting compensation. At Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C., our Dallas delivery vehicle accident attorneys can investigate your case and identify all parties who may be responsible for your injuries. Contact us at 469-461-4870 today for a free consultation about your next steps.