By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated October 24, 2026
This page provides general information about California law as it applies to collisions involving commercial and work vehicles. It is not legal advice, and reading it does not create an attorney–client relationship. Every case depends on its own facts. For advice about your specific situation, consult a licensed California attorney.
When a delivery truck, company van, bus, or other work vehicle hits you in California, the driver is rarely the only party responsible. The company that employs the driver, the business that owns the vehicle, and in some cases the company that hired the carrier may all be responsible under California law, and commercial vehicles often carry more insurance than a personal car. The first task in these cases is identifying which company actually stands behind the vehicle. The name painted on the side is not always the answer.
I’m Sami Sedghani, a trial lawyer and former clinical pharmacist handling serious auto and commercial vehicle cases out of San Rafael. This page explains how California law assigns responsibility for work-vehicle collisions, where the insurance comes from, and what evidence matters. For collisions with tractor-trailers and other heavy trucks, see our truck accident page.
What counts as a commercial vehicle
Vehicle Code § 260 defines a commercial vehicle as a vehicle required to be registered that is used or maintained to transport people for hire, compensation, or profit, or that is designed, used, or maintained primarily to transport property. In practice, the category covers a wide range of vehicles on Bay Area roads:
- Package delivery vans and trucks: FedEx, UPS, Amazon, and regional carriers
- Box trucks, moving trucks, and rental trucks
- Contractor, utility, and service vehicles: plumbers, electricians, landscapers, cable and phone crews
- Garbage and recycling trucks
- Buses, shuttles, and charter coaches
- Tractor-trailers and other heavy trucks, covered on our truck accident page
A personal car driven for work can raise many of the same questions, even though it is not a commercial vehicle under § 260. That situation is covered below.
Who can be held responsible
The employer, when the driver was working
California holds employers responsible for the negligence of employees acting within the scope of their employment. California’s civil jury instructions on vicarious responsibility (the CACI 3700 series) set out how that question is decided. If a delivery driver was on a route, or a technician was driving between job sites, the employer and its insurer are typically part of the claim.
Commuting is treated differently. Under the “going-and-coming rule,” an employee’s ordinary drive to and from work is generally outside the scope of employment. There are exceptions. Under CACI No. 3725, the employer may still be responsible if it required the employee to bring a vehicle to work so it would be available for the job, or if the employee’s vehicle use provided the employer an expected, regular benefit. Whether an exception applies is often a factual question.
The vehicle’s owner
Under Vehicle Code § 17150, a vehicle owner can be responsible for injuries caused by anyone driving the vehicle with the owner’s permission. But § 17151 caps that permissive-use liability at $15,000 for one person’s injury or death, $30,000 per accident, and $5,000 for property damage, unless the owner’s liability arises from an employment or agency relationship. That is why establishing that the driver was working matters so much: an employer’s responsibility generally is not limited by those caps. The caps also do not limit claims based on the owner’s own negligence or wrongful conduct. One example is negligent entrustment: letting someone drive whom the owner knew, or should have known, was incompetent or unfit to drive (CACI No. 724). Similarly, under § 17151(b), an owner is not liable under the statute for punitive damages meant to punish the driver, but that does not shield the owner from punitive damages for the owner’s own wrongful conduct when the standard in Civil Code § 3294 is met. Whether any of these applies depends on the facts.
Companies that use independent contractors
Many delivery and transport companies use contractors rather than employees. That does not always end the analysis. In Serna v. Pettey Leach Trucking, Inc. (2003) 110 Cal.App.4th 1475, the Court of Appeal held that a carrier operating under public authority, in an activity involving possible danger to the public, has a nondelegable duty and is responsible for harm caused by the negligence of its independent contractor. Whether that rule applies depends on the carrier’s operating authority and the facts.
Rental and leasing companies
A federal statute, 49 U.S.C. § 30106 (often called the Graves Amendment), generally prevents a business that rents or leases vehicles from being held liable simply because it owns the vehicle. The protection does not apply when the rental company itself was negligent, for example in maintaining the vehicle. A crash involving a rented moving truck therefore usually centers on the renter’s conduct and the rental company’s own maintenance records.
Direct negligence by the company
Separate from responsibility for a driver’s conduct, a company can be directly responsible for its own decisions: hiring a driver with a poor record, failing to train or supervise, setting unrealistic delivery schedules, or failing to maintain brakes, tires, and lights. These claims depend on the company’s records, which is one reason early preservation matters.
FedEx, UPS, Amazon, and app-based delivery: who stands behind the driver
Package and food delivery companies are organized in very different ways, and the structure determines whom a claim is made against:
- UPS delivery drivers are generally UPS employees. UPS’s 2023 agreement with the Teamsters covers more than 300,000 of its U.S. employees. Employer responsibility usually applies directly.
- FedEx uses both employee couriers and contracted service providers, market by market, according to its 2026 annual report; FedEx Freight became a separate public company on June 1, 2026. According to FedEx’s own contracting materials, those providers are independent businesses that employ their own drivers and obtain their own auto liability coverage. That description is FedEx’s position, not a legal conclusion. Whether the provider, FedEx, or both are legally responsible depends on who actually controls the work, which is usually developed through discovery. See our FedEx truck accident page.
- Amazon uses Delivery Service Partners. Amazon describes these as independent businesses that hire and manage their own employees, who drive Amazon-branded vans. Whether the Delivery Service Partner, Amazon, or both are legally the employer depends on who actually controls the work, which usually requires extensive discovery and can differ from case to case. See our Amazon delivery accident page.
- DoorDash, Instacart, and Grubhub drivers are app-based independent contractors under Proposition 22, usually driving their own cars, and a different insurance rule applies. See our page on delivery driver accidents.
The practical point: the vehicle’s company name, unit or van number, plate, and any USDOT number are often what identifies the actual employer and its insurer.
How much insurance commercial vehicles carry
California’s minimum auto liability limits for ordinary vehicles are $30,000 for one person’s injury or death, $60,000 per accident, and $15,000 for property damage, according to the DMV. In a serious injury case, those limits are often far below the losses. Commercial vehicles are frequently subject to higher requirements:
- Interstate for-hire property carriers. Federal regulations require at least $750,000 in liability coverage for for-hire carriers hauling nonhazardous property in interstate commerce in vehicles rated at 10,001 pounds or more, with higher minimums of $1 million or $5 million for oil and certain hazardous materials (49 C.F.R. § 387.9).
- Interstate passenger carriers. Federal minimums are $1.5 million for vehicles seating 15 or fewer passengers, including the driver, and $5 million for vehicles seating 16 or more (49 C.F.R. part 387).
- California motor carriers. Carriers operating trucks with two or more axles and a gross vehicle weight rating over 10,000 pounds, or any vehicle used to transport property for compensation, generally need a California Motor Carrier Permit and must keep liability insurance in force to maintain it, according to the DMV.
Many businesses also carry commercial auto and umbrella policies above any legal minimum. Minimums are floors, not caps on recovery, and the coverage actually available depends on the policies in place.
Buses, transit, and government vehicles
Bus passengers may be owed a heightened duty of care. Under Civil Code § 2100, a carrier of persons for reward must use “the utmost care and diligence” for passengers’ safe carriage, a higher standard than ordinary negligence. Charter coaches, airport shuttles, and private tour buses are typically evaluated under this standard.
In Marin, the two public bus systems are separate agencies. Golden Gate Transit buses and Golden Gate Ferry boats are run by the Golden Gate Bridge, Highway and Transportation District. Local routes are run by Marin Transit, whose formal name is the Marin County Transit District. Marin Transit says it hires outside providers to operate and maintain its service, so a crash involving one of its buses can involve both the public district and a private operating company. Neither district is the County of Marin, and a claim sent to the wrong agency does not protect you against the right one.
Claims against a California public entity carry a short deadline: a written government claim generally must be presented to that entity within six months under Government Code § 911.2. Claims involving federal vehicles, such as U.S. Postal Service trucks, go through the Federal Tort Claims Act, which requires an administrative claim within two years. Missing either deadline can bar the claim, so identifying whether the vehicle was public or private, and which agency owns it, is an early priority.
Evidence in a commercial vehicle case
Commercial vehicles generate records that personal cars do not, and many of them are retained for limited periods:
- Dashcam and driver-facing camera footage
- GPS and telematics data showing speed, braking, and location
- Route, dispatch, and delivery-scan records that show where the driver was supposed to be and when
- Driver hiring, training, and safety records
- Vehicle inspection and maintenance records
- The company’s incident report and any internal investigation
A written preservation demand sent early puts the company on notice. If evidence is later lost or destroyed, California juries may be instructed that they can draw an adverse inference from willful suppression (CACI No. 204). For heavy trucks, federal electronic logging and hours-of-service records add another layer, covered on our truck accident page.
If the crash happened in Marin County
Markings on the vehicle. The company name, unit or van number, license plate, and any USDOT number on the door can help identify the company that operated the vehicle. A van with one company’s logo is often operated by a different company that employs the driver, and the unit number is how that company’s own records get tied to your crash.
Who writes the report. Collisions on Highway 101, Interstate 580, Highway 1, and other state highways, and on roads in unincorporated Marin, are generally handled by the California Highway Patrol’s Marin Area office at 53 San Clemente Drive in Corte Madera. A crash on a city street is usually handled by that city’s police department. Our community pages explain who takes the report and where claims go in San Rafael, Novato, San Anselmo, Corte Madera, and Kentfield. CHP releases reports only to a “party of interest,” including drivers, injured people, vehicle owners, and their legal representatives, through its online crash portal or form CHP 190. See CHP’s crash report request page for the current process and fee.
The company moves faster than you do. A fleet operator’s insurer often opens a file the same day, and the driver’s dashcam and telematics data may be overwritten on a routine cycle. Hold off on recorded statements until you consult with a licensed attorney.
For general steps after any collision, see our guide to what to do after a car accident that wasn’t your fault in California.
Deadlines, and where a Marin claim goes
- Personal injury: generally two years from the date of injury under Code of Civil Procedure § 335.1. A Marin lawsuit is filed in the Marin County Superior Court, 3501 Civic Center Drive, San Rafael.
- Wrongful death: generally two years from the date of death.
- County of Marin vehicles or county roads: a written claim within six months to the Clerk of the Board of Supervisors, 3501 Civic Center Drive, Room 329, San Rafael, using the form on the County’s claim page.
- Golden Gate Transit, Golden Gate Ferry, Marin Transit, or a city vehicle: a written claim within six months to that agency, not to the County.
- State vehicles: a claim within six months through the Department of General Services Government Claims Program, which currently charges a $25 filing fee unless waived.
- Federal vehicles: an administrative claim under the Federal Tort Claims Act generally within two years.
How I approach cases against companies and their insurers
A company with a fleet has a claims process that starts before you leave the scene: an incident report from the driver, a call to its insurer or administrator, and often a pull of the dashcam and telematics data. Those records shape how the company values the claim, and the injured person rarely sees them unless someone asks.
Before founding Synergist Law, I spent nine years at large law firms handling complex litigation and product liability litigation on behalf of companies. I know which records a corporate defendant gathers first and which ones it would rather not produce, such as the driver’s training file, prior incidents, and the delivery schedule the driver was working against. I’m also a former clinical pharmacist, and I read the medical record the way a defense expert will: medication histories, treatment gaps, and whether the treating physician’s notes connect the mechanism of injury to the diagnosis.
Neither background predicts how any particular case will turn out. It shapes how I prepare one.
Frequently asked questions
Is an employer responsible when its employee hits someone in a company vehicle?
Generally yes, if the employee was acting within the scope of employment, such as driving a delivery route or traveling between job sites. An ordinary commute is generally outside the scope of employment, but exceptions apply, for example when the employer required the employee to have the vehicle available for work.
Who do I file a claim against if a FedEx, UPS, or Amazon truck hits me?
It depends on who employed the driver. UPS drivers are generally UPS employees. Amazon works through separate contracted businesses that hire the drivers on paper, and FedEx uses both its own employee couriers and contracted businesses, depending on the market. The claim may run against that business, the larger company, or both, depending on who actually controls the work, which is usually developed through discovery. The van number and company details photographed at the scene help identify the right party.
How much insurance do commercial vehicles carry?
It varies. Federal rules require at least $750,000 for interstate for-hire carriers hauling nonhazardous property in vehicles rated at 10,001 pounds or more, and higher amounts for hazardous materials and passenger carriers. Many businesses carry commercial and umbrella policies above any minimum. California’s minimum for ordinary vehicles is $30,000 per person and $60,000 per accident.
What if I was hit by a city bus, garbage truck, or other public vehicle?
Claims against a California public entity generally require a written government claim to that specific agency within six months under Government Code § 911.2. In Marin, Golden Gate Transit, Marin Transit, the County, and each city are separate agencies with separate claim processes. Claims involving federal vehicles, such as Postal Service trucks, go through the Federal Tort Claims Act, which generally requires an administrative claim within two years. Missing either deadline can bar the claim. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Is a rental company responsible if someone driving its truck hits me?
Usually not just because it owns the truck. A federal statute, 49 U.S.C. § 30106, generally shields rental and leasing businesses from liability based only on ownership. The rental company can still be responsible for its own negligence, such as failing to maintain the vehicle, and the renter’s insurance and conduct remain central.
How long do I have to file a claim?
For most personal injury claims in California, two years from the date of injury under Code of Civil Procedure § 335.1. Claims involving public entities or federal vehicles have their own, sometimes much shorter, deadlines. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Talk to a California commercial vehicle accident lawyer
If you were hurt in a collision with a delivery truck, company vehicle, bus, or other work vehicle, Synergist Law is willing to review what happened. Sami Sedghani, Pharm.D., J.D. (Super Lawyers 2022–2026; appellate counsel in the published decision Osaze v. Gee (2026)) handles serious auto and commercial vehicle cases personally. Se habla español.
Office: 1299 4th Street, Suite 301, San Rafael, CA 94901. Phone: (415) 835-4448. 24/7 answering service. Contingency fee: no attorney’s fee unless we obtain a recovery for you. Depending on the terms of your written fee agreement, you may be responsible for case costs we advance even if there is no recovery. Your fee agreement explains this before representation begins. Request a free consultation, review our frequently asked questions, or read about self-driving car and robotaxi accidents.
Disclaimer: This page provides general information only and does not constitute legal advice. No attorney–client relationship is formed by reading this content. Statutes, regulations, and company practices described here may change after the date shown above. Every case turns on its own facts, and nothing on this page predicts any outcome, timeline, or value in your matter. For advice specific to your situation, consult a licensed California attorney.