The Forest Hills Inn has anchored Station Square since 1912, its Tudor towers and brick arches rising above the LIRR platform at the heart of Forest Hills Gardens. It is one of the most photographed corners of Queens. It is also, on any weekday, a place where delivery trucks squeeze through the narrow, cobbled approaches to the Gardens, pausing to unload, backing around tight corners, and pulling out onto Continental Avenue and Burns Street.
Among those trucks are FedEx vehicles. But here is something most people do not realize: “FedEx” is not one company when it comes to delivery drivers. The driver of a FedEx Express truck is typically a FedEx employee. The driver of a FedEx Ground truck typically works for an independent contractor that has a service agreement with FedEx Ground. That distinction can change who is responsible and whose insurance pays. A FedEx truck accident lawyer in Forest Hills starts every case by figuring out which one hit you.
FedEx Express vs. FedEx Ground: The Basics
| FedEx Express | FedEx Ground (and Home Delivery) | |
|---|---|---|
| Who employs drivers | Generally FedEx Express | Generally independent service providers (contractor companies) |
| What they deliver | Time-sensitive, often overnight and express packages | Ground packages, including residential deliveries |
| Typical vehicles | FedEx-branded vans and trucks, with “Express” markings | Branded trucks marked “Ground,” sometimes leased or owned by the contractor |
| Primary liability | FedEx Express as employer and often owner | The contractor company as employer; FedEx Ground’s role depends on facts |
Branding can be confusing. Many trucks say “FedEx” prominently with a smaller word underneath, like “Express” or “Ground.” Some Ground contractor trucks also display the contractor’s company name or a USDOT number registered to the contractor.
Why the Difference Matters
Under New York law, an employer is generally responsible for an employee’s negligence on the job, and under Vehicle and Traffic Law Section 388, a vehicle owner is generally liable for a permissive driver. For a FedEx Express crash, FedEx is usually both employer and owner. For a FedEx Ground crash, the contractor company is typically the employer, and it or a leasing company may own the truck.
Whether FedEx Ground itself can also be held responsible for a contractor driver’s negligence depends on the degree of control it exercises and other facts, issues that have been litigated in many courts. Regardless, the contractor is required by its agreements and by law to carry insurance, and identifying that policy is a first step.
How to Tell Which FedEx Hit You
- Look at the side and back of the truck. Note whether it says Express, Ground, Freight or Custom Critical.
- Find the USDOT number on the door or side, and photograph it. You can look it up on the FMCSA’s SAFER system to see the registered carrier.
- Photograph the license plate, which shows the registered owner.
- Ask the driver who they work for and get insurance information.
- Get the police report. The 112th Precinct covers Forest Hills; the report lists the owner and insurer.
Common FedEx Crash Scenarios in Forest Hills
- Backing in Forest Hills Gardens. The Gardens’ private streets are narrow and winding, and trucks often back up after dead-ends or to reach addresses. Pedestrians and parked cars are at risk.
- Double-parking on Austin Street and Continental Avenue, then pulling out into a cyclist or car.
- Turning crashes on Queens Boulevard, where trucks cross the bike lane on right turns.
- Rear-end collisions on Union Turnpike and the Jackie Robinson Parkway approaches (trucks are barred from the parkway itself but use nearby roads).
- Weather crashes during peak season, when delivery volume surges and snow narrows streets.
Your Claim, Step by Step
- No-fault first. If you were in a car, your own auto policy pays reasonable medical bills and part of lost wages. If you were walking or cycling, you generally claim under a household auto policy or, if none, the truck’s policy. File within 30 days.
- Identify the employer and owner. Express or Ground contractor.
- Preserve evidence. Send preservation letters to FedEx and, for Ground, the contractor. Delivery trucks often carry telematics, scanner records and sometimes cameras.
- Meet the serious injury threshold of Insurance Law Section 5102(d) to recover pain and suffering.
- Present the claim to the responsible insurers.
- Litigate if needed in Queens County Supreme Court.
Federal Rules for Larger FedEx Trucks
FedEx Freight tractor-trailers and some larger Express and Ground trucks are commercial motor vehicles subject to Federal Motor Carrier Safety Regulations, including hours of service, driver qualification, drug and alcohol testing and vehicle maintenance. Violations can be strong evidence of negligence. Smaller delivery vans may fall below certain federal weight thresholds but are still subject to New York traffic law.
Comparative Fault
If FedEx or a contractor argues you were partly at fault, New York’s pure comparative negligence rule reduces your recovery by your share rather than eliminating it. Video from storefronts on Austin Street, doorbell cameras in the Gardens, and the truck’s own telematics often settle disputes.
The Forest Hills Gardens Wrinkle
Forest Hills Gardens is a private community whose streets are owned and maintained by the Forest Hills Gardens Corporation rather than the city. If a road defect in the Gardens contributed to your crash or fall, the claim may be against the Gardens Corporation rather than New York City, which affects notice requirements and deadlines. Outside the Gardens, city streets are subject to the 90-day Notice of Claim rule.
What To Do After a FedEx Truck Crash
- Call 911 and get medical help.
- Photograph the truck (including Express or Ground markings and USDOT number), plate, scene and injuries.
- Get the driver’s name, employer and insurance.
- Collect witness information and ask nearby homes and stores for video.
- File for no-fault within 30 days.
- Do not give recorded statements to FedEx or contractor insurers before talking to a lawyer.
Deadlines
- No-fault: 30 days.
- Personal injury lawsuit: generally three years.
- Claims involving city vehicles or roads: Notice of Claim within 90 days.
- Wrongful death: two years.
Look up a carrier by USDOT number on FMCSA SAFER. For background on FedEx’s operating companies, see FedEx company structure.
We Sort Out the Corporate Maze
Mushiyev Law represents people hurt by FedEx, UPS, Amazon and other delivery trucks across Queens and Nassau. We identify the right companies, preserve the data and pursue every available policy. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Forest Hills to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Station Square, head to Queens Boulevard, then the Van Wyck Expressway south, the Belt Parkway east and the Cross Island Parkway to Rosedale.
Peak Season in Forest Hills
From Thanksgiving through the New Year, FedEx and other carriers move enormous package volumes. In Forest Hills, that means more trucks double-parked on Austin Street, more vans circling the Gardens, and more drivers working long days, sometimes in rented vehicles or with seasonal helpers. Fatigue and time pressure increase crash risk. If you are hit during peak season by a vehicle without obvious FedEx branding, look for other clues: a driver in a FedEx uniform or vest, packages with FedEx labels, or a handheld scanner. Seasonal rental trucks used by contractors are still part of the delivery operation, and the contractor’s insurance may still apply.
Injuries From Delivery Truck Crashes
FedEx delivery trucks range from step vans to straight trucks and tractor-trailers. Their weight and height mean that collisions with cars often cause injuries to the head, neck and shoulders, while pedestrians struck by backing trucks may suffer fractures of the legs, pelvis and hips and serious head injuries. Cyclists hit by trucks pulling away from the curb often suffer collarbone and wrist fractures. All of these can meet New York’s serious injury threshold, opening the door to compensation for pain and suffering. Prompt and consistent medical care is essential.
If You Drive for a FedEx Ground Contractor
Drivers employed by FedEx Ground contractors are injured too, in crashes caused by other motorists, on icy steps and in dog attacks. As employees of the contractor company, they generally have workers’ compensation through that company. They may also have third-party claims against negligent drivers or property owners. If a contractor failed to carry required workers’ compensation insurance, New York has mechanisms for injured workers to receive benefits through the Uninsured Employers Fund, and the employer can face penalties. Keep pay stubs and route records to document your lost earnings.
Property Damage and Your Car
If a FedEx truck damaged your car, present a property damage claim to the responsible company’s insurer, or use your own collision coverage and let your insurer pursue reimbursement. Keep photos, estimates and rental receipts. Read any property damage release carefully to make sure it does not also release your injury claim.
Safety Around Delivery Trucks in the Gardens
Forest Hills Gardens’ narrow, curving streets and limited sightlines make delivery trucks harder to see around. Walk on the sidewalk side away from a stopped truck, never pass behind one with reverse lights on, and keep children close when trucks are maneuvering. Drivers should slow down when a truck is stopped in the roadway, because the delivery driver or a pedestrian may step out suddenly.
Frequently Asked Questions
Who is liable if a FedEx truck hits me in Forest Hills?
It depends on which FedEx company. FedEx Express drivers are generally FedEx employees. FedEx Ground drivers generally work for independent contractor companies, which are primarily responsible, with FedEx Ground’s role depending on the facts.
How do I know if it was a FedEx Express or Ground truck?
Look for “Express” or “Ground” markings, photograph the USDOT number and plate, ask the driver for their employer, and get the police report.
Do I get no-fault if a FedEx truck hits my car?
Yes. Your own auto policy pays your basic medical bills and part of lost wages. File within 30 days.
What if the crash was in Forest Hills Gardens?
The Gardens’ streets are private, so road-condition claims may involve the Forest Hills Gardens Corporation rather than the city. Driver negligence claims work the same way.
How much does a FedEx truck accident lawyer in Forest Hills cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.