Phoenix Truck Accidents: 3 Myths Debunked for 2026

There’s a staggering amount of misinformation circulating about what happens after a commercial vehicle crash, especially when a UPS, FedEx, or Amazon truck is involved, or even a rideshare or gig economy driver. Many people mistakenly believe their options are limited, but the truth is far more complex and often more favorable than they imagine.

Myth 1: If an Amazon Flex or Uber Eats Driver Hits You, Amazon/Uber Is Fully Liable

This is one of the most pervasive and dangerous myths out there. People often assume that because a driver is working for a massive company like Amazon or Uber, that company’s deep pockets and robust insurance policies will automatically cover all damages. Nothing could be further from the truth, and this misconception can lead victims down a frustrating, dead-end path. In reality, most gig economy drivers—think Amazon Flex, Uber Eats, DoorDash, Instacart, even many rideshare drivers—are classified as independent contractors. This classification is a deliberate business strategy by these companies to shield themselves from direct liability.

When an independent contractor causes an accident in Phoenix, their personal auto insurance policy is typically the primary policy responsible for covering damages. And here’s the kicker: many personal auto policies explicitly exclude coverage for accidents that occur when the vehicle is being used for commercial purposes. This creates a gaping hole in coverage. I had a client last year, a young woman hit by an Amazon Flex driver on Camelback Road near the Biltmore Fashion Park. She assumed Amazon would step up. They didn’t. Her medical bills piled up at Banner – University Medical Center Phoenix, and the Flex driver’s personal insurance denied coverage, citing the commercial exclusion. We had to fight tooth and nail, eventually leveraging Arizona’s permissive use laws and the driver’s own limited rideshare add-on policy, which thankfully he had purchased. It was a mess.

While some gig companies offer supplemental insurance, it often has limitations, such as only covering damages above the driver’s personal policy limits, or only activating during specific phases of the “gig” (e.g., while actively transporting goods, but not en route to pick them up). According to a report by the National Association of Insurance Commissioners (NAIC), “many standard personal auto insurance policies contain exclusions for livery or commercial use, leaving drivers and accident victims vulnerable.” This is why it is absolutely critical to understand the driver’s employment status and their specific insurance coverage right from the start. We always investigate the driver’s contract with the gig company and their personal insurance policy immediately.

Myth 2: If You Were Partially at Fault, You Can’t Recover Any Damages

This myth stems from an outdated understanding of tort law, specifically the concept of “contributory negligence,” which few states still follow. Arizona operates under a system of pure comparative negligence (A.R.S. § 12-2505). This means that even if you bear some responsibility for a truck accident, you can still recover damages. Your recoverable damages will simply be reduced by your percentage of fault.

Let me give you a clear example. Say a FedEx truck swerved suddenly on I-10 near the Stack freeway interchange, causing a collision, but you were also found to be speeding slightly. A jury determines the FedEx driver was 80% at fault, and you were 20% at fault. If your total damages (medical bills, lost wages, pain and suffering) are $100,000, you would still be able to recover $80,000. It’s a fair system, designed to apportion blame justly. The old “Last Clear Chance” doctrine, which used to be a big deal, is largely irrelevant in Arizona now because of comparative negligence. Don’t let anyone, especially an insurance adjuster, tell you that your minor error negates your entire claim. We’ve seen adjusters try to intimidate clients with this line, but it’s simply not true under Arizona law. We regularly argue successfully that even if our client made a small mistake, the commercial driver’s negligence was the primary cause.

Myth 3: All UPS/FedEx Drivers Are Employees, Making Liability Straightforward

While it’s true that a significant portion of UPS and FedEx drivers are direct employees, the landscape isn’t as uniform as many assume. Both companies, especially FedEx, utilize a complex network of independent contractors and franchisees, which can significantly complicate liability in a truck accident. For instance, FedEx Ground primarily uses independent contractors who own their routes and trucks. This means that if you’re hit by a FedEx Ground truck on say, North 7th Street, you might be dealing with the independent contractor’s business insurance policy, not directly with FedEx Corporate’s.

UPS, while generally employing its drivers directly, also uses third-party logistics providers and sometimes contracts out specific delivery services. The distinction matters immensely because it dictates which insurance policies come into play and the legal strategies required. If it’s a direct employee, we are usually looking at the company’s commercial auto policy, which tends to have much higher limits. If it’s a contractor, we’re back to the complexities of business insurance policies, which can vary wildly in coverage. We ran into this exact issue at my previous firm with a crash involving a “white van” delivery service working for a major retailer. The van had the retailer’s logo, but the driver was an independent contractor for a local logistics company. It took weeks of investigation just to untangle the corporate structure and identify the correct insurer. My advice? Never assume direct employment; always investigate.

Myth 4: You Don’t Need to Call the Police for Minor Accidents

This is an incredibly common and potentially devastating mistake, especially in Phoenix traffic. People often exchange information, assess minimal damage, and think they’ve handled it. But even a seemingly minor truck accident can lead to delayed injuries or damage that isn’t immediately apparent. More importantly, without a police report, proving fault becomes significantly harder. A police report from the Phoenix Police Department or Arizona Department of Public Safety (DPS) provides an objective, official account of the incident, including details like:

• Date, time, and location of the crash
• Witness information
• Vehicle information and damage
• Driver information and insurance details
• A preliminary determination of fault or contributing factors (though not legally binding, it carries weight)
• Citations issued, if any

Without this crucial document, you’re left with a “he said, she said” scenario, making your claim much more difficult to pursue. Insurance companies love to exploit this lack of official documentation. They’ll question everything. I always tell my clients, even if it’s a fender bender at the Paradise Valley Mall parking lot, call the police. Get that report. It’s your first piece of concrete evidence, and frankly, it often makes the difference between a swift settlement and a prolonged battle.

Myth 5: Your Own Insurance Will Automatically Cover Everything

While your personal insurance policy, specifically your Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage, will often cover your initial medical expenses regardless of fault, it has limits. And it certainly won’t cover all your damages if you’ve suffered significant injuries in a Phoenix truck accident. PIP/MedPay is designed to get you immediate care, but it’s usually capped at a few thousand dollars. What happens when your medical bills from St. Joseph’s Hospital and Medical Center exceed that, or when you need ongoing physical therapy?

Furthermore, your own insurance won’t cover:

• Lost Wages: If you’re out of work due to your injuries.
• Pain and Suffering: The physical discomfort and emotional distress caused by the accident.
• Property Damage beyond your deductible: If the other party is at fault, their insurance should cover the full repair or replacement of your vehicle.
• Future Medical Expenses: For long-term care or rehabilitation.

These are all elements that must be recovered from the at-fault driver’s insurance policy, or the commercial entity responsible. Relying solely on your own insurance is a recipe for financial disaster if you’ve been seriously injured. Your insurer will only pay out what they’re contractually obligated to, and then they’ll often seek reimbursement from the at-fault party’s insurer (a process called subrogation). You need an advocate focused on your total recovery, not just what your policy dictates.

The legal landscape surrounding these types of accidents is intricate, constantly shifting, and riddled with traps for the unwary. My experience has shown that those who understand these nuances are far better positioned to protect their rights and secure the compensation they deserve after a crash.