The 2026 FIFA World Cup has arrived, and North Texas sits at the center of it. AT&T Stadium in Arlington, renamed Dallas Stadium for the tournament, will host nine matches between June 14 and July 14, more than any other venue in North America. That includes five group stage games, three knockout matches, and a semifinal on July 14. Local officials expect millions of visitors and an estimated $2 billion in economic impact across the region.

With those crowds come more police, more alcohol, and more chances to run into the criminal justice system, often over things that are perfectly legal somewhere else. Texas law is strict, and “I didn’t know” is not a defense. This guide explains what people commonly get arrested for at major events, how the process works, what bond looks like in Tarrant County, and what visitors, especially international travelers, need to know.

Texas criminal law applies to you the moment you arrive for the 2026 World Cup, even if the same conduct is legal back home. The most common arrests at big events are public intoxication, DWI, drug possession, assault, and solicitation of prostitution, and for international visitors any of these can create immigration problems that outlast your trip. If you are arrested anywhere in the Dallas-Fort Worth area, stay quiet and call a Texas criminal defense lawyer before you say anything to police or agree to any plea.

What Do People Get Arrested for During the World Cup?

Big events draw big crowds, heavy drinking, and a heavy police presence. Based on patterns from past World Cups, Super Bowls, and large events in North Texas, the charges below come up again and again. For each one, here is what the conduct looks like, what the State has to prove to convict you, and what the charge can cost.

One rule runs through all of them: in a Texas criminal case the burden is always on the State, never on you. Prosecutors must prove every element of an offense beyond a reasonable doubt, the highest standard in American law. You do not have to prove your innocence, testify, or explain anything. A good defense attacks the State’s proof of a single element, and if even one element fails, the whole case can fail.

Public Intoxication

This is the easiest and most common way to get arrested at a stadium event. Under Texas Penal Code Section 49.02, the State must prove you appeared in a public place while intoxicated to the degree that you may have endangered yourself or another person. Note what that does not require: you do not have to be falling down, driving, or causing a scene. An officer only needs to believe you posed a danger. Mere drinking is not enough, and the “danger” element is often what wins these cases. A first offense is a Class C misdemeanor, the same level as a traffic ticket, but it is still an arrest that can show up later, including at a border. Our team covers the defenses in depth on our Fort Worth public intoxication page.

Disorderly Conduct

Disorderly conduct is the catch-all offense that officers reach for when a night gets loud. It can cover fighting words, offensive gestures, unreasonable noise, or displaying a firearm in a public place to alarm others. The State must prove you acted intentionally or knowingly and that your conduct fit one of the specific categories in the statute. Like public intoxication, most disorderly conduct is a Class C misdemeanor, but it often accompanies a more serious charge after a confrontation. See our Fort Worth disorderly conduct page for how these charges are fought.

Assault and Bar Fights

Crowded, alcohol-heavy spaces turn shoving matches into criminal cases fast. Under Texas Penal Code Section 22.01, the State must prove you intentionally, knowingly, or recklessly caused bodily injury to another person. “Bodily injury” is defined broadly. It includes physical pain, so a case can proceed even when no one is seriously hurt and there are no visible marks. A simple assault is usually a Class A misdemeanor carrying up to a year in jail and a fine up to $4,000, but it climbs to a felony if the person you allegedly hit falls into a protected category or if serious injury is involved. A single thrown punch can change a trip permanently. Learn more on our Fort Worth assault lawyer page.

DWI (Driving While Intoxicated)

DWI is heavily enforced during major events, especially late at night and on weekends. Under Texas Penal Code Section 49.04, the State must prove you operated a motor vehicle, in a public place, while intoxicated. “Intoxicated” means either a blood or breath alcohol concentration of 0.08 or higher, or the loss of normal mental or physical faculties from alcohol or drugs. Each of those words, operated, public place, and intoxicated, is a place a defense can challenge. A first DWI is generally a Class B misdemeanor with possible jail time and fines, and penalties climb sharply for a high BAC, repeat offenses, or a child in the car. Because DWI is so common around big events, we cover it in detail below and on our Fort Worth DWI lawyer page.

Drug Possession

This is one of the biggest traps for visitors, because marijuana and THC products that are legal in your home state or country are not legal in Texas. Drug crimes are charged under the Texas Health and Safety Code, and the State must prove you knowingly or intentionally possessed a controlled substance, meaning you knew it was there and knew what it was. The penalty depends entirely on the drug’s penalty group and the amount, and the form matters enormously. THC concentrates and edibles can be charged far more harshly than the same conduct involving plant marijuana, and even small amounts of a concentrate can be a felony. Our Fort Worth drug possession page explains how Texas classifies these offenses.

Solicitation of Prostitution

Major events historically trigger large undercover operations focused on prostitution-related offenses, and Texas punishes buying sex more harshly than almost anywhere else. Under Texas Penal Code Section 43.021, the State must prove you knowingly offered or agreed to pay a fee to engage in sexual conduct. Since September 1, 2021, this has been a state jail felony even on a first offense, carrying 180 days to 2 years in a state jail facility and a fine of up to $10,000. You can be charged even if no money changes hands and no sex act occurs. The offer or agreement is enough, undercover officers are allowed to lie about being police, and code words offer no protection, which is why what was actually said matters so much. Our Fort Worth prostitution lawyer page breaks down the felony solicitation law.

Theft, Counterfeit Merchandise, and Ticket Fraud

Scalping, fake tickets, and knockoff jerseys all live here. Under Texas Penal Code Section 31.03, the State must prove you unlawfully took property, or appropriated it, with the intent to deprive the owner of it. Selling counterfeit goods and passing fake tickets can expose you to separate fraud and trademark liability. The grade of the offense increases with the dollar amount involved, ranging from a Class C ticket to a felony. Our Fort Worth theft lawyer page covers how value drives the charge.

Trespassing and Pitch Invasion

Running onto the field is not a harmless prank in Texas, it is a crime, and venues prosecute it. Under Texas Penal Code Section 30.05, the State must prove you entered or remained on property without consent after notice that entry was forbidden, or after being asked to leave. Stadium signage, ticket terms, and security warnings all count as notice. Criminal trespass is usually a misdemeanor, but the embarrassment and immigration fallout for a visitor can far outweigh the penalty in Texas. See our Fort Worth criminal trespass page for more.

Fake IDs and Failure to Identify

Using a borrowed or forged ID to get into a venue or buy alcohol is its own offense, and giving false information to an officer compounds the problem. Texas has a “failure to identify” law under Texas Penal Code Section 38.02: the State must prove you gave a false or fictitious name, address, or date of birth to an officer, or refused to identify yourself after a lawful arrest. For an international visitor, a fraudulent-identity charge carries added immigration risk on top of the Texas penalty. Our Fort Worth failure to identify page explains your rights.

This list is not exhaustive, and any of these charges can come paired with others after a single incident. If you are facing any of them, do not try to talk your way out of it at the scene. Get a local defense lawyer involved before you say anything to police.

Increased Enforcement and Sting Operations

Law enforcement agencies plan for major events months in advance, and the World Cup will likely bring a much larger police presence than a typical game day. Expect increased enforcement efforts throughout Arlington and the surrounding entertainment districts, including:

• Prostitution stings targeting those seeking to purchase sex.
• Human trafficking task forces. Multiple agencies often coordinate at events of this scale, conducting proactive operations aimed at identifying trafficking activity and related offenses.
• DWI “no refusal” enforcement. On heavily enforced nights, on-call judges can quickly issue warrants for blood draws when drivers refuse breath or blood testing.
• Undercover and saturation patrols. Expect additional officers in and around the stadium, Texas Live!, and popular nightlife areas in Arlington, Fort Worth, and Dallas.

How Is Drunk Driving Handled in Texas?

DWI is one of the most common and most aggressively prosecuted charges around major events. Here is what visitors need to know:

The legal limit. For most drivers, the limit is a blood alcohol concentration of 0.08. For commercial drivers it is 0.04. For anyone under 21, Texas has zero tolerance, meaning any detectable alcohol can lead to charges. You can also be charged below 0.08 if an officer believes alcohol or drugs impaired your driving.

The arrest and booking process. If an officer suspects DWI, you may be asked to perform field sobriety tests, which you can decline, but then you will be arrested. After arrest, you will be booked into jail, and the breath or blood testing process begins.

Implied consent and “no refusal.” By driving on Texas roads, you are deemed to have consented to breath or blood testing after a lawful DWI arrest. You can still refuse, but the officer will then usually apply for a warrant from a magistrate. During heavily enforced periods, judges are on call, and electronic warrants move quickly, so refusing rarely prevents a blood draw. Once a warrant is signed, you must comply. You can learn more about how these warrants work on our blood search warrant page.

Penalties. A first DWI is generally a misdemeanor but still carries possible jail time, fines, and other consequences. Penalties climb sharply for repeat offenses, a high BAC, or having a child in the car.

License consequences. Refusing a test triggers Administrative License Revocation, an automatic suspension separate from the criminal case. A first refusal means a 180-day suspension. A second means two years. You have only 15 days from the date of arrest to request a hearing to contest it. For out-of-state and international drivers, this suspension can affect your ability to drive in Texas and may be reported to your home licensing authority. Our Fort Worth DWI lawyer page walks through the full process.

The takeaway: use ride-share. With Uber, Lyft, and event shuttles widely available, there is no reason to risk a DWI. A rideshare fare is a fraction of what a DWI costs in money, time, and stress.

Typical Bond Amounts for DWI in Tarrant County

Based on an analysis Varghese Summersett completed of more than 52,000 bonds set in Tarrant County during 2025:

These are general patterns, not promises. A magistrate sets your bond based on the specific charge, your ties to the area, and any prior record. Non-residents often see higher bond amounts because courts may view them as flight risks.

If you have been arrested during the tournament, you do not have to sort this out alone. Talk to a lawyer before you speak to police, and let a local team start protecting your record from day one.

What Happens When You Get Arrested?

If you are arrested in Arlington or anywhere in Tarrant County, here is the typical sequence.

Booking. You are taken to the local jail, either Arlington PD or the Tarrant County Jail, where you are fingerprinted, photographed, and processed.

Magistration. Within a reasonable time, you appear before a magistrate who informs you of the charges, advises you of your rights, and sets bond.

Bond. Common options are a cash bond, where you pay the full amount and get it back later; a surety bond, where you pay a bail bondsman a non-refundable fee, usually around 10 percent; or a personal recognizance bond, where you are released on a promise to appear with no money up front. Personal recognizance bonds are harder to get for non-residents. Our Fort Worth bail bonds page explains each option.

Release timeline. Anywhere from a few hours to a day or more, depending on the charge, the bond type, the time of day, and whether it is a weekend or holiday.

The single most important step is to contact a local criminal defense attorney quickly. An attorney can often speed up release, advise you before you say anything to police, and start protecting your case immediately.

Special Considerations for International Visitors and Visa Holders

This is the section that matters most for the hundreds of thousands of fans traveling from abroad. An arrest that a local resident might shake off can carry life-altering immigration consequences for a visitor.

Why is an arrest a bigger deal for visitors?

A local resident goes home after booking. A visitor may have a flight, a tour group, or a return date that an arrest will jeopardize. Courts often view non-residents and foreign nationals as flight risks, which can mean higher bond amounts and extra conditions. A pending case can keep you in Texas far longer than your trip was supposed to last.

Two separate systems: criminal court and immigration

The criminal case and the immigration consequence run on separate tracks. You can resolve a criminal case in a way that still damages your immigration status. That is why a criminal defense lawyer who understands immigration consequences and works with immigration counsel when needed matters so much for visitors.

Offenses with outsized immigration consequences

Certain charges carry far more weight at the border than their Texas penalty suggests. These include crimes involving moral turpitude, such as theft, fraud, and certain assaults; any drug offense, where even small possession can make you inadmissible to the United States in the future; solicitation and prostitution offenses; and domestic violence-related charges. Even a seemingly minor plea can lead to visa revocation, denial of future entry, or removal.

The trap of pleading guilty just to go home

The instinct to “just plead and catch my flight” is understandable and often a serious mistake. Deferred adjudication is not a clean slate for immigration purposes. Federal immigration law often treats it as a conviction even though Texas does not. Get advice before entering any plea.

Consular rights

Under the Vienna Convention on Consular Relations, you have the right to have your country’s consulate notified of your arrest, and you can ask officers to make that notification. A consulate cannot get you out of jail or act as your lawyer, but it can help with communication, contacts, and sometimes referrals to local attorneys.

Visa status and future entry

Travelers using ESTA under the Visa Waiver Program should know that an arrest can jeopardize waiver eligibility. There are meaningful differences between being charged, being convicted, and admitting to certain conduct, and any of them can create problems at the border. You may be flagged on future entry attempts even if a case is ultimately dismissed. The practical rule: never leave the country with an unresolved case if you can avoid it.

The Long-Term Reality of a Criminal Case

A case does not end when you leave Texas. Understanding the timeline helps you plan.

Court settings. A case moves through stages such as arraignment and pretrial proceedings, often spaced over weeks or months.

Do you have to appear in person? For many misdemeanors, your attorney can appear on your behalf, so you do not have to fly back for every setting. This varies by court and charge, and felonies usually require your presence.

How long cases take. Even a straightforward misdemeanor can take several months to resolve.

Failure to appear. Missing a required court date triggers a warrant for your arrest and can lead to forfeiture of your bond. That warrant does not go away just because you are in another country.

Why Trust Varghese Summersett

Varghese Summersett is a Texas law firm with offices in Fort Worth, Dallas, Southlake, and Houston, and a team of more than 70 legal professionals handling criminal defense, personal injury, and family law. On the criminal side, the firm has secured more than 1,600 dismissals and over 800 charge reductions, backed by more than 1,300 five-star reviews.

Five of our criminal defense attorneys are Board Certified — the highest designation an attorney can achieve in Texas. Benson Varghese, Anna Summersett, and Letty Martinez are Board Certified in Criminal Law, while Lisa Herrick and Mike Hanson are Board Certified in Juvenile Law.

Board Certification is awarded by the Texas Board of Legal Specialization to attorneys who have demonstrated substantial experience, passed a rigorous examination, and earned the respect of judges and fellow lawyers in their field. Fewer than 1 percent of Texas attorneys are Board Certified in Criminal Law, making this distinction a testament to their exceptional knowledge, skill, and commitment to excellence.

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How Varghese Summersett Has Handled Cases Like These

Real outcomes show how the right defense can change a result. In one Tarrant County DWI case, Varghese Summersett attorney Alex Thornton represented a client charged with driving while intoxicated. Rather than accept the charge as filed, the defense team scrutinized the stop and the evidence and negotiated a resolution that reduced the charge to obstruction of a highway, with 12 months of deferred adjudication and no DWI conviction on the record.

For a visitor, that kind of reduction can be the difference between a manageable outcome and a charge that follows you across borders. Past results do not guarantee future outcomes, but they show what experienced local counsel can do when they get involved early.

More Serious Charges: Felonies and Drug Charges

Felony cases work differently and carry higher stakes.

Procedure. Felonies typically go through a grand jury, which decides whether to issue an indictment. This adds time and complexity.

Drug charges. Texas has a strict penalty structure under the Health and Safety Code, and the amount and form of the drug matter enormously. THC concentrates and edibles can be charged far more harshly than you might expect, and small amounts can be felonies. Our Fort Worth drug possession page breaks down how Texas classifies these offenses.

Bond conditions. Felony cases often mean higher bonds, mandatory court appearances, and travel restrictions as a condition of release, which is a major problem for someone trying to fly home.

These cases require committed local counsel from the start.

Traveling Through DFW With an Existing Warrant

You do not have to live in Texas, or even attend a match, to get caught up in this. A layover at DFW International Airport is enough.

How does a warrant surface?

ID scans and law enforcement database checks at the airport can flag outstanding warrants from any U.S. jurisdiction, not just Texas. A connecting flight is enough to trigger it.

The likely sequence of events

If a warrant hits at the airport, expect detention by DFW Airport law enforcement, then booking into the DFW Airport jail, which is a real, operating facility. Officers confirm that you are the person named and that the warrant is active. From there you are usually transferred within a day to the jail in the county that holds the warrant, for example Tarrant County, where you are read the charge and bond is set. Release follows on a timeline that depends on the bond type, any holds, and whether it is a weekend or holiday.

What lengthens the timeline

Out-of-county or out-of-state warrants raise extradition questions. Weekend and holiday arrests, multiple warrants, and holds from other agencies all add delay.

What to do if it happens

Do not resist or argue with airport law enforcement. Exercise your right to remain silent and do not try to explain or minimize. Contact a local defense attorney as soon as possible, and arrange for someone on the outside to help coordinate bond. Best of all, resolve any known warrant before you travel. An attorney can often handle it far more cheaply and quickly than dealing with an airport arrest.

“Quick Buck” Schemes That Are Actually Crimes

Big events tempt people into informal money-making that crosses into criminal territory. In Texas, these can get you arrested.

Watch out for ticket scalping and resale, which can run into state rules, venue prohibitions, and serious counterfeit-ticket exposure. Charging people to park on property you do not own or control is another common trap, as is operating informal cabs or unpermitted ride services. Selling knockoff jerseys and gear is counterfeit merchandise. Street sales of food or goods without the required permits is unlicensed vending. Reselling alcohol without a permit is its own offense. The pattern is simple: informal money-making at big events frequently becomes a criminal case.

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you gain a team of highly experienced criminal defense attorneys who have handled thousands of cases throughout North Texas. The firm includes five Board Certified attorneys in criminal and juvenile law — a distinction held by only a small percentage of Texas lawyers — as well as numerous former prosecutors who understand how the State investigates, charges, and tries criminal cases.

You can expect a clear explanation of your charges, an honest assessment of your options, and a defense built around your specific situation, whether that means challenging an unlawful stop, fighting a faulty breath or blood test, or negotiating a reduction that protects your record and your ability to travel. For out-of-town and international clients, the firm works to minimize how often you have to return to Texas and to flag immigration consequences before any plea is entered.

Award-Winning Legal Excellence

Watch: The Top Mistakes People Make When Arrested

Frequently Asked Questions

Is marijuana legal in Texas?

No. Recreational marijuana is illegal in Texas, and the medical program is extremely limited. Texas defines legal hemp as containing no more than 0.3 percent delta-9 THC by dry weight, which is different from the marijuana sold in legal-cannabis states. Possession of actual marijuana can lead to arrest.

Are THC gummies, Delta-8, and vapes legal?

This is one of the fastest-moving areas of Texas law right now, so treat it with caution. As of mid-2026, the sale of any vape or e-cigarette containing cannabinoids, including Delta-8 and even CBD, has been banned in Texas since September 2025 under Senate Bill 2024. The state has also moved to ban smokable hemp products and to treat Delta-8 as a controlled substance, with several of these rules tied up in ongoing court challenges. Some non-smokable products like certain gummies and CBD oils remain available to adults 21 and older within the legal THC limit, but the landscape can change with a single court ruling. For a visitor, the safe move is to assume THC products may not be legal here and leave them behind. Carrying THC concentrates or vape products can lead to arrest, and concentrates can be charged as felonies.

I have a medical marijuana card from my home state. Does it protect me?

No. An out-of-state or foreign medical card does not authorize possession in Texas.

Can I carry a gun?

Texas allows permitless, or “constitutional,” carry for most adults 21 and older who can legally possess a firearm, but there are many exceptions, and certain people are prohibited entirely. More importantly for visitors, stadiums and event venues prohibit firearms regardless of the general carry rules, and bringing one can lead to arrest. International visitors face additional federal restrictions on possessing firearms. Leave it at home.

Can I drink in public or in the parking lot?

Texas has open container laws that restrict public drinking in many areas, and rules vary by city and venue. Tailgating is generally allowed at the stadium, but World Cup parking operations differ from normal game days, so follow posted rules and official guidance. Public intoxication is a separate offense. An officer who believes you are a danger to yourself or others can arrest you even if you are just standing on a sidewalk.

What is the DWI limit, and what if I am driving on a foreign license?

The limit is 0.08 BAC for most drivers, lower for commercial drivers, and zero tolerance under 21. The law applies to anyone driving in Texas, regardless of where the license was issued, and a DWI here can still affect your driving privileges at home.

Can I be arrested for a fake ID?

Yes. Using a false or borrowed ID can be a criminal offense, and for international visitors it carries the added risk of immigration consequences.

Do I have to show ID to police?

Texas has a “failure to identify” law. In general, you must give your name and certain information if you are lawfully arrested, and giving false information to an officer can itself be a crime. The rules around when you must identify yourself are nuanced, so be polite and avoid lying.

What is the difference between a citation and an arrest?

A citation is a written notice to appear or pay, often used for minor offenses, and you are released on the spot. An arrest means you are taken into custody and booked. Some offenses that get a ticket elsewhere can lead to arrest in Texas.

What happens if I miss a court date after flying home?

Missing a required court date triggers a warrant for your arrest and can cause you to forfeit your bond. The case and the warrant remain active and can surface the next time you travel to the United States.

Can my lawyer go to court for me so I do not have to fly back?

Often, yes, for misdemeanors, depending on the court and charge. Felonies generally require you to appear in person. A local defense attorney can tell you exactly what your case requires.

Do I really need a lawyer for a minor charge?

For visitors, yes, especially because of the immigration and travel consequences. What looks like a minor charge can carry consequences that follow you across borders for years.

Practical Tips and Final Word

The World Cup should be one of the best experiences of your life, not the start of a criminal case. A few simple habits keep you on the right side of Texas law. Plan your transportation in advance and use ride-share, shuttles, or public transit instead of driving after drinking.

Remember that “Everyone does it back home” is not a defense because Texas law applies to you the moment you arrive, including at the airport. Keep emergency and consulate contacts handy, along with the number of a local criminal defense attorney. And if you are arrested, stay calm, stay quiet, and call a lawyer immediately before talking to the police or entering any plea.

If you or someone traveling with you is arrested anywhere in the Dallas-Fort Worth area during the World Cup, contact Varghese Summersett right away to schedule a free consultation. The faster you have experienced local counsel, the more options you have to protect your freedom, your travel plans, and your future. Call 817-203-2220.

You were stopped at a light, merging onto the highway, or pulling out of a parking lot when a blue van or box truck with an Amazon smile logo hit you. Maybe the driver ran a red light. Maybe they were backing out of a neighborhood without looking. Either way, you are now injured, your car is damaged, and the driver is handing you a card for a company you have never heard of — not Amazon.

That moment of confusion is not an accident. It is the result of a deliberate corporate structure Amazon has built to distance itself from the trucks it controls, the drivers it directs, and the crashes those drivers cause. This article explains exactly how that structure works, why it does not fully protect Amazon from liability, and what an experienced Texas personal injury lawyer does to break through it.

Who You Are Actually Dealing With: Amazon’s Delivery Structure

Amazon does not employ most of the people who deliver its packages. Instead, it has created multiple layers of corporate separation between itself and the drivers on the road. Understanding each layer is the starting point for any serious claim.

Delivery Service Partners (DSPs)

The majority of Amazon’s “last-mile” deliveries — the final leg from a warehouse to your front door — are handled through a program Amazon calls Delivery Service Partners. A DSP is a small business, often a recently formed LLC or corporation, that Amazon has recruited and approved to operate delivery routes using Amazon-branded vans. Amazon provides the vans, the uniforms, the routing software, and the delivery equipment. The DSP hires the drivers, handles payroll, and is responsible for its drivers’ conduct on paper.

When a DSP driver hits you, the driver will identify the DSP employer — not Amazon. Amazon’s goal is for your lawyer to deal only with the DSP and its insurer, leaving Amazon out of the picture. A lawyer who accepts that framing will almost certainly undervalue the case. The DSP is a small company. Amazon is a $2 trillion corporation. The entire exercise of the claim is to get to Amazon.

Amazon Flex Independent Contractors

Amazon Flex is a separate program through which Amazon recruits individual drivers directly using a smartphone app. Flex drivers use their own personal vehicles to deliver Amazon packages. Amazon classifies them as independent contractors — not employees of Amazon and not employees of a DSP. Amazon controls route assignments, delivery windows, and performance standards entirely through the app. If a Flex driver hits you, there is no DSP in the middle. The only corporate entity is Amazon itself, and the only structure between Amazon and the crash is the “independent contractor” label.

Amazon Logistics and the Amazon Brand

The legal entity responsible for the delivery program is generally Amazon Logistics, Inc., a subsidiary of Amazon.com, Inc. Both entities are potential defendants. Amazon.com, Inc. is the parent corporation and ultimately the most creditworthy defendant. Identifying which Amazon entity to sue — and suing the right ones — is a threshold task. Suing only the DSP without naming the Amazon entities is a common and expensive mistake.

Third-Party Carriers

Amazon also contracts with traditional motor carriers and freight companies for certain delivery routes. Those carriers are subject to the full weight of federal motor carrier regulations, including requirements that do not apply to DSP vans on local routes. If the vehicle that hit you was a larger commercial truck operating under a USDOT number, the analysis expands to include Federal Motor Carrier Safety Administration regulations and the MCS-90 endorsement discussed below.

The $1 Million Commercial Auto Policy Most Lawyers Never Demand

This is the most important section of this article, and the one most people — including many lawyers — get wrong.

Amazon requires every DSP to maintain commercial auto insurance as a condition of the DSP agreement. Amazon also maintains its own commercial auto liability policy that covers DSP drivers operating Amazon-branded vehicles while making Amazon deliveries. That policy has limits of at least $1 million per occurrence.

Most injured people — and frankly, most personal injury lawyers who do not handle these cases regularly — deal only with the DSP’s insurer. They never ask whether Amazon’s own policy applies. The DSP’s policy alone may have limits of $1 million, but there is a second policy, Amazon’s own commercial auto coverage, that can apply on top of or alongside the DSP’s coverage depending on how the policies are structured and which “other insurance” clauses control.

Demanding both policies — the DSP’s commercial auto policy and Amazon’s commercial auto policy — and obtaining the full policy language (not just the declarations page) is a prerequisite to understanding the real coverage available. Settlement-volume firms that close cases without obtaining both policies leave significant money on the table.

Amazon Flex Coverage

For Flex drivers using their personal vehicles, the coverage structure is similar to the gig delivery platforms discussed in our DoorDash/Uber Eats article. The Flex driver’s personal auto policy almost certainly contains a commercial use exclusion that eliminates or limits coverage during active deliveries. Amazon provides commercial liability coverage for Flex drivers while they are on an active delivery block — packages are in the car and the driver is making deliveries. That coverage can reach $1 million per occurrence. The fight, as with other gig platforms, is over which period the driver was in at the moment of the crash and how Amazon’s coverage interacts with the driver’s personal policy.

Why the “Independent Contractor” Defense Does Not Hold Up

Amazon will tell you the driver was an independent contractor — either a DSP employee or a Flex driver — and therefore Amazon bears no responsibility for the crash. That argument has real limits under Texas law, and an experienced lawyer knows exactly where to attack it.

The Control Amazon Actually Exercises

Amazon’s DSP program is arguably the most tightly controlled “independent contractor” arrangement in American commerce. Consider what Amazon actually provides and directs:

Amazon owns or leases the vans and provides them to DSPs. Amazon installs its own routing and telematics software on those vans, which tracks real-time GPS location, speed, hard braking, and acceleration. Amazon’s Mentor app monitors driver behavior through the driver’s smartphone during every shift and generates safety scores that affect whether a driver stays on the route. Amazon sets the delivery window, the sequence of stops, and the performance standards. Amazon can and does direct DSPs to discipline or remove drivers based on the data Amazon collects. The DSP’s business exists entirely at Amazon’s direction — DSPs cannot take other delivery contracts and operate exclusively within the Amazon network.

Under the Texas right-to-control test, courts examine whether the company controls not just the end result of the work but the manner and means of performing it. The volume and specificity of Amazon’s control over DSP drivers — through technology, contractual requirements, and operational directives — creates a genuine fact question about whether the driver is functionally an employee of Amazon regardless of what the contract says. That fact question has to be developed through discovery, and it is a powerful lever in litigation.

Vicarious Liability: Actual Agency and Ostensible Agency

Texas recognizes two theories of agency that can make Amazon liable for a DSP driver’s negligence even if the contractor defense applies to traditional vicarious liability.

First, actual agency. If Amazon controls the driver’s work in sufficient detail under the right-to-control test, the contractor label does not insulate Amazon. The driver is Amazon’s agent in substance even if not in name. Discovery into Amazon’s operational contracts, Mentor data, telematics records, and DSP performance requirements builds this case.

Second, ostensible agency. The driver was wearing Amazon’s uniform. The van displayed Amazon’s logo and the Amazon smile. Any reasonable person would believe the driver was acting on Amazon’s behalf. Texas law recognizes ostensible or apparent agency as a basis for holding the apparent principal — Amazon — liable for the agent’s conduct when the injured party reasonably relied on that appearance. The branding alone creates a powerful ostensible agency argument that Amazon cannot contract away.

Negligent Hiring, Retention, and Supervision

Negligent hiring claims do not require an employment relationship. Amazon sets the qualification standards for DSP drivers and requires DSPs to use Amazon’s background check vendor. If a driver who caused your crash had a disqualifying driving record that a proper background check would have revealed, Amazon’s role in setting and enforcing those standards gives rise to a direct negligence claim against Amazon independent of vicarious liability. Similarly, if Amazon’s telematics data showed dangerous driving behavior before the crash and Amazon or the DSP failed to act on it, that failure supports a negligent retention and supervision claim against both entities.

If the Truck Was a Commercial Motor Carrier: Federal Regulations and the MCS-90

If the vehicle that hit you was not a DSP van but a larger commercial truck — a box truck or tractor-trailer operated by a carrier Amazon has contracted with — a separate and powerful layer of law applies.

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial motor carriers operating in interstate commerce. Carriers subject to FMCSA regulations are required to maintain minimum levels of financial responsibility and must attach an MCS-90 endorsement to their insurance policy. The MCS-90 is a federally mandated endorsement that makes the insurer directly responsible for judgments arising from the carrier’s operations, regardless of other policy exclusions. If the carrier’s policy would otherwise deny coverage — for example, because of a permissive use or policy exclusion — the MCS-90 overrides that denial and requires the insurer to pay up to the required minimum limits.

The MCS-90 is not a coverage expansion — it does not increase the policy limits — but it eliminates the insurer’s ability to dodge the claim on exclusion grounds. It also creates a direct right of action against the insurer itself. In cases involving Amazon-contracted carriers, identifying whether the carrier holds a USDOT number and whether its policy carries the MCS-90 endorsement is a threshold task that many lawyers miss entirely.

Beyond the MCS-90, FMCSA regulations impose specific duties on commercial carriers and their drivers: hours-of-service limits, drug and alcohol testing requirements, vehicle inspection and maintenance standards, and driver qualification standards. If the carrier or driver violated any of these regulations and that violation contributed to your crash, those violations are evidence of negligence and can support a negligent entrustment or negligent hiring claim against Amazon for selecting a non-compliant carrier.

Why Amazon Settles Fast — and How to Make That Work for You

Amazon is not a company that fights every case to verdict. In the personal injury context, Amazon has strong institutional reasons to settle cases before they produce public verdicts, public discovery records, and precedents that undercut the contractor structure it depends on. A case that goes to trial and produces a large verdict against Amazon — or a discovery record that reveals how tightly Amazon controls DSP drivers — is worth far more to Amazon in litigation costs and reputational damage than the individual settlement payment. Amazon’s legal team knows this calculus precisely.

But Amazon also settles fast only when it believes the other side knows what it is doing. A lawyer who deals only with the DSP’s insurer, never demands Amazon’s own commercial policy, never asserts ostensible agency or the right-to-control argument, and never develops the telematics data into a negligent supervision claim is not a threat. Amazon’s adjuster and defense counsel can recognize a settlement-volume firm within the first thirty days of a claim. Those firms settle cheap.

The levers that produce fast, adequate settlements from Amazon are the same things that make Amazon uncomfortable at trial: the ostensible agency argument based on uniform and branding, the right-to-control argument built from telematics data and the DSP agreement, the demand for Amazon’s own $1 million commercial policy alongside the DSP’s policy, and the threat of a public verdict that documents Amazon’s control over its drivers. When Amazon’s defense team believes a case is being built by a lawyer willing to take it to trial, the settlement dynamic changes.

The converse is also true. Amazon’s adjusters have watched thousands of these cases. They know which firms file suit and try cases, and which firms settle everything. Hiring a firm without trial capability in Amazon delivery cases is the single decision most likely to result in a settlement that leaves the majority of available compensation uncollected.

The Insurance Coverage That Actually Applies

Getting the right answer on coverage requires obtaining the actual policy documents — not just the declarations page and not just what an adjuster tells you over the phone. Here is the layered coverage structure in most Amazon delivery crashes:

DSP Driver in an Amazon Van (Most Common Scenario)

The DSP’s commercial auto policy is the first layer. DSPs are required to maintain commercial auto insurance as a condition of operating in the Amazon network, typically with limits of $1 million per occurrence. That policy covers the van and the driver while the driver is operating within the scope of employment for the DSP.

Amazon’s own commercial auto policy is the second layer. Amazon maintains a separate commercial auto liability policy covering DSP drivers operating Amazon-branded vans during deliveries. Whether Amazon’s policy is excess to the DSP’s policy or can be triggered alongside it depends on the “other insurance” clauses in each policy and the specific facts of the crash. Demanding both policies and having a lawyer analyze how they interact is not optional — it is the difference between a partial recovery and a full one.

Amazon Flex Driver in a Personal Vehicle

The Flex driver’s personal auto policy applies when the driver is not on an active delivery block. Most personal auto policies contain commercial use exclusions that apply once the driver is actively delivering packages. Amazon’s commercial liability coverage for Flex drivers applies during active delivery blocks. The coverage fight is over which period controlled at the moment of the crash — a question answered by Amazon’s app data, GPS records, and delivery timestamps.

Amazon-Contracted Commercial Carrier

The carrier’s commercial auto policy applies. If the carrier operates under a USDOT number, the MCS-90 endorsement prevents exclusion-based denials up to minimum federal financial responsibility limits. Amazon may also carry contingent cargo or contingent auto liability coverage for carriers in its network. Identifying every policy requires formal discovery.

Evidence That Disappears Within Days

Amazon telematics and Mentor data: Amazon’s vans are equipped with forward-facing cameras and internal cameras that record continuously. Amazon’s Mentor system captures speed, braking, and acceleration data for every second of the route. This data is the most powerful evidence in these cases — it can show exactly how fast the driver was going at the moment of impact, whether a hard braking event occurred, and whether the driver had a documented safety history. Amazon retains this data on its own servers. It will not be voluntarily produced. A preservation demand must go to Amazon’s legal department, not just the DSP, within the first days after hiring a lawyer. Amazon has been known to produce this data in litigation, and when it shows a driver with a documented safety record of dangerous behavior before the crash, it can dramatically change the value of the case.

DSP agreement and performance records: The contract between Amazon and the DSP is a key document for the right-to-control argument. It is not publicly available. Obtaining it requires either a demand letter or formal discovery. The performance records Amazon maintained on the DSP — compliance scores, driver scores, prior complaints — are equally critical and equally unavailable without a fight.

Van dashcam footage: Amazon vans are equipped with forward-facing and interior cameras. Footage from the cameras is uploaded to Amazon’s systems. After a crash, that footage can disappear quickly if a preservation demand does not go to the right place. Sending a demand to the DSP alone is insufficient — Amazon holds the data, and Amazon is the entity that must be required to preserve it.

Delivery timestamps and app data: Amazon’s delivery management system records every stop, every attempted delivery, and every GPS coordinate during the route. This data establishes what the driver was doing in the moments before the crash — whether they were running behind schedule, whether they had just departed a prior stop, and whether Amazon’s routing system had directed them to that location. Schedule pressure in Amazon’s delivery network is well-documented and directly relevant to a negligence claim.

Driver’s background check and qualification records: Amazon requires DSPs to use Amazon’s approved background check vendor. The records of that check, and what the check did or did not reveal, are relevant to a negligent hiring claim. These records are inside Amazon’s vendor system and require a formal demand or discovery to obtain.

Scene surveillance footage: Traffic cameras, business cameras, and residential cameras in the area of the crash may have captured the impact or the driver’s behavior immediately before it. Most commercial systems overwrite within 24 to 72 hours. An investigator needs to be dispatched within the first day or two.

Texas Law: What Governs Your Claim

Your claim is a Texas negligence case. Every driver on Texas roads owes everyone else a duty of ordinary care — to pay attention, follow traffic laws, and operate their vehicle safely. When a driver violates a Texas traffic safety statute in a way that causes exactly the kind of injury the statute was designed to prevent, that violation is evidence of negligence and may support a negligence per se theory.

Texas uses proportionate responsibility under Chapter 33 of the Texas Civil Practice and Remedies Code. You can recover as long as you are not more than 50% at fault. If a jury finds you 51% or more at fault, you recover nothing. Each percentage of fault assigned to you reduces your recovery dollar-for-dollar, which is why Amazon’s defense lawyers work hard in discovery to develop any evidence that you contributed to the crash.

Texas’s statute of limitations for personal injury claims is two years from the date of the crash under Section 16.003 of the Texas Civil Practice and Remedies Code. Missing that deadline almost always bars the claim entirely. Against Amazon and its related entities, that deadline is absolute. The two-year clock also affects the availability of evidence: the further from the crash date, the more data has been overwritten, deleted, or lost.

For DSP drivers and Amazon-contracted carriers operating as commercial motor carriers, the additional layer of FMCSA regulations creates duties above and beyond ordinary Texas negligence law. Violations of FMCSA hours-of-service rules, vehicle inspection requirements, or driver qualification standards are independent bases for liability on top of ordinary negligence.

Mistakes That Kill Amazon Delivery Cases

Dealing only with the DSP and its insurer. The DSP’s insurer will handle the claim as if it is a standard auto case between two private parties. That insurer has no obligation to tell you about Amazon’s separate commercial policy, and it will not. The DSP’s policy alone may produce a settlement that looks reasonable until you understand how much coverage was actually available.

Giving a recorded statement before speaking with a lawyer. Amazon’s claims team and the DSP’s insurer are experienced at taking statements that minimize liability and undercut injury claims. You are not required to give a recorded statement to any adverse insurer. Anything you say will be used to manage your claim downward.

Not demanding Amazon’s telematics data immediately. The Mentor data and dashcam footage from Amazon’s van systems are time-sensitive. Amazon’s data retention policies are not aligned with your litigation interests. Every day that passes without a formal preservation demand is a day that data may be lost. The preservation demand must go to Amazon directly — not just to the DSP.

Assuming the contractor defense ends the analysis. The “independent contractor” label is Amazon’s starting position, not the legal conclusion. It is a fact question, not an automatic outcome. Accepting it without investigation and discovery means leaving the right-to-control argument, the ostensible agency argument, the negligent hiring argument, and Amazon’s own commercial policy entirely unexplored.

Settling before understanding the full scope of injuries. Amazon’s adjusters are motivated to close files quickly, especially when they believe the claimant does not have sophisticated legal counsel. A fast settlement offer in the first weeks after a crash is almost always low relative to what the case will be worth once the full extent of injuries is understood. Once you sign a release, there is no going back — not even if your injuries require surgery six months later.

Posting on social media. Amazon’s defense team will monitor your social media throughout the case. A single photograph posted after the crash that suggests you are physically active or uninjured will appear in deposition. Lock every account on every platform immediately.

What an Experienced Lawyer Does Differently in Amazon Cases

First 48 Hours

• Send a formal litigation hold and spoliation letter directly to Amazon Logistics, Inc. and Amazon.com, Inc. — not just to the DSP — covering Mentor data, telematics records, dashcam footage, driver history, DSP performance records, and all internal communications about the crash.
• Send a separate spoliation letter to the DSP covering the same categories plus driver employment records and the DSP’s own insurance policy.
• Dispatch an investigator to identify and preserve scene surveillance footage before overwrite cycles run.
• Pull the driver’s public records: Texas driver’s license status, traffic violation history, and any relevant criminal history.

First Two Weeks

• Demand the DSP’s complete commercial auto policy and all endorsements — not just the declarations page.
• Demand Amazon’s commercial auto policy separately, identifying Amazon Logistics, Inc. as the policyholder and the DSP van as a covered vehicle.
• Identify whether any Amazon-contracted carrier involved holds a USDOT number and whether the MCS-90 endorsement applies.
• Obtain the police report and evaluate whether the officer correctly identified the driver’s employer and the Amazon program involved.
• Begin building the medical documentation chain from the day of the crash, linking injuries to the incident with the specificity needed to counter a pre-existing condition defense.
• Analyze the “other insurance” clauses in both the DSP’s policy and Amazon’s policy to determine how they interact and which is primary.

Before Filing Suit

• Obtain and analyze the DSP agreement through a records demand or early discovery — this is the document that most directly supports the right-to-control argument.
• Review Amazon’s Mentor data and telematics records for evidence of the driver’s behavior before the crash and for any documented prior safety violations.
• Evaluate whether the driver’s background check records support a negligent hiring or negligent retention claim against Amazon and the DSP.
• Retain an accident reconstruction expert if liability will be contested.
• Calculate full damages: past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and exemplary damages under Chapter 41 of the Texas Civil Practice and Remedies Code if the facts support gross negligence.
• File suit before settling if necessary to obtain Amazon’s internal records through formal discovery. Amazon settles differently once a prepared trial firm has an active case on file and deposition notices in the mail.

What to Do Right Now

• Get medical care immediately. Document every symptom, every visit, and every provider.
• Write down everything you remember: the driver’s name, the company on the van, the van’s markings and logo, the vehicle description and license plate, the time of day, what the driver said at the scene, and whether the driver mentioned Amazon or a delivery company.
• Photograph both vehicles, your injuries, the crash scene, and any Amazon branding visible on the van, uniform, or delivery equipment.
• Note the van’s USDOT number if visible on the side of the vehicle.
• Do not give a recorded statement to any insurance adjuster or claims representative — from the DSP’s insurer, Amazon’s insurer, or your own insurer — before speaking with a lawyer.
• Do not sign any document an insurer sends you, including medical authorizations or releases.
• Do not post about the crash, your injuries, or your activities on social media.
• Contact a Texas personal injury lawyer who has handled Amazon delivery cases. The evidence in these cases — particularly Amazon’s telematics data — disappears fast, and the window to preserve it is narrow.

How Varghese Summersett Handles These Cases

At Varghese Summersett, we handle personal injury cases as trial lawyers, not as settlement processors. When you are hit by an Amazon delivery vehicle, we begin by identifying every defendant and every available insurance policy — including Amazon’s own commercial auto policy, which most lawyers never demand. Spoliation letters go to Amazon Logistics, Inc. directly, not just to the DSP, within the first couple of days after you hire us. We demand the full DSP agreement and analyze it for the right-to-control argument that underpins the vicarious liability case against Amazon itself. We obtain Amazon’s Mentor telematics data and dashcam footage through formal litigation holds and, if necessary, emergency discovery motions. We evaluate every federal motor carrier regulation that may apply and identify whether the MCS-90 endorsement creates a direct right of action against an insurer that might otherwise deny the claim.

Amazon’s defense team knows the difference between a settlement-volume firm and a trial firm. That distinction determines the settlement Amazon offers. Firms that never file suit, never depose Amazon’s corporate representative, and never demand Amazon’s internal records receive offers calibrated to what they know — which is less than the full picture. We build these cases the way they need to be built if they go to trial, which means Amazon negotiates knowing we will try the case if the offer is inadequate.

We have offices in Fort Worth, Dallas, Southlake, and Houston. Personal injury cases are handled on a contingency fee basis — you pay nothing unless we recover for you. The consultation is free.

If you or a family member was hit by an Amazon delivery van, truck, or Flex driver in Texas, contact us today. The evidence in these cases starts disappearing within hours of the crash, and so does your leverage. Call 817-203-2220 to schedule your free consultation with an experienced Texas personal injury attorney today.

You were driving to work, crossing a parking lot, or riding your bike when a driver with a delivery bag in the passenger seat ran a red light, blew through a stop sign, or rear-ended you at full speed. Now you have medical bills, a totaled car, and an insurance adjuster from a company you have never heard of calling your phone. This article explains exactly who is liable when you are hit by a DoorDash, Uber Eats, or Grubhub driver, which insurance policies cover your injuries, and why these cases are more complicated than a standard two-car accident.

Who You Can Sue: The Corporate Structure Behind the Driver

The driver who hit you is one defendant. The corporate structure behind that driver determines how much money is actually available.

DoorDash

DoorDash, Inc. is a publicly traded corporation (NYSE: DASH) that operates the DoorDash and Caviar platforms. Every driver, called a “Dasher,” is classified as an independent contractor under the company’s terms of service. DoorDash defends that classification aggressively. But the contractor label does not automatically shield the company from liability. Under Texas law, the analysis turns on the degree of control DoorDash actually exercises over how Dashers perform their work, and the answer is more contested than the company’s contracts suggest.

Uber Eats

Uber Eats is a delivery platform operated by Uber Technologies, Inc., the same parent company that runs Uber rideshare. A single driver may toggle between rideshare and food delivery using one app. As with DoorDash, drivers are classified as independent contractors. Texas courts have generally upheld that classification for vicarious liability purposes. That does not close the door on suing Uber directly.

Grubhub

Grubhub Inc. became a subsidiary of the Dutch-listed company Just Eat Takeaway.com after being acquired in 2021. In November 2024, Wonder Group Inc. (doing business as Wonder) agreed to acquire Grubhub from Just Eat Takeaway; that transaction closed in early 2025. Grubhub drivers are also classified as independent contractors.

The Driver Personally

The individual driver is always a defendant. You can sue the driver directly for negligence regardless of what insurance applies.

When the Platform Itself Is Liable

Texas recognizes three theories for holding the platform directly liable.

First, negligent hiring and negligent retention. If DoorDash, Uber Eats, or Grubhub activated a driver whose background check should have revealed disqualifying information, the company is liable for that failure independently of whether the driver was an employee. These platforms run background checks. When those checks miss something, or when the company ignores a red flag, that failure is a direct cause of action against the company itself.

Second, the right-to-control test. Texas courts examine whether the hiring party controls not just the result of the work, but the manner and means of performing it. Delivery platforms exercise algorithmic control over drivers through real-time GPS tracking, route suggestions, and performance scoring. Whether that control is sufficient to undercut the contractor defense is a fact question that experienced lawyers probe in discovery.

Third, negligent entrustment applies where the company knowingly allowed a driver with a documented dangerous driving history to remain active on the platform after prior complaints or incidents.

The Insurance Coverage That Actually Applies

This is the most contested area in cases involving gig drivers — independent contractors who use their own vehicles to deliver food, groceries, or packages for app-based platforms. It is also where injured people are most likely to get hurt twice: once in the crash, and again when two insurance companies each insist the other one is responsible. Understanding how these overlapping insurance policies work — and where coverage gaps are intentionally built into the system — is critical. Just as important: never speak with an insurance adjuster before consulting an attorney who can protect your rights and prevent the insurance companies from using your words against you.

The Personal Policy Problem

When you are hit by a DoorDash, Uber Eats, or other app-based delivery driver, you might assume their regular car insurance will pay for your injuries and damage. In reality, most Texas personal auto policies have loopholes that let the insurance company argue, “We don’t have to cover this because the driver was working for an app.” The exact wording is different from company to company, but the basic idea is the same: if the car is being used to deliver food or other items for money, the insurer may claim it doesn’t have to pay.

Insurance companies often do not decide this up front. After a crash, they dig into what the driver was doing, pull phone and app records, and ask questions about delivery work. If they discover the driver was logged into a delivery app and never told them about that work when they bought the policy, the insurer may try to deny the claim for two reasons at once: “The policy doesn’t cover delivery work,” and “The driver lied or left this out when they applied for insurance, so the policy isn’t valid for this crash.”

Texas law does not let an insurance company cancel a policy over every little mistake. They are supposed to prove that what the driver left out or misstated really mattered to their decision to insure them and that the company relied on that information. But in the real world, insurance companies still make this argument often, and they don’t handle it the same way in every case. The bottom line for you, as the person who got hit, is that you cannot safely assume the driver’s regular car insurance will be there when you need it.

On top of that, many newer Texas policies now have a special “rideshare” or delivery-driver exclusion added by endorsement. This is an extra piece of language the company adds to the policy that says there is no coverage any time the car is being used for an app like Uber, Lyft, DoorDash, or similar services, unless the driver bought special coverage for that. If that endorsement is attached to the policy, it makes it even easier for the insurance company to say, “We don’t cover this crash because the driver was working for an app at the time.”

The Delivery Coverage Periods and What Each Actually Means

The platforms divide coverage into periods based on app activity. The legal and practical significance of each period is different for DoorDash, Uber Eats, and Grubhub, but the general structure looks like this across all three platforms:

DoorDash Coverage in a Nutshell

DoorDash has a $1,000,000 liability policy that can help you if a Dasher hits you, but it only applies when the driver is on an active delivery — they have accepted an order and are driving to the restaurant or the customer. In that active-delivery window, DoorDash’s policy is supposed to pay for injuries and damage the Dasher causes to other people, not the Dasher’s own car or medical bills.

When the app is just on and the driver is waiting for an order, coverage is much murkier. The driver’s personal insurance may try to deny the claim because they were working, and DoorDash may say its policy does not apply because there was no active delivery. That is where your own uninsured/underinsured motorist coverage can become critical to fill any gap.

Uber Eats Coverage in a Nutshell

Uber generally follows the same three-period structure it uses for rideshare trips.

Period 1 — App on, waiting for a delivery: The driver is logged into Uber but has not yet accepted an order. Uber typically offers limited, contingent liability coverage in this window — historically in the neighborhood of $50,000 per person / $100,000 per crash / $25,000 property damage, though the exact numbers can change and may not be identical for delivery in every state. This is a weaker, more disputed coverage period, and Uber treats it as secondary to the driver’s own policy.

Periods 2 and 3 — Order accepted and being delivered: Once the driver accepts a delivery and is on the way to the restaurant or to the customer, Uber’s commercial policy can provide up to $1,000,000 in third-party liability coverage if the driver is at fault. This active-delivery window is usually the strongest path to the Uber policy.

The “contingent” problem in Period 1: Uber describes its waiting-period coverage as contingent on the driver’s personal insurance. In practice, that means Uber often insists the personal insurer must go first and may only step in if the personal policy clearly does not apply to this kind of loss. The legal fight is over whether a personal insurer’s denial based on a delivery exclusion triggers Uber’s coverage, or whether Uber can argue that because the personal policy should have applied, its contingent coverage never turns on. That is where you can end up in a coverage tug-of-war — and where your own UM/UIM coverage becomes crucial.

Grubhub Coverage in Detail

Grubhub also uses an “app status” structure, but its insurance details are less visible to the public than Uber’s, and they can change over time. In general, the strongest chance of getting to a Grubhub policy is when the driver is on an active delivery — they have accepted an order and are driving to the restaurant or to the customer. In that window, Grubhub typically carries a commercial liability policy meant to protect people the driver injures, up to a high limit often comparable to other major apps, but the exact amount and terms depend on the current policy and the state.

When the app is just on and the driver is waiting for an order, coverage is much less clear. The driver’s personal insurer may try to deny the claim because the car was being used for delivery work, and Grubhub may say its own policy does not apply because there was no active delivery at the time of the crash. That combination can leave you in a coverage gray area where your own uninsured/underinsured motorist coverage and any PIP or MedPay you carry are critical safety nets.

Piercing the Personal Use Defense: How to Reach the Platform’s Coverage

When a personal insurer denies and a platform argues its contingent coverage does not trigger because the personal policy should have applied first, you are facing what practitioners call the “coverage sandwich.” The personal insurer denies upward; the platform insurer denies downward; and you are left in the middle. Here is how an experienced lawyer attacks each layer.

Attack the Personal Policy Exclusion on Its Own Language

Under Texas law, an insurance company has to write exclusions in clear, unambiguous language if it wants to rely on them. If a court thinks the wording is reasonably open to more than one meaning, it usually interprets the exclusion against the insurer and in favor of coverage. That means the “no coverage because they were delivering food” clause is not automatically as iron-clad as the insurance company says.

Most personal auto policies use language like “no coverage while the car is used to carry persons or property for a fee.” Food delivery obviously involves carrying property for money, but there is still an argument about when that use actually starts. When the app is just on and the driver is waiting for an order (Period 1), you can argue the car is being used for regular personal driving to a convenient location, not to actually haul food yet. Texas courts have not laid down a single bright-line rule for gig delivery in every situation, so there is room to contest how and when that exclusion applies.

If the “no delivery” or “no business use” language was added later by endorsement instead of being in the original policy, your lawyer should also look at how it was added. Texas law expects insurers to clearly notify policyholders when they narrow coverage; failure to give proper notice of an endorsement can be a basis to challenge it, depending on the facts and the specific statutes or regulations in play.

Finally, the exact wording of any “rideshare,” “TNC,” or “delivery” exclusion matters. Some endorsements are written to exclude rideshare trips with companies like Uber or Lyft, but they may not clearly mention food-only delivery, or they may use “transportation network company” in a way that does not obviously fit how a given food delivery app is regulated. Small wording differences can make a big difference in whether the insurer can legally refuse to pay, which is why your lawyer will want the full policy, all endorsements, and the denial letter — not just the declarations page.

Argue That the Platform’s Coverage Is Primary, Not Contingent

When a delivery driver is on an active order — they have accepted it and are on the way to the restaurant or the customer — the big apps describe their coverage as commercial auto liability for that trip, not just a small contingent add-on. If the driver’s personal policy does not apply because it has a clear exclusion for delivery or commercial use, then there is no personal coverage in that lane for this crash. In that situation, the app’s commercial policy should act as the first line of coverage for the person who was hit, not sit in the background waiting for a personal policy that does not apply.

Put differently, a personal policy that is excluded for this kind of driving is very different from a personal policy that applies and has simply used up its limits. A denial based on a delivery or “for-hire” exclusion means the personal policy is out of the picture for this loss, so the app’s commercial policy is the only liability policy left that was written for this type of trip.

To make this argument, your lawyer has to look at the actual commercial policy wording — not just what the company says on its website. The key part is the “other insurance” clause, which explains how the app’s policy interacts with any other available coverage. If that clause says the app’s coverage is “excess over any other applicable insurance,” and the personal policy is not applicable at all because of a delivery exclusion, then there is nothing for the app’s coverage to sit on top of — so in practical terms, the platform’s policy becomes the one that should respond.

Use the Personal Insurer’s Denial as a Sword, Not a Shield

If you get a written denial letter from the driver’s personal auto insurance company saying “no coverage because they were doing delivery work,” that letter can actually help your claim against the app’s insurance. The app and its insurer should not be allowed to say, on the one hand, that the driver was just using a personal car like anyone else, and on the other hand that the driver’s personal insurance “should have” paid. If the driver was doing paid delivery at the time of the crash, and the personal insurer says that kind of driving is excluded, that supports the argument that the platform’s commercial coverage for delivery trips should step in.

Your lawyer can send a demand to the app’s insurance company with a copy of the personal insurer’s denial letter attached. The demand can spell out that the denial confirms the personal policy does not apply to this crash, so the app’s policy is the one that should respond as the main — or only — liability coverage. Texas has deadlines and unfair-claims-practice rules designed to discourage insurance companies from ignoring or slow-walking valid claims, and your lawyer can use those tools to push for a clear written answer instead of endless finger-pointing.

The Step-Down Provision Fight

Some commercial delivery insurance policies have what is called a step-down provision. That is fine print that says: if the driver’s own personal auto policy does not apply or does not exist, the commercial policy’s limits drop down to the bare Texas minimum required by law. In Texas, that minimum is 30/60/25 — at least $30,000 for one injured person, $60,000 total if several people are hurt, and $25,000 for property damage in a crash. If a step-down clause kicks in, a policy that looks like “$1 million in coverage” on paper can suddenly act like it is only a $30,000 policy for your injuries.

Courts in different states have reached mixed results on whether these step-down provisions are enforceable, and it can turn heavily on the exact wording and the state’s law. In Texas, whether a step-down clause that wipes out most of the commercial coverage is valid will depend on the specific language in that policy and how current Texas cases read similar clauses. One argument your lawyer can make is that if the company advertised or held out its commercial policy as “real” protection for crashes, but then uses a step-down to slash coverage right when the driver’s personal policy does not apply, that starts to look like illusory or misleading coverage.

If the Gap Is Real: UM/UIM as the Backstop

If the coverage gap persists after all of the above, your own uninsured/underinsured motorist (UM/UIM) coverage is the safety net. A driver whose personal insurer denies and whose platform coverage is limited by a step-down provision is effectively operating as an underinsured motorist. Your own UM/UIM coverage applies to those facts. Under the Texas Insurance Code, UM/UIM coverage must be offered to every auto policyholder, though it can be rejected in writing.

File the UM/UIM claim with your own carrier while simultaneously pursuing the platform’s coverage. Do not let your own insurer pressure you into settling the UM/UIM claim while the platform coverage dispute is unresolved. The two claims are not mutually exclusive in the early stages of a case. Your own insurer also has subrogation rights if it pays your claim and you later recover from the platform, so make sure your lawyer coordinates both tracks to avoid leaving money with your insurer rather than in your pocket.

The Bad Faith Angle

Texas law says insurance companies are not allowed to play games with valid claims. They are forbidden from using unfair or deceptive tactics like misrepresenting what the policy covers, ignoring important evidence, or denying or dragging out a claim when there is no reasonable basis to do so. Those rules live in the Texas Insurance Code and in Texas bad faith case law.

The exact legal remedies and penalties depend on who is bringing the claim and what kind of claim it is. Texas gives the policyholder stronger tools than it gives an injured third party making a liability claim against someone else’s policy. Chapter 541 allows a policyholder to seek actual damages, attorney’s fees, and potentially up to three times their damages if they can prove the insurer knowingly broke the rules, while Chapter 542’s prompt-payment penalties generally apply to first-party claims. If an app’s insurer or a driver’s insurer is clearly stonewalling or twisting the policy language, your lawyer can use Texas bad-faith and unfair-practice laws to put real pressure on them. Keep all letters, emails, and notes about phone calls so your lawyer has the paper trail to work with.

The bad faith angle is not a standalone strategy in most cases. It is leverage. An insurer that knows you are tracking its claim-handling conduct and documenting every delay and misrepresentation is an insurer that settles differently than one that believes you are just trying to close the file.

What This Means for the Evidence You Need Immediately

Every coverage argument above depends on proving which period the driver was in at the moment of the crash. The app data, GPS records, and order acceptance timestamps are not just useful evidence — they are the predicate for which coverage theory you are pursuing. Without them, you are arguing about tiers in the abstract. With them, you can prove exactly when the delivery started and whether the commercial policy was fully engaged. Get the preservation letter out before anything else.

Texas Law and Liability

These cases are Texas negligence cases. Every driver in Texas owes everyone else on the road a duty to use ordinary care — things like paying attention, following the speed limit, and obeying traffic signals. When a driver breaks a Texas traffic safety law that is meant to protect people from exactly the kind of harm that happened, that violation can be strong evidence of negligence and may support a negligence per se theory under Texas law.

Texas uses a proportionate responsibility system under Chapter 33 of the Texas Civil Practice and Remedies Code. You can still recover money as long as you are not more than 50% at fault for the crash. If a jury decides you are 51% or more to blame, you get nothing — which is why insurance companies and defense lawyers work hard to push your percentage of fault as high as they can. Any money you do recover is reduced by your percentage of fault. A $100,000 verdict becomes $70,000 if you are found 30% at fault.

For timing, Texas has a two-year statute of limitations for most personal injury claims, including car and delivery-driver crashes, under Section 16.003 of the Texas Civil Practice and Remedies Code. If you miss it, your claim is usually barred completely, no matter how strong the facts might have been — which is why talking to a lawyer early is so important.

Texas also regulates transportation network and delivery network companies together in Chapter 2402 of the Texas Occupations Code. That chapter and related Insurance Code provisions, including Chapter 1954, set certain insurance requirements for app-based rideshare trips, and recent amendments extend the regulatory framework to “delivery network companies” such as food-only platforms. However, Texas does not require those apps to fill every coverage gap that can exist between a driver’s personal policy and the platform’s commercial policy.

Evidence That Disappears Fast

App and GPS data: DoorDash, Uber Eats, and Grubhub maintain timestamped records of every delivery: when the order was accepted, the driver’s GPS coordinates at every point, speed during the trip, and when delivery was completed or cancelled. This data determines which coverage period applies and therefore which coverage argument you are making.

Dashcam footage: Many delivery drivers have dashcams. Footage can show traffic signals, the driver’s speed, phone use, and the exact dynamics of the crash. Once the driver learns of a claim, footage is at risk of deletion. Preservation demands must go out within days.

Restaurant and business surveillance footage: The restaurant where the order was picked up, nearby businesses, and traffic cameras may have captured the crash or the driver’s behavior immediately before impact. Most commercial systems overwrite footage within 24 to 72 hours. This is a first-48-hours task.

The driver’s platform history: Prior deactivations, safety complaints, and incident records are relevant to a negligent hiring claim. This information is inside the platform’s database and requires formal discovery to obtain.

Phone records: If distracted driving was a factor, the driver’s cell records showing calls, texts, or app use at the time of the crash are obtainable through a subpoena. Carriers do not keep these indefinitely.

A spoliation letter is a formal written demand sent to the platform, its insurer, and the driver requiring preservation of all evidence related to the crash. Once a party receives a spoliation letter and intentionally destroys evidence anyway, Texas courts can instruct a jury to infer that the destroyed evidence was unfavorable to the party that destroyed it. Sending that letter within the first day or two after hiring a lawyer is one of the first actions a competent lawyer takes in these cases.

What an Experienced Lawyer Does Differently

First 48 Hours

• Send spoliation letters to the platform’s registered agent, the platform’s insurer, and the driver personally, covering GPS records, app logs, dashcam footage, background check records, and driver platform history.
• Send a preservation demand to the restaurant where the order originated, requesting security footage and order timestamps.
• Dispatch an investigator to identify and secure nearby surveillance camera footage before overwrite cycles run.
• Pull the driver’s public records: license status, traffic violation history, and criminal history relevant to the background check the platform ran.

First Two Weeks

• Issue a formal records demand to the platform for the driver’s complete trip history, background check documentation, performance record, prior complaints, and any deactivation history.
• Obtain the police report and evaluate whether the officer correctly identified the driver’s app status and delivery platform.
• Identify and document every applicable insurance policy: the platform’s commercial policy (obtaining the full policy, not just the declarations page), the driver’s personal auto policy and any TNC endorsements, your own UM/UIM coverage, and any med pay or PIP.
• Send a coverage demand to the platform’s commercial carrier accompanied by any personal insurer denial, framing the platform’s policy as the first-responding coverage.
• Begin building the medical documentation that links your specific injuries to the crash, starting with emergency records from the day of the incident.

Before Filing Suit

• Investigate the driver’s platform history for a negligent hiring claim, including any prior incidents that screening missed or ignored.
• Retain an accident reconstruction expert if liability is expected to be disputed.
• Analyze the contractor agreement and how the app actually directed driver behavior as the basis for a right-to-control argument.
• Review the platform’s commercial policy for step-down provisions and “other insurance” clauses and prepare to challenge any step-down that would reduce coverage below the stated limit.
• Calculate full damages: past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and, where the facts support it, exemplary damages for gross negligence under Chapter 41 of the Texas Civil Practice and Remedies Code.
• File suit before settling if necessary to obtain the platform’s internal records through formal discovery. Platforms settle differently when a prepared trial firm is on the other side.

Every Source of Recovery: The Full Picture

A lawyer who only pursues the driver leaves most of the available money on the table. Here is the full picture, roughly in order of expected recovery value.

The platform’s commercial auto policy. For active deliveries, the commercial liability policy is almost always the largest available source. Getting it to pay as primary coverage — not contingent coverage — is the first coverage fight. Defeating any step-down provision is the second.

Direct negligence claims against the platform. If the driver’s background had disqualifying information the platform missed or ignored, you have a claim against the company’s assets independent of its insurance policy. Direct negligence claims against well-capitalized public companies are where the largest recoveries often originate.

The driver personally. Most delivery drivers have limited personal assets, but the driver is always named as a defendant.

The driver’s personal auto policy. Most personal policies exclude commercial use, but that exclusion is contested on a case-by-case basis. If the exclusion language is ambiguous or an endorsement was improperly noticed, the personal policy remains available.

Your own UM/UIM coverage. If any gap in platform or driver coverage persists, your own policy is the backstop. Coordinate carefully to protect subrogation rights and maximize net recovery.

What the Defense Will Argue, and How to Beat It

“The driver was an independent contractor, so we are not responsible.” The response has two parts: first, negligent hiring and retention claims do not require an employment relationship; second, whether right-to-control actually supports contractor status is a fact question, not an automatic conclusion from a contractor agreement. Discovery into how the app directs driver behavior is where this argument gets contested.

“The driver had no active delivery at the time of the crash.” The platforms keep timestamped records. If the driver had an active order, those records prove it. If records are missing after a preservation letter was sent, the spoliation inference becomes a litigation tool. If the driver truly was between orders, the coverage fight shifts to Period 1 coverage and your UM/UIM carrier.

“Our coverage is contingent, and the personal policy should have responded first.” This is the coverage sandwich argument. The response is the personal insurer’s own denial letter, the “other insurance” clause in the platform’s commercial policy, and the argument that a wholly excluded personal policy leaves the platform’s commercial policy as the only first-layer coverage available.

“Your injuries are pre-existing.” Defense lawyers will review your entire prior medical history looking for prior treatment to the same body parts. A detailed medical narrative starting with same-day treatment, documenting new injuries and the aggravation of any prior conditions, is the answer. Consistent treatment strengthens this narrative. Gaps undercut it.

“You were comparatively at fault.” Under Chapter 33 of the Texas Civil Practice and Remedies Code, every percentage point of fault assigned to you reduces the recovery. Surveillance footage, witness statements, and accident reconstruction testimony that establish what actually happened are the most effective counters.

Mistakes That Damage Your Case in the First Week

Giving a recorded statement to any insurance adjuster before speaking with a lawyer. The adjuster calling you works for the platform or the driver. You are not required to give a recorded statement to an adverse insurer. Anything you say will be used to minimize your claim.

Posting on social media. Defense lawyers and adjusters monitor social media actively in these cases. Any photo or post that suggests you are less injured than claimed will appear in deposition. Lock your accounts.

Delaying medical treatment. A gap between the crash and your first medical visit is used to argue you were not actually hurt, or that something else caused the problem. Get evaluated immediately.

Signing a broad medical authorization. The platform’s insurer may send a medical release before you hire a lawyer. A broad authorization gives them access to your entire medical history, which they will use to argue pre-existing conditions. Do not sign anything without a lawyer reviewing it.

Accepting the first settlement offer. Initial offers are calibrated to what the adjuster thinks you know, not what the case is worth. Once you sign a release, you cannot go back even if your injuries are worse than they appeared.

What to Do Right Now

• Get medical care immediately. Document every symptom, every visit, every provider.
• Write down everything you remember: the driver’s name, the delivery app logo on the vehicle or bag, vehicle description, license plate, time of day, and what the driver said at the scene.
• Photograph both vehicles, your injuries, the crash scene, and any delivery bags or app devices visible in the driver’s car.
• Do not give a recorded statement to any insurance company before speaking with a lawyer.
• Do not post about the crash or your activities on social media.
• Do not sign any document an insurance adjuster sends you, including medical authorizations or releases.
• Contact a Texas personal injury lawyer who has handled gig delivery cases. The clock on evidence preservation starts the moment the crash occurs.

How Varghese Summersett Handles These Cases

At Varghese Summersett, we handle personal injury cases as trial lawyers, not as settlement processors. When you are hit by a DoorDash, Uber Eats, or Grubhub driver, we begin by identifying every potential defendant and every available insurance policy. Spoliation letters go out within the first couple of days after you hire us. We obtain the actual platform commercial policy — not just the coverage disclosure page — and we review it for step-down provisions and other-insurance clauses before sending the first demand. We obtain the driver’s platform history and background check records through discovery and evaluate whether the platform’s hiring or retention conduct supports a direct negligence claim against the company. We calculate full damages across every category Texas law permits.

Settlement-volume firms that resolve cases without filing suit rarely obtain the platform’s internal records and rarely fight the coverage sandwich head-on. Those records are where negligent hiring cases are built, and the coverage fight is where the difference between a partial recovery and a full one is won or lost. Getting both requires a firm willing to take a case to trial if the offer is inadequate.

We have offices in Fort Worth, Dallas, Southlake, and Houston. Personal injury cases are handled on a contingency fee basis, meaning you pay nothing unless we recover for you. The consultation is free.

If you or a family member was injured by a delivery driver, contact us today. The evidence in these cases starts disappearing within hours of the crash, and so does your leverage. Call 817-203-2220 to schedule your free consultation with an experienced personal injury attorney today.

What Montgomery v. Caribe Transport Means for You

On May 14, 2026, the United States Supreme Court handed down a unanimous decision that changes the landscape for anyone injured in a commercial truck crash. In Montgomery v. Caribe Transport II, LLC, the Court ruled that freight brokers, the middlemen who arrange truck shipments, can be held legally responsible when they hire dangerous trucking companies that go on to cause crashes. If you or someone you love has been hurt in a truck wreck, this ruling matters. It may significantly expand who can be held accountable for your injuries, and it may open a path to compensation that did not exist before.

The Story Behind the Case

Shawn Montgomery was inside his tractor-trailer, pulled over on the side of an Illinois highway, when another truck veered off course and slammed into him. The driver, Yosniel Varela-Mojena, was hauling a load of plastic pots for a trucking company called Caribe Transport II. Mr. Montgomery’s injuries were catastrophic. His leg had to be amputated. He sustained other severe and permanent injuries. Here is the part that matters for this case. Caribe Transport did not find this load on its own. A freight broker called C.H. Robinson Worldwide, one of the largest brokers in the country, arranged it. And at the time the broker hired Caribe Transport, that trucking company had a “conditional” safety rating from federal regulators. That rating meant the company had been flagged for problems with driver qualifications, hours-of-service compliance, vehicle inspection and maintenance, and its crash rate. Mr. Montgomery sued the driver, the trucking company, and the broker. Against the broker, his claim was simple. You knew or should have known this trucking company was dangerous, and you hired them anyway. For years, brokers argued they could not be sued for this kind of claim because of a federal law that limits statea regulation of the trucking industry. The lower courts agreed with the broker. The Supreme Court reversed unanimously.

What Is a Freight Broker, and Why Should You Care?

Most people have never heard of a freight broker. Here is how it works. When a company needs to ship goods, say a manufacturer sending pallets from Texas to Illinois, they usually do not call a trucking company directly. Instead, they call a broker. The broker’s job is to find a trucking company willing to haul the load, negotiate the price, and coordinate pickup and delivery. The broker makes money on the spread between what the shipper pays and what the trucking company charges. Brokers are everywhere in the freight industry. There are roughly 28,000 of them in the United States, and they arrange about one-third of all freight that moves on American highways. That is hundreds of millions of loads every year. The catch is that brokers do not own the trucks. They do not employ the drivers. They are not the ones behind the wheel. So when a crash happens, brokers have long argued they have nothing to do with it. The Supreme Court just rejected that argument.

Listen: Analysis of Montgomery v. Caribe

What the Supreme Court Decided

The Court’s ruling was short, clear, and unanimous. Justice Amy Coney Barrett wrote the opinion. The question was whether a 1994 federal law called the Federal Aviation Administration Authorization Act, which limits state regulation of the trucking industry, blocks injured people from suing brokers for negligently hiring dangerous trucking companies. The Court said it does not. The law contains an exception that preserves the states’ authority to regulate safety “with respect to motor vehicles.” The Court held that a lawsuit alleging a broker negligently hired an unsafe trucker is a safety claim that concerns motor vehicles. So it survives. In other words, federal law does not give brokers a free pass when they put unsafe trucks on the road.

What This Means for People Injured in Truck Crashes

If you have been hurt in a commercial truck crash, here is why this decision matters.

Trucking insurance often is not enough

Federal law requires interstate trucking companies to carry a minimum amount of liability insurance, but those minimums have not kept up with the real cost of serious injuries. A single catastrophic truck crash can easily produce damages that far exceed the trucking company’s policy limits. When that happens, injured people are often left without a meaningful path to full compensation. They cannot pay for surgeries, lost income, lifelong care, or anything else, because the available insurance is simply too small.

Brokers usually have far deeper pockets

Major freight brokers are large, sophisticated, well-insured companies. C.H. Robinson, the broker in this case, is a multi-billion-dollar corporation. If a broker negligently hired the trucking company that hurt you, the broker may now be on the hook alongside the trucking company. That can make the difference between a partial recovery and full justice.

Federal safety data finally has teeth

Every interstate trucking company in America has a public safety record kept by the Federal Motor Carrier Safety Administration. That record includes crash history, inspection results, out-of-service rates, hours-of-service violations, and driver qualification issues. Before this ruling, brokers in many parts of the country could ignore that data without consequence. After Montgomery, brokers across the country have a real legal reason to look at it, and a real legal exposure if they ignore obvious red flags.

More accountability, fewer preventable crashes

Truck crashes are a leading cause of catastrophic injury and death in the United States. According to federal data cited in the case, there were about 500,000 reported truck crashes in 2022, leading to roughly 5,000 deaths and 114,000 injuries. Not every crash is preventable, but many are. Some trucking companies are known to be unsafe. Some drivers are known to be unfit. When brokers can be held responsible for putting those carriers on the road, they have a powerful incentive to choose better ones.

What This Decision Does Not Mean

It is important to be honest about the limits of this ruling. Brokers are not automatically liable. Just because a broker hired the trucker who hit you does not make the broker responsible. To win a claim against a broker, an injured person still has to prove the broker was unreasonable, meaning the broker knew or should have known the trucking company was dangerous and hired it anyway. Brokers who do their homework are protected. The Court was clear that brokers who carefully check the carriers they hire and choose reputable ones should win these cases. The decision is not about punishing every broker. It is about holding accountable the ones who ignore obvious warning signs. The connection between the broker’s choice and the crash still has to make sense. If a broker hired a trucker with a poor safety record, but the actual cause of the crash had nothing to do with the safety problems on that record, the legal connection might not hold. This is called proximate cause, and it is a critical part of every personal injury case. This is not a new type of lawsuit. Negligent hiring claims have existed in Texas and across the country for a long time. The Supreme Court just removed a federal-law barrier that was blocking these claims when they were brought against brokers.

What to Do If You Have Been Hurt in a Truck Crash

Truck crash cases are complex, fast-moving, and require specialized knowledge. Here is what you should do right away. Get medical care immediately. Your health comes first, and consistent medical documentation is the foundation of every injury claim. Do not talk to insurance adjusters before talking to a lawyer. Adjusters for the trucking company, the broker, or even your own insurance company are trained to get statements and information that can be used to reduce or deny your claim. Preserve evidence. If you can, take photos of the crash scene, the truck, the trailer, and any visible DOT numbers or company names. The DOT number on the side of the truck is the key that unlocks the federal safety database for that carrier. Try to find the shipping paperwork. The bill of lading often reveals the broker’s name. Without it, the broker’s involvement can be hidden. Act quickly. Texas gives you two years from the date of the crash to file a personal injury lawsuit. But critical evidence on commercial trucks, including black box data, electronic logs, dashcam video, and maintenance records, can be lost or overwritten in days or weeks. The sooner a lawyer can send preservation letters, the better. Hire a lawyer who handles trucking cases. Commercial truck litigation is a specialty. Federal regulations, hours-of-service rules, electronic logging requirements, broker-carrier contracts, and now broker liability all require focused experience. A car wreck attorney is not the same as a truck wreck attorney.

For Lawyers: A Deeper Look at What Montgomery Changes

For attorneys who handle commercial trucking cases, Montgomery is one of the most significant federal preemption decisions in the trucking space in a generation. Here is the practical breakdown.

The doctrinal mechanics

The Federal Aviation Administration Authorization Act, codified at 49 U.S.C. § 14501(c), preempts state laws “related to a price, route, or service” of a motor carrier or broker “with respect to the transportation of property.” But the statute contains a safety exception at § 14501(c)(2)(A) preserving “the safety regulatory authority of a State with respect to motor vehicles.” Justice Barrett’s opinion proceeds in three moves. First, common-law duties and standards of care are part of a state’s safety authority, a point everyone conceded, and one supported by Kurns v. Railroad Friction Products Corp., 565 U.S. 625 (2012). Second, “with respect to” carries its ordinary meaning of “concerning,” consistent with the Court’s prior construction of the same phrase in Dan’s City Used Cars, Inc. v. Pelkey, 569 U.S. 251 (2013). Third, the statute defines “motor vehicle” broadly at § 13102(16) to include trucks and trailers used in transportation. A negligent-hiring claim against a broker concerns the trucks that will move the goods. The claim survives. The Court assumed without deciding that § 14501(c)(1) would otherwise preempt the claim. The exception did the work.

The circuit split, resolved

The decision resolves a 2-2 split that had developed over several years. The Seventh Circuit in Ye v. GlobalTranz Enterprises, Inc., 74 F.4th 453 (2023), and the Eleventh Circuit in Aspen American Insurance Co. v. Landstar Ranger, 65 F.4th 1261 (2023), had held these claims preempted. The Sixth Circuit in Cox v. Total Quality Logistics, Inc., 142 F.4th 847 (2025), and the Ninth Circuit in Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (2020), had held the opposite. The Supreme Court adopted the Sixth and Ninth Circuit view. Ye and Aspen are abrogated. For Texas practitioners, the Fifth Circuit had not squarely addressed the issue. Montgomery now controls nationwide.

Justice Kavanaugh’s concurrence, read it carefully

Justice Kavanaugh, joined by Justice Alito, wrote a concurrence that openly characterizes this as “a close case.” He concedes that contextual considerations cut both ways. Two points cut in the brokers’ favor. The FAAAA’s mandatory insurance provision applies to carriers but not brokers. And the intrastate preemption provision at § 14501(b)(1) contains no safety exception, creating an awkward asymmetry where intrastate broker claims may be preempted while interstate ones are not. What ultimately tips the case is the structure of the statute. The FAAAA was enacted as an economic deregulation statute, not a safety deregulation statute. The Court would not read its “oblique language” to silently strip out a swath of state tort law affecting truck safety, especially given the absence of meaningful federal safety regulation of broker hiring practices. Most importantly, Justice Kavanaugh signals two limiting principles that will dominate post-Montgomery litigation. First, reasonableness. Brokers who properly vet carriers should be able to defeat these claims. He quotes plaintiff’s counsel approvingly. Brokers “just have to hire carriers that actually have a reasonable policy,” and a broker “is not going to have a problem if it’s asking the hard questions of the carrier.” Second, proximate cause. Ordinary tort doctrine should protect brokers from excessive liability where the negligent-hiring theory is too attenuated from the actual mechanism of the crash. Expect defense counsel to quote this concurrence heavily in summary judgment briefing.

What did not change

The opinion leaves several issues open. The scope of subsection (b) and Congress’s authority to preempt intrastate broker activity remains unaddressed. See footnote 4. The substantive negligent-hiring standard remains a question of state law. Other broker liability theories, including vicarious liability, agency, and joint enterprise, were not before the Court, though Montgomery‘s reasoning plainly supports them where they rest on motor vehicle safety duties. And the Court did not actually decide that § 14501(c)(1) preempts the claim in the first place. It assumed it for the sake of argument.

Practice implications for plaintiff’s lawyers

The fight has moved from preemption to the merits. Plead these claims with care. Pull the carrier’s federal safety record as of the date of hire. Look at SMS scores, BASIC alerts, conditional or unsatisfactory ratings, out-of-service rates, and crash data. Allege the broker’s actual or constructive knowledge of these data points. They are publicly available on the FMCSA website. Identify the specific deficiencies in the carrier’s record and connect them to the mechanism of the crash to support proximate cause. Discovery should target the broker’s carrier qualification policies, audit logs, internal scorecards, communications about the carrier in question, third-party vetting services used (Carrier411, RMIS, MyCarrierPackets, Highway, and similar), and the volume of business between the broker and the carrier. A broker doing significant volume with a carrier cannot credibly claim ignorance. Designate a transportation safety expert who can speak to industry standards for broker carrier-vetting. Anticipate a defense expert who will testify brokers cannot meaningfully evaluate operational safety and should not be in the safety business at all. Above all, be prepared for the proximate cause fight. Justice Kavanaugh’s concurrence is the defense roadmap. If the carrier’s safety record showed hours-of-service problems but the crash was caused by a mechanical failure, that gap will be exploited. Tighten the causal chain at the pleading stage.

Practice implications for defense lawyers

The preemption shield is gone. Defense strategy now centers on the substantive tort elements. Document the broker’s carrier qualification process meticulously. The Kavanaugh standard, “asking the hard questions,” is now the benchmark. Brokers who can show systematic vetting, periodic re-evaluation, and refusal to use carriers with disqualifying safety records will be in a strong position. Fight hard on proximate cause. Identify the specific safety deficiency alleged and the actual mechanism of the crash. Where there is no logical connection, push for summary judgment. Reevaluate insurance coverage. Many brokers’ contingent auto liability and errors and omissions policies were underwritten in an environment where preemption was the assumed defense. That assumption is gone. Coverage should be reassessed for adequacy. Review broker-carrier indemnity provisions. Most are robust on paper but worthless when the carrier’s primary insurance is exhausted and the carrier has no assets.

Texas-specific considerations

Texas common law has long recognized negligent hiring of independent contractors. Otis Engineering Corp. v. Clark, 668 S.W.2d 307 (Tex. 1983), and its progeny have applied negligent-hiring principles in trucking contexts involving carriers and owner-operators. Texas adopts the Restatement (Second) of Torts § 411 framework cited by the Supreme Court in Montgomery. The path to broker liability under Texas law is straightforward. Expect aggressive removal practice from out-of-state broker defendants and transfer motions under § 1404(a). With Montgomery‘s nationwide effect, however, the forum-shopping incentive is reduced.

The Bottom Line

For people injured in commercial truck crashes, Montgomery v. Caribe Transport is a significant victory. It removes a federal-law barrier that had been blocking legitimate claims against brokers who hired dangerous carriers. It opens a path to meaningful compensation in cases where the trucking company’s insurance is not enough. And it puts financial pressure on brokers across the country to police the carriers they put on the road. For lawyers, the case shifts the battlefield. The dispositive motion on preemption is no longer available. The fight now plays out on the merits, including reasonableness, proximate cause, and the practical realities of how brokers select carriers. If you or a loved one has been seriously injured in a crash involving a commercial truck, contact our office for a free, confidential consultation. We will review the federal safety data on the carrier, identify whether a broker was involved, and tell you honestly what your options are under the law as it now stands.

The parents of an 18-year-old college student who was killed in a crash on a poorly constructed and maintained state highway have filed a wrongful death lawsuit against the Texas Department of Transportation.

The 14-page lawsuit, filed March 17 in the 146th District Court in Belton, seeks “fair and reasonable” compensation for the death of Romi Bomar — who died from injuries suffered in a wreck at a “recurring location for crashes.”

“At the time of the wreck, Ms. Bomar was driving to Temple College, where she was pursuing a degree in cardiac sonography,” said Attorney Damian Williams, a partner at the law firm of Varghese Summersett. “She was a young woman on the threshold of her adult life — full of promise, ambition, and purpose.

“This wasn’t just a tragic accident; it was preventable. Officials have long known that this stretch of road, particularly this curve, is hazardous, especially in wet conditions. Yet, they failed to address it. That failure has had devastating consequences. Sadly, Romi is not the first life lost there — and without change, she may not be the last. TxDOT must be held accountable for ignoring a known and deadly danger.”

At 10:30 a.m. on September 24, 2025, Bomar was driving east on State Highway 6 — between Owl Creek Road and Burgandy Lane in Bell and Coryell Counties — when her 2014 Jeep hydroplaned on the wet roadway while navigating a dangerous curve. She lost control of her vehicle and crossed into the westbound lane, where she collided head-on with a 2012 Ford F-350 pickup.

She later died from her injuries.

“In the year of Ms. Bomar’s fatal crash, at least a dozen motor vehicle crashes had already occurred along the same stretch of SH 36,” the lawsuit states. “Notably, months before Ms. Bomar’s death, another motorist was killed on the same stretch of highway after colliding head-on with a truck in wet road conditions.”

The lawsuit goes on to say that TxDOT Sgt. Bryan Washko publicly acknowledged to local media that it is “not uncommon” for crashes to occur in this area, especially when the roadway is wet.

The lawsuit accuses TxDOT of gross negligence, saying it was responsible for the ownership, maintenance, and control of the roadway surface, drainage, signage, and safety conditions on SH 36, including the dangerous stretch between Owl Creek Road and Bergandy Lane.

The suit says Ms. Bomar’s injuries were proximately caused by TxDOT’s “negligent, careless, and reckless disregard” of its duty. Specifically, the lawsuit lists the following acts and omissions by TxDOT:

1. Failing to properly maintain the roadway surface of SH 36 in a safe condition;
2. Failing to remediate or repair the danger at this stretch of SH 36 in a reasonable time;
3. Failure to give any warning to unsuspecting drivers of the unreasonably dangerous and unsafe condition;
4. Failing to take an action to eliminate or reduce the unreasonable risk of danger presented by the condition of the highway; and
5. Failing to reduce the posted speed limit or implement interim traffic control measures on the subject stretch of SH 36 during or in anticipation of wet weather conditions, despite actual knowledge of the recurring crash history at this location.

Williams said crashes at this section of SB 36 is a pattern that can no longer be ignored.

“TxDOT has the resources and a responsibility to make sure that our highways are safe for the people who rely on them every day,” Williams said.  “No parent should have to bury a child because of the government’s gross negligence. Romi’s parents want to make sure that meaningful change comes from this tragedy.”

Read Lawsuit Here