California woman accused FedEx driver of running over her dog and leaving without telling her: ‘They knew they hit my dog’

A California woman has accused a FedEx driver of running over her dog and driving away. Footage that seems to show the aftermath of the incident was posted online, with the woman also claiming that she called the company but did not receive an apology.

The clip, posted by “@bb.brookelyn23,” has been watched over 45 million times on TikTok and shows the FedEx truck pulling out of Brookelyn’s driveway and leaving the scene. A pixelated censor bar covers what Brookelyn alleges is her dog, and in the final moments of the video, Brookelyn’s reaction is caught as she finds her pet lying in the driveway.

In a video posted a few days later, Brookelyn alleged that the driver “knew they hit my dog.” She said that they “pulled into the driveway, hit my dog, killed her, backed up and left.” She also claimed that the driver told someone else what had happened and got the other person to deliver her package. Brookelyn said the other person told her that the driver “said what they did.”

FedEx liability

The delivery company has not yet made a public response to Brookelyn’s video, but Brookelyn has since claimed that the driver has been fired by FedEx, although this has not been verified.

It’s unclear how the company will respond, as such incidents are typically taken on a case-by-case basis. One incident from 2019 saw a Los Angeles man’s Yorkshire Terrier killed by a parcel allegedly thrown by a FedEx driver. At the time, the company said in a statement that it was investigating the incident.

The liability for the incident could fall entirely on the FedEx driver or the company as a whole, depending on whether the driver was an independent contractor, i.e., a FedEx Ground worker, or a direct employee, such as a FedEx Express employee. According to BigBenLawyers.com, when an employee of FedEx is involved in an accident, “the company is usually held liable,” as employers are typically responsible for their workers’ actions on the job.

However, with FedEx Ground workers, it’s different. Although the workers use company trucks, they are third-party contractors, meaning they could be held personally liable. However, some contracts allow drivers to argue that they are not responsible for accidents, for example, if FedEx is responsible for deciding the driver’s route, planning deliveries, or deciding how the driver operates.

According to Burtslaw.com, the individual driver could also be held as liable if their actions were considered to be negligent. This includes speeding, driving while distracted, driving while under the influence, and more.