FEDEX TRUCK ACCIDENT LAWYERSLast updated on: February 17, 2022
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FedEx and other delivery companies deliver millions of packages every week. However, FedEx drivers must take care to avoid accidents while delivering packages. The size and force of FedEx trucks, like other large trucks, can cause significant damage in a collision with a smaller passenger vehicle or pedestrian.
If you or a loved one has been injured in an accident that involved a FedEx vehicle, you should contact an experienced truck accident attorney from Zinda Law Group at (800) 863-5312 today for a free consultation. If we are not able to win your case, you will not owe us anything.
HOW MANY ACCIDENTS ARE CAUSED BY FEDEX TRUCKS?
There are nearly 53,000 delivery drivers employed by FedEx. Although there are many safety regulations in place for making deliveries, FedEx truck drivers are involved in hundreds of accidents each year. The Federal Motor Carrier Safety Administration (FMCSA) maintains records of vehicle accidents, records of commercial vehicle inspections, and records of any safety violations by commercial driving companies.
In recent years, the FMCSA has reported citations issued for hundreds of safety violations by FedEx, including inattentive driving, failing to yield right of way, driving over the speed limit, and texting while operating a vehicle. Any one of these behaviors could result in a vehicle accident. Indeed, FedEx trucks were involved in about 442 crashes during a two-year period from 2017-2019. The FMCSA also reported that FedEx violated federal laws that determine how many hours commercial drivers can operate before needing a break. A fatigued driver is a danger not only to themselves, but other drivers on the road. Other violations reported by the FMCSA involved failing to ensure proper maintenance of FedEx vehicles.
WHO IS LIABLE FOR A FEDEX TRUCK ACCIDENT?
Generally, the driver responsible for a vehicle accident is the most likely party to be held liable for the accident. If the FedEx driver caused your accident, you may be able to pursue a personal injury claim against the driver for any injuries that you suffered in the accident. Typically, your lawyer may need to prove that the driver was negligent in causing the accident by breaching a duty of care owed to you, such as the duty to avoid causing an accident with other drivers, and this negligent behavior caused your injuries.
Supervisors are responsible for enforcing rules and regulations. A supervisor may be deemed liable for an accident if he or she fails to properly supervise drivers and this lack of supervision leads to an accident. Supervisors should keep track of employees’ performance and take the necessary actions if an employee exhibits unsafe practices. For example, if a FedEx driver receives a DUI, speeding ticket, or any other traffic citation, his or her supervisor should respond accordingly such as by suspending the driver, recommending termination, or taking other necessary remedial steps. Additionally, if a driver is overworked or has exceeded the number of hours allotted for making deliveries before taking a mandatory rest period and continues to drive while fatigued, his or her supervisor may be held liable if they cause an accident.
An employer may be held liable for accidents caused by an employee if that employee was acting in the scope of employment at the time of the accident, such as by delivering packages for FedEx. Vicarious liability allows a victim to pursue a claim against an employer in many cases to seek any compensation for injuries caused by the employee. For example, if a FedEx driver is delivering a package and runs a stop sign, which results in a collision with another vehicle, FedEx may be held liable for the accident in addition to the driver, because the driver was delivering a package when the accident occurred.
Companies can also be held liable for accidents due to negligent hiring. The company is responsible for thoroughly evaluating the abilities of its employees prior to hiring them. As an employer, FedEx is generally expected to make sure that all drivers are responsible and capable of following safety procedures prior to hiring them. For example, if FedEx fails to conduct a thorough background check on an employee, and he or she has a criminal record for driving under the influence of drugs or alcohol, and the employee is later involved in an accident while making a delivery while intoxicated, FedEx could be held liable for the accident.
A company may also be held liable for an accident if the accident occurred as a result of failing to properly train an employee. The company is typically expected to assess the skills and abilities of each driver and properly train them in the necessary areas. For example, if FedEx fails to properly train a driver on how to safely secure and handle packages when making deliveries, and that driver is involved in an accident as a result, FedEx may be held liable for any damages caused by the accident.
WHICH REGULATIONS IS FEDEX REQUIRED TO FOLLOW?
FedEx is responsible for enforcing and adhering to procedures that ensure the safety of its drivers and other drivers on the road. FedEx should maintain records of all drivers’ performance and take action if or when a driver violates traffic laws or other safety procedures. In many cases, FedEx may not be required to follow federal regulations for commercial motor vehicles except for drivers driving through multiple states. For these drivers and vehicles, FedEx will generally be subject to regulations established by the Federal Motor Carrier Safety Administration (FMCSA).
FMCSA provides safety oversight and regulates interstate commercial trucking companies and commercial driver’s license (CDL) holders. These regulations will typically only apply to FedEx drivers who transport packages from state to state. However, FedEx is still generally subject to various state regulations governing commercial motor vehicles, which may or may not mirror federal regulations in many cases. These regulations may include routine vehicle inspections and time limits on how long drivers may drive in a day.
HOW MUCH COMPENSATION MAY I BE ENTITLED TO?
Each case is unique, therefore the amount of compensation that can be received varies depending on the details of the accident. Some types of compensation you may be entitled to after a FedEx trucking accident include:
1. Medical Expenses
If you sustained injuries as a result of your accident with a FedEx truck driver, you may be entitled to compensation. You may be able to seek compensation for any current or future medical treatment or therapy you received as a result of your accident.
2. Lost Wages
If your injuries prevented you from working after your accident with a FedEx truck driver, you may be able to seek compensation for wages you lost during that time. This may also include any earnings you anticipate losing in the future, lost earning potential, and disability. Loss of earnings may be proven by employment records or by expert witness testimony.
3. Non-economic Losses
You may be able to receive compensation for intangible losses or damages such as pain and suffering, diminished quality of life, loss of consortium, or lost time with loved ones. This amount is calculated partially on the cost of your other damages.
4. Punitive Damages
Punitive damages may be awarded to the plaintiff for especially egregious behavior by the responsible party, but they are very rare. For example, if FedEx had knowledge that an employee had a history of reckless driving or driving under the influence and allowed him or her to continue working as a FedEx truck driver which resulted in an accident, the company may be required by a jury to pay punitive damages.
5. Property Damage
You may receive compensation for repairs or replacements of property, including your vehicle or any personal items in the vehicle that were damaged or lost during the accident. This amount is calculated using repair estimates or reports from total losses. Keep any receipts or invoices that you receive for damaged or lost property. You should provide your FedEx truck accident lawyer with that documentation, as he or she may be able to use it to strengthen your case and help you seek the maximum amount of compensation.
WHAT MAY A FEDEX TRUCK ACCIDENT LAWYER DO FOR YOU?
Trucking accident claims involving FedEx drivers can be complicated, especially when determining who may be liable for your injuries. However, hiring an experienced FedEx truck accident lawyer may allow you to focus on recovering from your injuries while your attorney focuses on handling your case.
Your lawyer may begin by conducting a thorough investigation of the accident. This investigation may gather evidence proving that the FedEx driver was responsible for causing your accident. Meanwhile, your lawyer may also work to determine whether other parties may be liable for your injuries, such as the driver’s supervisor or FedEx itself in many cases. As the driver’s employer, FedEx may be liable for the accident, and your attorney may help you seek maximum compensation from all the responsible parties.
Negotiating with Insurance Companies
As with most personal injury lawsuits involving insurance companies, your claim will likely involve insurance companies. These insurers have teams of lawyers dedicated to making sure that the insurer pays as little as possible to settle claims, even when the insured party was at fault. However, the FedEx truck accident attorneys at Zinda Law Group have years of experience in working with insurance companies to level this playing field. Your attorney may represent you in settlement negotiations with the insurers by using evidence to maximize the strength of your claim.
Often, the insurance company may refuse an initial offer and respond with a counteroffer of its own. It often tries to dispute the extent of your injuries or claim the at-fault party is not liable. Your lawyer may then use evidence gathered in an investigation to substantiate your claim and prove your injuries were caused by the negligence of the other party. These negotiations may often go back and forth until an acceptable settlement is reached.
If you can’t reach a settlement, then your lawyer may then take your case to trial and present evidence proving the FedEx driver caused the accident that resulted in your injuries. Your lawyer may then generally also demonstrate why any other parties, such as FedEx, should be held liable for their employees’ negligent actions.
CALL THE FEDEX TRUCK ACCIDENT ATTORNEYS AT ZINDA LAW GROUP TODAY
At Zinda Law Group, our personal injury attorneys may be able to help you if you have been injured in a FedEx trucking accident. Our attorneys have years of experience helping our clients pursue the maximum compensation they may be entitled to after they or a loved one has been injured in a trucking accident involving a FedEx driver.
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