A big brown UPS delivery truck ran a red light, wrecking your car. Now you’re stuck with expensive medical bills and no way to get to work. Is it possible for the average US citizen to win a UPS injury settlement? The answer is yes, but you will need a qualified law firm on your side.
As Americans increase their online shopping habits, the need for truckers to deliver overnight continues to increase. In 2020, there were 256 million online shoppers and that number is expected to rise to 291.2 million by 2025. According to the Federal Motor Carrier Safety Administration, UPS had 127,017 drivers delivering packages over 3.5 billion miles in 2021. throughout the United States. With so many trucks racking up billions of miles to meet growing delivery demands, accidents are a matter of when, not if. Over the past 24 months (by September 2022), the number of accidents continues to rise year-over-year with 2,893 crashes and 70 fatalities, or one delivery truck accident every three hours.
If you are in an accident involving a delivery trucking company, such as UPS, what are your legal options against a multi-million dollar company? If you’re wondering, “Can I sue UPS for negligence?” there are legal options to help you get the justice you deserve, but winning a case proving negligence requires an experienced law firm like Abogado Contigo.
A UPS Truck Hit My Car, What Should I Do Now?
If a loved one was in an accident with a UPS truck, or if a FedEx truck hit my car, it is important to know what type of driver was involved before filing any UPS vehicle accident claim. UPS, for example, has three different types of drivers that they trust to deliver packages to customers: personal vehicle drivers, trailer drivers, and the package delivery drivers you’ll see in the brown trucks. Immediately after the accident, it is important to obtain as much information as possible from the driver, including his license and the company he works for.
Can I sue for being hit by a semi-truck? The process for making a claim against UPS is the same regardless of the type of vehicle responsible for the accident. And this doesn’t change the type of information you’ll want to try to get from the driver on the scene, including:
Driver error, which could be caused by a higher weight limit that requires the driver to brake longer to avoid hitting cars in front of him
Driver fatigue; Federal regulation allows drivers up to 11 hours of consecutive driving before needing a break
Pressure to deliver, especially as demand for overnight delivery increases
Your next step is to contact a law firm, with experience in delivery truck accidents to help you navigate the complicated process of dealing with corporations with legal departments that are required to pay you as little as possible. .
What is the key to maximizing your insurance payout? Prove negligence.
Proof of Negligence in a UPS Delivery Truck Accident
If you are ever in a car accident due to negligence, regardless of whether it involves a delivery truck or another vehicle, your legal case is based on what can be proven in court. This includes evidence collected at the scene and often even before the accident occurred.
If the accident involves a delivery truck, there are delivery-specific factors that have set a legal precedent that will help you win your case. Some examples include:
- Failing to set the parking brake during a delivery
- Failing to yield when re-merging with traffic after a delivery
- Backing up due to a missing address
- Bad training and driver fatigue.
- Not completing repairs or safety checks.
To prove negligence, it is important that there is evidence showing that the driver owed you a duty of care and that you breached that duty. There must also be actual or proximate causation, and proof that the damages you suffer were the direct result of the driver’s negligence. This means that you want to document and keep records of all medical diagnoses and expenses related to the accident.
How Will Vicarious Liability Help Me Win My Case?
If you are suing someone who works for a company like UPS, you can try and prove vicarious liability. This legal theory holds an employer liable for the negligent actions of its employees, as long as the employees have acted within the scope of their employment.
There are a few ways vicarious liability can be proven to help win your case:
- Negligent hiring, which requires proof that the company failed to perform an adequate background and criminal record check
- Negligent training, which means that despite demonstrating a clean driving record, UPS can also be held liable for negligent training if it tested a driver and failed to fill gaps in their skills, including drivers who have experience with other delivery trucks but have not been trained on the safe operation of a UPS truck
- Negligent supervision, which indicates that even if the driver is prudently hired and well-trained, UPS is responsible for constantly monitoring its employees and taking appropriate action if any of its drivers is awarded a DUI, speeding ticket, or other violations transit, inside or outside work
How to Sue UPS and Win
With more than 120,000 cars, trucks, tractors and motorcycles, UPS has a $1,000,000 insurance policy on each and every vehicle in its fleet, and will do everything in its power to protect your financial interests. This makes the insurance claim process even more complicated for the average American due to the structure of the company, the number of insurance policies they carry, and the type of contracts they have with their employees.
If you’re wondering, “Can I sue UPS for negligence?” stop wondering and contact a delivery truck accident lawyer at Abogados Contigo right away. They have over 50 years of combined experience representing cases in multiple states involving delivery truck accidents due to negligence. The consultation is free, and you’ll get advice from a law firm with more than $1 billion recovered in more than 25,000 cases.