Several parties may have liability for crashes involving UPS trucks and passenger vehicles. The answer to the question, “Who do I sue if a UPS truck hit my car?” will depend on whether external factors contributed to the crash, and how the driver is employed by the company.
Who Is Liable if a UPS Truck Hit My Car?
If you were hit by a UPS truck, determining liability can be complex. Multiple parties may be responsible for your damages, depending on the circumstances of the crash. Here are the most common parties who may be liable:
- The UPS Driver: If the driver was negligent, such as by speeding, distracted driving, or failing to obey traffic laws, they may be directly liable for your injuries and property damage.
- United Parcel Service (UPS): As the employer, UPS may be held responsible for the driver’s actions under a legal concept known as “vicarious liability” if the driver was performing job duties when the accident occurred. UPS may also be directly liable if the company failed to maintain the vehicle properly, provided inadequate training, or set unreasonable delivery schedules that led to reckless driving.
- A Maintenance Company: If UPS outsources vehicle maintenance and the accident was caused by a mechanical failure, such as faulty brakes or worn tires, the maintenance company could share liability.
- Another Driver: If another driver’s negligence contributed to the accident, they could be partially or fully liable for your damages.
- A Government Entity: If hazardous road conditions or poor road design contributed to the crash, a government agency responsible for road maintenance could also share liability.
Proving liability in a UPS truck accident can be challenging without the help of an experienced truck accident lawyer. A lawyer can investigate the crash, gather evidence, and identify all liable parties to maximize your compensation.
Injuries in UPS Truck Accident Claims
Millions of Americans order packages and other items online for the convenience of delivery right to their door. However, with orders increasing over the last few years and continuing to increase, it has to lead to UPS having to contract out more of its orders. To meet these deadlines, some drivers might drive faster or less cautiously, causing accidents and property damage. Some accidents may be so serious that they cause massive medical bills, time away from work, and in some cases, death. Leaving the injured party with bills piling up and what may seem like no way to pay for them.
UPS has more than a hundred thousand vehicles on the road in more than two hundred countries, which make for more opportunity for possible accidents. The most common injuries that have arisen out of these accidents include:
- Concussions and Traumatic Brain Injuries (TBIs) can cause permanent disabilities, which might affect the ability to work or live a normal life.
- Neck and spine injuries, both temporary and permeant.
- Broken bones and fractures that are not related to the brain or spine.
- Severe damage to extremities can lead to amputations.
- Fatalities both at the scene and from injuries sustained by the accident.
This does not include any possible property damage to cars or other personal belongings that may have been damaged in the accident. Because each accident is unique in how it transpires and what injuries occur, each case has its own claim amount. A motor vehicle accident lawyer can help the injured party go over what costs from the accident should be covered by the liable party and help them receive this amount.
What Damages Can You Recover in a UPS Truck Accident Lawsuit
When UPS has been found to be the reason that an accident happens, then the injured party can expect to have to deal with UPS’s legal team. This team will usually try to deny a claim or possibly settle for less than what should be paid for the extensiveness of the accident.
Every accident is a unique situation with different injuries and property damage, which means that the claim amount will depend on those details. Because UPS’s legal team might try to avoid having to pay the full amount of the claim, they might offer a settlement that is under what the injury is worth and give the injured party a time limit to accept this offer.
A car accident lawyer that has experience dealing with the UPS claims team can help to navigate these offers and to get the injured party the amount they should be paid to cover all medical and property costs. These costs can include lost wages that would have been earned while the injured party was recovering from the accident.
If the injury caused permeant disabilities that affect being able to work at all or at a lower capability, then the claim could also include the amount of money that the injured party would have made in their career field prior to the injury. If a fatality occurs because of the accident, then the claim would cover funeral and burial expenses and money for the family if the death was the main financial provider for the family.
Property damages might also be included if the UPS truck hit a car, and insurance will not cover all the costs to fix issues from the accident. Depending on how involved the claims team will be might depend on if the same claims representative is handling both the medical costs and property damage. Which can make it harder for an injured party to keep track of what is going on in the entire accident or what needs to be provided for each part of the claim.
Common Causes of UPS Truck Accidents
Many things can contribute to an accident with a UPS truck. Identifying the cause of the accident helps you and your lawyer determine who to sue if a UPS truck hit your car. Some common causes of accidents with UPS trucks include:
Weather Conditions
Rain, hail, sleet, wind and snow are all considered natural weather events. These events are not harmless, however, and in many cases, can lead to an accident. Rain, sleet, and snow can cause roads to become slippery and difficult to navigate. This reduces a person’s ability to control their vehicle, which increases the likelihood of an accident. Additionally, strong winds can push against a vehicle, making it difficult to maintain proper positioning on the road. Hail can reduce visibility, and can even cause damage to windshields. Even if adverse weather conditions contributed to your crash, you may be able to sue UPS for the accident if the driver was negligent.
Irresponsible Driving
When a person drives any motor vehicle, they are expected to adhere to certain rules and regulations. These rules are put into place to protect other drivers on the road. If a person ignores these rules and drives recklessly, drives under the influence of drugs or alcohol, or drives aggressively, it can lead to serious injury. If the UPS driver who hit your car was acting irresponsibly when the accident happened, you might be able to sue them, and also file a lawsuit against UPS.
Improper Vehicle Maintenance
Failing to properly maintain a vehicle can increase the chances of a vehicular malfunction that could lead to an accident. UPS is responsible for maintaining their vehicles, and if they fail to do so, it could lead to serious harm or death. Tires, brakes, vehicle fluids, and more all need to be checked regularly to ensure everything is working properly, and the vehicle is safe to use. If UPS fails to maintain their vehicle and that contributed to your accident, you can sue them.
What Regulations Help Prevent UPS Truck Accidents?
A typical UPS truck is 45–53 feet long, weighing over 19 thousand pounds, making it difficult to maneuver. Attempting to back up can lead to many accidents with other vehicles and other property due to lack of visibility and narrow streets. To help reduce the number of accidents, the Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. These regulations apply to UPS. The regulations include:
- Training requirements include getting and maintaining a Commercial Driver’s License (CDL) to drive trucks of a certain size.
- Screening and prevention programs for drugs and alcohol for all truck drivers.
- Proper care and maintenance for trucks transporting goods on the road.
- Driving hour requirements and mandates for recording hours driven to not allow drivers to spend too long on the road, so they can give their full attention to driving.
Even with these regulations in place, UPS drivers and other delivery services sometimes have accidents that cause serious injuries.
If a UPS truck hit your car, your first step in recovering compensation is determining who to sue. Contact experienced truck accident attorney Christopher Burk to discuss your case and learn about your legal options.
