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 driver hit my car?” will depend on whether external factors contributed to the crash, and how the driver is employed by the company.
Millions of American 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. Since UPS may not always be the direct employer for all the drivers that operate their trucks, it sometimes creates confusion when seeking damages.
UPS Accident Claims
UPS is a very large company that employs hundreds of thousands of employees worldwide. With so many drivers on the road and the potential for accidents, it means that UPS has an entire claims team, as well as a legal team to help go over claims and possible lawsuits. Because UPS has a legal team, it is a good idea for the injured party to have a lawyer represent them to handle speaking to the company. A lawyer versed in injury lawsuits will be prepared to deal with the UPS legal team and respond to any settlement offers. A lawyer will not have to just accept a possible settlement offer, but can negotiate a settlement that will benefit the injured party the most.
UPS has to have a team like this in place, as they have millions of packages that the company delivers all over the world. All of these packages have led to thousands of accidents and claims, as well as some deaths. 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 cause 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 Can You Win 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
With millions of vehicles on the road each year there are thousands of accidents that occur and although many of these are privately owned cars this does not cover all vehicles on the road. Some of the most common causes include speeding and ignoring other traffic laws.
However, an accident that is not caused by the driver may be caused by the truck malfunctioning due to not keeping the truck in good repair. If a driver does cause the accident, it may not be because they have failed to follow the laws, but possibly include backing the truck up the street when the driver has missed the address of their stop.
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 amount of accidents, the Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry to help with public safety. These 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.
The FMCSA has these regulations to help prevent accidents from happening, especially as the roads become busier and busier due to all the delivery services that continue to become established. However, even with these regulations in place UPS drivers, and other delivery services, do have accidents that do occur. With a good personal injury attorney, the money that is paid out should cover all the costs from the accident and might also have to include the pain and suffering that was caused by the accident.
Who Is Liable When a UPS Driver Hit my Car?
When an accident is caused by a driver driving for a large company such as UPS, it can be difficult to know who is the liable party. Although UPS owns and maintains the truck, the driver is the one that is in control of the vehicle. As such, it is important to know what caused the accident to know who the injured party will be able to sue successfully. UPS is responsible for repairs and maintenance on their trucks to make sure that no technical failures should occur that could cause an accident. Also, it is important to know if the driver is paid directly by UPS or was a contracted driver, as depending on this status can help to determine if the company will ultimately be responsible for the accident or if the driver themselves are liable.
Before getting an accident lawyer, some details the injured party should gather from the accident including the driver’s information as well as if they have the proper license to drive the truck. If for some reason they do not have a valid CDL, is UPS aware of their license status, as this can affect if the company is ultimately responsible? Did the truck have a mechanical failure that could have been avoided if the company was during proper inspections and repairs? Or was the accident caused by the driver disobeying traffic laws, which would make the accident to cause driver’s negligence? Going over these details will allow an Arizona car accident lawyer to advise the injured party of the answer to, “Who do I sue if a UPS driver hit my car?”, and whether they have a good basis for a lawsuit or settlement.