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Washington FedEx/UPS Delivery Truck Accident
FedEx and UPS trucks deliver thousands of packages each day, and consumers would have fewer options for consumer goods without them. But these delivery trucks can upend a person’s life after a crash. Medical bills to treat painful injuries can strain your budget at the same time that returning to work is too difficult.
If you are injured in a collision, contact Brett McCandlis Brown & Conner PLLC to speak with a Washington delivery truck accident lawyer. The insurance claims process can be confusing, and it is natural to fear the unknown. Our firm has navigated the claims process on behalf of our clients, and we are eager to explain more about our services in a free consultation.
Who Pays Compensation After My FedEx or UPS Accident?
The person or entity responsible for accident damages will depend on the facts of the case. A delivery van accident claim could have various liable parties:
- Delivery driver. The driver could be at fault for failing to exercise reasonable care.
- FedEx or UPS. The company could be liable if its employee negligently injures someone on the job, or the company might have independent liability.
- Contractor. FedEx contracts with independent service providers that hire delivery drivers. The contractor could have liability as the employer for its employees’ careless deliveries.
- Other businesses. A mechanic could perform negligent repairs to the truck or van, making the mechanic liable if their actions caused or contributed to the accident.
- Another motorist. Sometimes a different driver on the road causes an accident. If a motorist cuts off the UPS van, then they might trigger a crash.
A claim may involve the liability coverage for the responsible driver or business. Depending on your own policy, personal injury protection (PIP) may help with covered medical costs, and uninsured/underinsured motorist coverage may matter if an at-fault driver lacks adequate insurance. The available policies and limits must be checked rather than assumed based on the vehicle’s logo.
Speak with a delivery truck accident attorney to discuss what steps to take. If hired, our firm can review the available evidence to determine which party may be liable for your injuries.
How Do You Analyze Delivery Driver Accident Liability?
The best way to determine whether the delivery driver is liable is to review the evidence and reconstruct how the crash occurred.
Often, delivery drivers may be liable because they drove negligently, for example, by:
- Speeding to deliver before a deadline,
- Following too closely because of driver distraction,
- Driving while fatigued after a long shift, or
- Making an illegal turn because of confusion.
Some of the evidence we can review includes your own statements and any pictures you took of the accident scene. We may also speak with witnesses to determine what they saw.
Delivery driver accident liability is not always clear-cut. A driver might claim you cut them off or braked suddenly, causing the driver to crash. Washington law recognizes that liability may be shared. If you also have partial liability for the crash, any compensatory damages awarded will be reduced proportionately to your percentage of responsibility.
Is UPS or FedEx Liable for My Accident?
UPS or FedEx might be liable, but not always. Under Washington law, an employer is generally liable when its employee negligently injures someone while working. FedEx also uses independent service providers that employ their own drivers. UPS describes its regular package delivery drivers as employees. Its separate Roadie platform uses independent drivers.
FedEx or UPS could have independent liability if its own conduct contributed to the crash:
- Negligent hiring. A company could face a claim if it negligently selected a contractor despite known safety concerns that contributed to the crash.
- Failure to supervise. If the company has a duty to supervise the work at issue, evidence that it ignored reports of dangerous driving may matter in establishing the company’s liability.
- Lack of maintenance on the truck. If FedEx or UPS controls the truck, it may be responsible for performing the required maintenance to ensure the vehicle is safe to drive. If the company fails to fix known mechanical defects that contributed to the crash, it may be liable.
After a crash, it may be difficult to determine whether FedEx or UPS has liability. Contact a Washington delivery truck accident lawyer for help reviewing the circumstances and evidence related to the accident. Our goal is to identify all of the potentially liable parties.
How Are These Accidents Different from Regular Car Accidents?
UPS and FedEx delivery truck accidents can involve greater injury risks and a more complicated insurance claim than ordinary car accidents:
- Larger vehicles create different crash risks. A loaded delivery truck can cause greater damage to a smaller vehicle, leading to more serious injuries to occupants.
- Identifying the responsible company can be harder. FedEx regularly contracts with independent service providers whose employees make deliveries, and UPS also owns the separate Roadie platform, which uses independent drivers. Your claim may require an investigation into the driver, contractor, vehicle owner, or the company.
- Federal laws may come into play. Depending on the vehicle and operation, federal trucking regulations on inspection and maintenance may apply.
- There may be more evidence to preserve. In addition to photographs of the vehicles and witness statements, FedEx and UPS accidents can involve other evidence, such as work schedules, maintenance records, and delivery timestamps.
- Insurance arrangements can be more complex. The relevant insurance policy will depend on which party is liable and which vehicle and delivery operation were involved.
Speak with an experienced lawyer in our office to begin a case analysis. Contact a Seattle truck accident lawyer today for a free case evaluation.
How Can a Delivery Truck Accident Attorney Help My Case?
When you attend a consultation, we can answer your questions and guide you through the claims process. Your memories of the accident are a starting point for discussing possible legal claims.
A FedEx or UPS truck accident lawyer at our firm can help locate evidence, analyze relevant laws, and handle inquiries from insurers and others.
Gathering Evidence of the Crash
Some of the evidence may be from the accident scene, including photographs of the vehicles and witnesses. Useful evidence to determine how the crash happened includes:
- Black box data on the truck or van, if available;
- Nearby surveillance camera footage or Ring camera video;
- Statements from the truck driver; and
- Maintenance records for the truck.
Our legal team can also follow up with bystanders to clarify what they saw. A delivery truck accident attorney can help to ensure this evidence is secured and protected.
Analyzing Applicable Laws
Various state and federal laws may apply, depending on the vehicle and operation. Our legal team can review whether the driver is an employee of FedEx, UPS, or another business, or an independent contractor. This fact can make a difference in whether FedEx or UPS may be liable in your crash.
Other state and federal laws cover commercial vehicles, including regulations on the maximum weight of some trucks. Overloading cargo may be evidence of negligence by the company or the cargo loader if it contributed to the crash.
Coordinating with Insurance Companies
You might feel overwhelmed by the paperwork required after a crash. Insurance companies often require extensive documentation of injuries and property damage. Our legal team can communicate with the insurance companies and coordinate with medical providers about bills, allowing you to focus on healing.
Negotiating for Compensation
A UPS or FedEx truck accident lawyer in Washington can negotiate for compensation from a party or parties who share liability for the accident. Attempting to negotiate on your own could lead to missing important deadlines or undervaluing your claim.
How Much Can I Receive for My Delivery Van Accident Claim?
The amount you can receive depends on the specific details of your accident. The most significant factors include your economic losses, the impact your injuries have on your life, fault, and available insurance coverage.
You may be able to seek compensation for economic damages, including:
- Medical bills;
- Future medical care, if reasonably certain;
- Lost wages or income;
- Loss of earning capacity, if a disability limits your ability to work; and
- Property damage, including damage to your car.
To help your lawyer calculate economic damages, keep all medical bills or receipts related to your care. Also, look for documents that prove your income, including recent pay stubs or bank records. You should also maintain proof of car repairs or, if it was totaled, the value before the crash.
You may also be able to recover noneconomic damages for less tangible (though serious) harms:
- Pain and suffering
- Emotional distress, including depression or anxiety;
- Loss of enjoyment of life; and
- Disfigurement.
Each case is unique and potential damages depend on the individual facts of the accident.
How Do I Find an Experienced Truck Accident Lawyer for My Case?
Review a lawyer’s website to see if they have handled delivery truck accidents before. An experienced lawyer should understand how to untangle the facts to identify the defendant and navigate the claims process. Their website can help you assess whether the lawyer knows how to guide clients through the claim process from beginning to end.
You can also schedule a consultation to talk with the lawyer directly about their relevant experience.
Can I Afford a UPS Truck Accident Lawyer?
Many personal injury claims are handled on a contingency fee basis. This means you can speak with an attorney at Brett McCandlis Brown & Conner after a Washington accident without paying any upfront legal fees. Instead, we agree to accept a percentage of any settlement or court award you recover as the legal fee. This arrangement allows clients to receive immediate help from an experienced accident lawyer even when money may be tight.
You can receive help with:
- Determining who is liable for your accident,
- Securing evidence of the crash,
- Handling paperwork with insurance companies, and
- Negotiating a claim for compensation from the at-fault parties.
If you decide to hire us, we’ll explain the fee percentage and case expenses in a written agreement for you to review and sign, including whether you would owe any case expenses if there is no recovery.
How Do I Protect My Legal Claim?
The choices you make immediately after an accident can strengthen your case. You should take some actions at the scene if it is safe to do so, while taking other steps in the coming weeks may also be helpful.
At the Scene of the Accident
Try to complete the following steps:
- Immediately stop your vehicle or, if unsafe to do so, pull to the side as close to the accident as possible;
- If there are injuries and anyone needs emergency medical assistance, call 911 to request an ambulance and report the crash to the police;
- Exchange personal and insurance information with the driver;
- Photograph the accident scene, including the vehicles; and
- Talk with the police officer who arrives at the scene.
Also, remember to avoid guessing about who may be at fault; describe what happened honestly.
In the Weeks Ahead
Proper documentation of your injuries and expenses can streamline the claims process:
- Preserve all health insurance statements, medical bills, and receipts for prescriptions or assistive devices;
- Find proof of your income before the accident, including pay stubs or bank records; and
- Keep car repair bills or estimates to prove the cost of property damage.
It is also critical to avoid simple mistakes that may undermine your legal rights. An insurance investigator may look for evidence to cast doubt on the severity of your injuries or blame you for the crash. Avoid discussing the accident or posting about it on social media, and make your profiles private.
A representative from the other side’s insurance company might reach out to request a recorded statement. You can decline until you consult with a lawyer to help avoid making a statement that may undermine your claim.
Speak with a UPS or FedEx Truck Accident Lawyer in Washington
After an accident, injured people need an experienced law firm that can guide them through the claims process. At Brett McCandlis Brown & Conner, our team brings more than 40 years of combined experience to our cases. We can identify who employed the driver and which coverage may apply, handle communications with insurers, and explain your options. Call to schedule a consultation today.
Legal References Used to Inform This Page
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