Personal Injury

What Happens if I am Hit by a FedEx Driver?

Each day, millions of packages are delivered by hundreds of thousands of delivery drivers working for companies like FedEx. The responsibility for delivering all those packages on time falls to the delivery drivers who are often under significant pressure to meet deadlines. Unfortunately, as delivery drivers rush to get every package delivered on time, the risk of accidents caused by negligence goes up.

Despite having rigid standards for drivers and maintaining a remarkable safety record, FedEx is responsible for hundreds of accidents each year. In a collision between a large delivery truck or van versus a smaller passenger vehicle, the outcome is often tragic resulting in serious injuries or death. If you are injured in an accident caused by a FedEx driver, you could be entitled to compensation for your injuries and other damages.

What happens if you are involved in a collision with a FedEx truck or van? Here is a quick overview of what you can expect in a personal injury lawsuit against FedEx.

The process of filing a lawsuit against FedEx

Filing a lawsuit against FedEx is an uphill battle, but that does not mean it is impossible. FedEx carries large insurance policies on every truck bearing the company’s name. If the company were to admit fault and accept responsibility for your injuries, the company would be at risk of endless claims in pursuit of that insurance money. Therefore, to recover damages for injuries caused by an accident with a FedEx vehicle, you must be able to prove every single claim alleged, especially for any damages sought.

Whether you claim damages for medical expenses, pain and suffering, or another loss, you must have documentation supporting the amount of money sought in the lawsuit and that documentation must be authenticated to be admissible in court. Simply having a bill or repair estimate in your possession is not enough. In other words, you need an experienced truck accident attorney to ensure you have the appropriate evidence to prevail on your personal injury claim and recover the money you deserve.

Unlike some shipping companies, FedEx sells its routes to individuals and small companies. In fact, there are more than forty commercial carriers doing business under the FedEx name in the U.S. who are independently responsible for the trucks, equipment, and drivers. This means that there may be multiple parties on the hook for liability in your personal injury claim.

In personal injury claims, the burden of proof is on the plaintiff. This means that you will have to prove that FedEx and any other parties sued are responsible for the accident and your resulting injuries. Generally, personal injury claims against FedEx are based on negligence. To establish FedEx’s responsibility for negligently causing an accident and injuries, you must be able to prove that the truck driver owed you a duty of care, that the owed duty was breached, and that the breached duty was the actual or proximate cause of the accident and your injuries. You must also prove any damages claimed.

Common Causes of FedEx Truck Accidents

While driver error is certainly a common cause of any automobile accident, sometimes FedEx trucks are involved in accidents due to factors beyond the driver’s control such as slick or damaged roads, improperly secured cargo, or mechanical failure.

Common causes of accidents involving FedEx trucks include:

  • Adverse weather conditions
  • Driving too fast for conditions
  • Failure to obey traffic laws or signals
  • Vehicle equipment failure or malfunction
  • Distracted, fatigued, or intoxicated drivers
  • Unsecured cargo
  • Missed safety checks

What can I sue for in a truck accident lawsuit?

Regardless of whether liability lies with the driver, FedEx, or some other combination of involved parties, you may be entitled to recover both economic and non-economic damages. In claiming damages as part of your personal injury claim, it is important to consider any wage loss from time off work, medical costs for accident-related injuries, and any repair or replacement costs for damage to your vehicle. You may also be able to recover compensation for any pain and suffering, mental anguish, loss of consortium, or other emotional impacts of the accident.

Your claim may be based purely on the driver’s negligence for which you may sue the driver, but FedEx may also be liable under the principle of vicarious liability. Vicarious liability holds employers responsible for the negligent actions of employees who are acting within the scope of employment. A FedEx driver involved in an accident while on the delivery route or traveling to or from the route is acting within the scope of employment by driving the vehicle.

However, even beyond the driver’s conduct, you may also have a claim against FedEx directly for negligence. If FedEx hires a driver who does not have a good driving record or clean background check and that driver subsequently causes an accident, FedEx can be on the hook for negligent hiring. Further, failing to provide adequate training or supervision can also constitute negligence on FedEx’s behalf.  In some circumstances, you may also have a claim against parts manufacturers, vehicle maintenance facilities, or other parties who share responsibility for the accident.  

Hiring a San Diego FedEx Accident Attorney

FedEx’s legal team will work tirelessly to reduce or limit the value of your claim which is in the delivery company’s best interests. You need someone to zealously fight back to protect your interests and ensure you are awarded the compensation you deserve. Our team is experienced in litigating truck accident claims and can provide the legal representation and support you need to prevail.

Lawsuits against FedEx can be complex and there are many factors that go into establishing a valid claim. Rather than worrying about having enough evidence or mounting expenses from medical care or repair costs, you can focus on taking care of yourself while one of our attorneys is working to track down the witnesses, gather the necessary documentation of medical bills and related expenses, and working to negotiate a fair settlement. You can rest assured that you have a strong advocate in your corner, fighting for the justice and compensation you deserve.

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