Car accidents involving commercial vehicles like UPS trucks can be devastating, and victims often face significant medical bills, lost wages, and other damages. But can you sue UPS if you were injured by one of their drivers?
The answer is not a simple yes or no. There are several factors that come into play when determining if you have a case against UPS. You can learn more about these factors and get a better understanding of your legal options by talking to a personal injury lawyer.
Suing UPS Can Be Complicated
UPS is one of the largest delivery companies in the world, delivering millions of packages every day. While their drivers are trained to follow safety protocols, accidents can still happen.
If you were injured by a UPS driver, you may be wondering if you can sue the company. Here’s what needs to happen:
Determine Who Is Liable
Before you can file a lawsuit against UPS, you need to determine who is liable for your injuries. In most cases, if a UPS driver caused the accident, the company is responsible for any damages. However, if the driver was an independent contractor and not an employee of UPS, then the driver may be liable instead of the company.
There is more than one thing that can go wrong that will cause a truck accident, and it may not be the truck driver’s fault alone.
There can be several liable parties and defendants:
- UPS as a company
- The UPS driver
- The cargo loaders
- A subcontractor
- A maintenance provider for the company
- A vehicle manufacturer
- Other motorists who may have been involved
- Municipal agencies responsible for the roads
As you can see, determining liability can be a complex undertaking. There are often multiple insurance companies and opposing lawyers to deal with. You may need help from a personal injury attorney to evaluate the circumstances and build a solid case.
Gather Evidence
To have a strong case against UPS or its delivery driver, you will need to gather evidence to support your claim. This can include:
- Police accident report
- Eye witness statements
- Your medical records and bills
- Photos, surveillance video, traffic camera footage, or dashcam video
- History of safety violations of the driver
- Truck inspection records
- Physical evidence from the scene
- EDR data
It is important to document everything related to the accident, including your injuries, as this will help you build a strong case. When you involve an attorney soon after the accident happens, it gives your lawyer the advantage of time. A lawyer can dispatch investigators to the scene to gather and preserve evidence before it can be tampered with or destroyed.
It is also important for you to maintain evidence such as medical bills, repair estimates, witness statements, and proof of lost wages due to missed shifts at work – all of which can be reviewed by your accident lawyer once they are on board with representing you.
Consult with a Personal Injury Lawyer
If you are considering suing UPS for your injuries, consulting with a personal injury lawyer with experience in this area is important. A lawyer can help you understand your legal rights and options, and they can help you navigate the legal process. They can also help you negotiate aggressively to improve your settlement with UPS or represent you in court if necessary.
File a Lawsuit
If you decide to sue UPS after a truck crash, you will need to file a personal injury lawsuit in the appropriate court. This can be a complex process, and you must follow all the legal requirements for filing a lawsuit. Your lawyer can help you with this process and ensure that your lawsuit is filed correctly.
Negotiate a Settlement or Go to Trial
Once you file a lawsuit against UPS, they may offer to settle the case out of court, or they may choose to go to trial. If the case goes to trial, a judge or jury will decide the outcome of your claim. If you win the case, you may be awarded compensatory damages for:
- Past and future medical expenses for physical injuries
- Lost wages
- Property damage
- Loss of earning capacity
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress
- Pain and suffering
If your loved one experienced a fatal accident with a UPS driver, an attorney can help you file a wrongful death claim. You may also be entitled to compensation for:
- Lost wages the deceased would have provided had they lived
- Medical costs associated with their treatment before death
- Funeral and burial expenses
- Loss of companionship
If you were injured by a UPS driver, you may have legal options available to you. By following these steps and working with a personal injury lawyer, you can pursue fair compensation for your injuries and hold the negligent party or UPS accountable for their actions.
How Can an Attorney Help Me With a Personal Injury Claim Against UPS?
Being hit by a delivery truck, such as from UPS, can be an incredibly difficult and upsetting experience. If you are dealing with the aftermath of such an accident and don’t know where to turn, you should consider getting help from an accident injury lawyer.
An experienced accident injury lawyer can handle all aspects of your case relating to a delivery truck driver who has hit you. They can:
- Gather evidence
- Provide supporting documentation to bolster your claim
- File the paperwork on time
- Negotiate with insurers and opposing counsel
- Handle contact with opposing parties and insurance companies
- Provide strong representation in court when needed
An attorney will also work diligently toward fair settlement negotiations that you may not have access to as an individual. Your lawyer is also well-versed in the state laws and federal transportation regulations applicable to your case and can ensure you are receiving fair compensation for damages.
Get in Touch with a UPS Truck Accident Lawyer Today
If you or a loved one have been injured in a delivery truck accident, it is essential that you get the advice of an experienced personal injury attorney who understands insurance policies and your legal rights.
You need a law firm with the experience and substantial resources needed to take on corporate goliaths like UPS. We have a long history of successfully challenging major corporations.
The lawyers at Berry Law have decades of experience between them and have successfully represented clients injured in delivery truck accidents, resulting in considerable settlements for their clients. We will fight for you to get the most money possible for your claim. Contact us today.