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5 Mistakes You Should Avoid After Being Hit by a FedEx Truck

mistakes you should avoid after getting injured in a fedex truck crash

If you suffer injuries from a FedEx truck accident caused by driver negligence, you may be entitled to compensation. However, before filing a Fdex truck accident claim, remember to avoid the following mistakes: 

  1. Leaving the accident scene without informing the police.  
  2. Neglecting or delaying to seek medical attention.
  3. Giving a recorded statement to the insurance company.
  4. Not collecting evidence from the accident location.
  5. Accepting initial settlement offers without consulting your lawyer.

Insurance adjusters do not care for your interests and will likely exploit you by employing cheap tactics to pay you low settlements. Hence, making these mistakes may jeopardize your chances of receiving fair compensation. 

That’s why having a legal expert by your side right from the beginning can make a world of difference. Reach out to Uptown Injury Law, PLLC at 917-540-8728. Our FedEx truck accident lawyers will ensure your claims process is smooth, from investigation to negotiating with insurers to receiving the final settlement. 

Common Mistakes to Avoid Following a FedEx Truck Accident

After a FedEx truck accident, you should avoid the following mistakes to protect your rights and seek fair compensation for your damages: 

1. Leaving the Accident Scene Without Notifying the Police

Even if you feel frustrated or overwhelmed, you should not leave the accident scene without informing the police. Notifying the police right after your accident will help you create an official police report—an important piece of evidence that includes the following information:

  • The number of parties involved.
  • Witness statements.
  • Any traffic violations committed by the involved entities.

These details will strengthen your claim and help you establish liability. Additionally, leaving the scene without notifying the police is illegal and exposes you to severe legal consequences.

2. Offering a Recorded Statement to the Insurance Agent

If you’re involved in an accident and FedEx’s insurance provider requests a recorded statement, you should be cautious. Their main aim is to reduce the compensation you want to secure, and they might use your words against you later.

To avoid this situation, contact a personal injury attorney as soon as an insurance adjuster contacts you. Your lawyer will defend your rights and work to secure the highest compensation for your medical expenses, lost wages, and pain and suffering. 

3. Overlooking Medical Care and Failing to Follow Through

One of the most common mistakes that FedEx truck accident victims make is delaying medical attention. Even if your injuries seem minor, you should consult your doctor without any delays and adhere strictly to the prescribed medical treatment. 

This is because some injuries may not show immediate symptoms and could worsen over time, such as internal damage and whiplash. By quickly seeking medical attention, you not only prioritize your recovery but also establish the connection between the crash and your injuries, which is important to file an insurance claim or pursue a lawsuit. 

4. Not Documenting Evidence at the Scene of Accident

Immediately after a Fedex truck accident, it’s natural to feel disoriented and overwhelmed. However, failing to document evidence at your accident scene can be a big mistake. Make sure you gather the following details: 

  • Clear photographs of all damaged vehicles. 
  • License plate numbers of the other driver’s vehicle. 
  • Road conditions and any skid marks. 
  • Images of any injuries you might have sustained. 
  • Video of the road or intersection where the accident occurred. 
  • Recorded statements from witnesses. 

Securing this evidence can help you build a strong case in your favor when negotiating with insurance companies or pursuing legal action. 

5. Agreeing to Initial Settlement Offers Without Consulting a Lawyer

After a Fedex truck accident, you may receive a settlement offer from the insurance agent, with instructions for quick acceptance and signature. If you sign this settlement offer early, you agree to the terms and lose your right to pursue legal action for the accident. 

Insurers often calculate these initial settlement offers to address only your immediate vehicle damages and medical costs, which may not be sufficient if you have sustained serious injuries requiring long-term care and rehabilitation. 

In such cases, you should not agree to such offers right away. Instead, consult with a qualified Fedex truck accident attorney. He/she will carefully review the initial settlement proposed by the insurance company, ensuring it covers all your damages. By doing so, your attorney guarantees that the offer fully addresses your needs and protects you from settling for less than you actually deserve. 

Common Causes of FedEx Truck Accidents 

There are several factors that can lead to FedEx truck accidents. However, a few common causes include:

  • Distracted driving like texting and eating. 
  • Driving under the influence (alcohol and drugs).
  • Driver fatigue due to demanding schedules.
  • Reckless behaviors of the Fedex truck driver, including speeding.
  • Inexperience among FedEx truck drivers.
  • Insufficient maintenance of FedEx vehicles.
  • Adverse road conditions.

Since each case is unique, the list may expand beyond these causes. Therefore, it is highly recommended that you consult a seasoned fede truck accident lawyer at Uptown Injury Law, PLLC. Our team will assess the details of your case and offer the best legal advice tailored to your needs.  

Who Can Be Held Responsible for Your FedEx Truck Accident Injuries?

In FedEx delivery truck accidents, liability often rests with the driver or FedEx itself under the principle of vicarious liability. This legal doctrine holds FedEx accountable for its employees’ actions when they’re operating the vehicle when performing their jobs. However, establishing liability might not be so straightforward in such cases. This is because there may be multiple parties involved in the accident, such as:

  • The manufacturers of the vehicle or its parts.
  • The service providers responsible for truck maintenance.
  • The shippers or loaders of the cargo.

How to Determine Negligence in a FedEx Truck Accident? 

fedex truck accident attorneys

To establish negligence in a FedEx truck accident, you need to demonstrate the following elements: 

  • Duty of Care: The FedEx driver had a responsibility to operate the vehicle safely.
  • Breach of Duty: The driver failed to uphold his responsibility.
  • Causation: The driver’s failure directly led to the accident that caused your injuries.
  • Damages: You suffered losses from the accident, such as medical expenses or lost wages.

To prove the negligence, you’ll need to collect strong evidence from the accident scene. These may involve images of the damaged vehicle, statements from eyewitnesses, videos of the accident, and medical records of the injuries sustained. Additionally, you’ll need to get expert opinions such as accident reconstruction experts. They can help you recreate precise events leading to your accident and clarify who is at fault.  

Factors You Need to Consider to Seek Compensation After a FedEx Truck Accident

If you’re involved in an accident caused by FedEx trucks, you must consider these factors to secure a fair settlement. Firstly, you should be aware of the statute of limitations in your state. In New York, for instance, you have 3 years to file a lawsuit for a personal injury case and 2 years for a wrongful death case. Failing to file your claim within these legal deadlines may result in the loss of your right to seek compensation. 

Additionally, New York operates under a no-fault insurance law, meaning your own personal injury protection covers your damages regardless of fault. However, New York also adheres to a pure comparative negligence rule. This means if you bear any responsibility for the accident, your compensation is reduced accordingly. For example, if you’re 30% at fault in a $100,000 settlement, you would receive $70,000.

Damages You Can Claim in FedEx Truck Accident Lawsuit

In truck accident claims, you can seek compensation for the following damages: 

  • Expenses of repairing and replacing your damaged property. 
  • Immediate medical costs. 
  • Future medical expenses for continuous care and treatment. 
  • Lost wages because of your time away from work. 
  • Mental anguish and psychological distress caused by the accident.
  • Diminished quality of life due to injuries. 
  • Reduced earning capacity in the future. 
  • Wrongful death damages such as funeral and burial expenses. 

How Much Are FedEx Truck Accident Settlements in New York?

In New York, settlement amounts for FedEx truck accidents can range from $75,000 to millions of dollars. This figure can vary because several factors can influence the settlement amount you may receive. These factors may include the following:

  • The extent of your injuries.
  • Amount of your medical expenses.
  • Lost wages due to time away from work.
  • Any permanent disabilities or disfigurement.
  • Specific laws and regulations in your state where the accident occurred.

Why You Must Hire a FedEx Truck Accident Lawyer?

Dealing with the aftermath of a FedEx truck accident can be overwhelming, but with the right lawyer, you can focus on your recovery while they manage your case. However, determining liability in FedEx truck accidents is often complex due to the potential involvement of multiple parties. Your attorney will have to carefully:

  • Investigate the accident scene
  • Gather evidence like black box data and CCTV footage
  • Obtain expert testimonies 

Furthermore, Fedex truck accidents often result in significant injuries and/or property damage that may leave you physically, emotionally, and financially drained. That’s why you need a seasoned Fedex truck accident lawyer who will assess all these factors to accurately value your damages and negotiate with insurance companies. This ensures you receive a settlement that truly compensates for your losses.

Reach Out to Our FedEx Truck Accident Attorneys at Uptown Injury Law, PLLC

If you’ve been hit by a FedEx truck through no fault of your own and are dealing with the devastating aftermath, don’t worry; our team has got your back. At Uptown Injury Law, PLLC, our attorneys have been helping personal injury victims get their lives back on track after catastrophic accidents for over 15 years. Our track record of recovering multi-million dollar settlements and verdicts speaks for itself. 

Our skilled attorneys will investigate your crash, identify liable parties, and tirelessly fight for the compensation you deserve—covering hospital bills, lost wages, and mental anguish. We manage all insurer communications so that you can focus on your recovery. Call us at 917-540-8728 and schedule a no-obligation, risk-free case review with our attorneys. 

FAQs

What to Do if You’re Hit by a FedEx Commercial Vehicle?

If you get hit by a FedEx commercial vehicle, you should call the police, file a police report, and document all the details of your accident. Next, seek immediate medical attention, even for minor injuries, and exchange contact and insurance information with the other driver. This information will help you later on when you’re filing the insurance claim to recover your losses.

Lastly, consider reaching out to a specialized FedEx truck accident attorney to help you deal with the negotiations and settlement process effortlessly.

How Much Does a FedEx Truck Accident Attorney Charge?

A FedEx truck accident attorney generally works on a contingency fee policy, meaning you won’t pay them unless they win your case. Based on this fee arrangement, your attorney will receive a percentage of the settlement as their contingency fee between 33.3% and 40%. If your claim is resolved quickly through negotiations, these fees can be lower. 

However, if your case is complex or goes to trial, your attorney may need additional costs to build a strong case by consulting expert witnesses. However, if you do not receive a favorable settlement in your case, your attorney will be responsible for paying these fees out of pocket.

What Are the Common Injuries if a FedEx Truck Hits You?

If you get hurt in an accident with a FedEx truck, you might face various injuries. These may include broken bones, head or spinal damage, lacerations, or even internal damage. Additionally, the emotional aftermath can be just as severe as physical injuries, often leading to psychological stress. 

In such cases, make sure to reach out to a Fedex truck accident attorney at Uptown Injury Law, PLLC right after your accident. We will help you manage the financial burdens by securing a favorable settlement on your behalf. Call us today at 917-540-8728 to get a free case evaluation.

Can FedEx Drivers Be Liable for Your Injuries?

Yes, if a FedEx driver is at fault in a crash that results in your injuries or damages, they can be liable. Additionally, if the driver is operating the FedEx vehicle within the scope of their employment, you may have a valid claim against Fedex directly for negligence.

To prove the negligence of the liable party, you should consult with your attorney to investigate the driver’s behavior and their adherence to FedEx’s operational regulations. 

What Are the Statute of Limitations to File a Personal Injury Claim?

In New York City, you have a three years window from the accident date to file a personal injury claim. However, if the crash resulted in the wrongful death of a loved one, the timeline is shorter, i.e., two years. 

Moreover, if a government entity is at fault for your FedEx truck accident, the timeframe to file the notice of your claim is even more strict—only 90 days. Remember that time is of the essence in such cases because delays can forfeit your right to seek compensation. For timely legal action, connect with Uptown Injury Law PLLC. 

What If I Am Partially At Fault in a FedEx Truck Accident?

If you are partially at fault in a FedEx truck accident, you can still file a claim and seek compensation under New York State’s pure comparative negligence law.

According to this rule, your compensation will decrease based on your level of responsibility in the accident. For example, if you are 30% at fault in an incident with total damages amounting to $100,000, you would only claim $70,000. 

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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