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How Do You Know if You’re Eligible for a UPS Truck Accident Claim?

UPS Van

If you’ve been involved in a UPS truck accident, determining your eligibility for a claim is crucial. You may be eligible for compensation if you sustained injuries or suffered property damage due to the accident. Begin by assessing the extent of your injuries and the impact on your daily life. You likely have a valid claim if medical bills, vehicle repairs, or lost wages are part of your experience.

Gathering evidence such as official accident reports, medical records, and eyewitness statements is essential to strengthen your case. Moreover, seeking legal advice promptly is advisable to navigate the claims process effectively. 

If you get injured in an accident with a UPS truck in the Bronx, Manhattan, Queens, Brooklyn, and the New York City Metro Area, Uptown Injury Law, PLLC is here to fight for you. With over 15 years of experience, our knowledgeable team is well-equipped to handle your case and secure the compensation you deserve. Schedule your free consultation now!

Who Can File a UPS Truck Accident Claim?

After a UPS truck accident, you can file a claim if you are the injured driver or passenger of another auto vehicle, a pedestrian, or a cyclist. Motorcyclists and UPS drivers can also file claims if they are not at fault. Additionally, passengers in the UPS truck and property owners whose property was damaged in the accident have the right to seek compensation for their losses.

The Injured Driver or Passenger of Another Vehicle

If you were driving or riding in another auto vehicle and got in an accident where you sustained severe injuries due to a UPS truck, you have the right to file a UPS truck accident claim, especially if the accident was not your fault and was caused by the UPS truck driver.

As the driver or passenger of another vehicle, your eligibility for a claim is rooted in being an innocent party involved in the collision. You can pursue compensation for medical expenses, vehicle repairs, and lost wages. 

Remember, understanding your eligibility empowers you to navigate the claims process effectively. If the UPS truck driver’s negligence caused the accident, you have the right to fight for compensation for the physical, financial, and emotional toll it has taken on you.

Pedestrians or Cyclists

As an innocent pedestrian or cyclist involved in a UPS truck accident, you can seek compensation for any injuries or damages incurred. In New York, cyclists have the legal right to use the roadway, even without dedicated bike lanes. 

This means that if a negligent act by the UPS truck driver caused the accident, you have a valid basis to file a claim for your medical expenses, property damage, and any other losses resulting from the accident.

If unsure about your eligibility or the claims process, consult our legal professionals at Uptown Injury Law, PLLC. We will provide valuable guidance and assistance tailored to your specific situation.

Motorcyclists

Motorcyclists, like any other road users, are entitled to a safe environment. If the UPS truck driver’s negligence caused the accident, you have a valid basis for seeking compensation. This includes reimbursement for medical expenses, motorcycle repairs, and any other losses incurred due to the truck accident.

UPS Truck Drivers (If Not at Fault)

If you are a UPS truck driver involved in an accident where you are not at fault, you must know your rights and potential for compensation. Accidents happen, and if another party’s negligence led to the collision, you are entitled to pursue a compensation claim.

Being the driver of a large commercial vehicle, it’s crucial to establish the fault accurately. You can pursue a claim if the evidence supports that the accident was caused by factors beyond your control, such as mechanical failure or another driver’s recklessness.

This process involves seeking reimbursement for medical expenses, vehicle repairs, and any other losses incurred due to the accident. Understanding your rights and taking appropriate action ensures you aren’t unfairly burdened with the consequences of an accident that was not your fault.

Passengers in the UPS Truck

While UPS (United Parcel Service) trucks are primarily associated with delivering packages, their occasional use for transporting passengers is not uncommon. If the accident occurred during such transportation, you have a valid basis for filing a claim.

Whether the UPS truck driver is at fault or if negligence lies with another party, you have the right to pursue a claim. This includes seeking compensation for medical treatment bills, lost income, and any other losses.

Property Owners (If the Property Was Damaged)

If the accident involving a UPS truck has caused damage to your property, as a property owner, you have the lawful right to file a claim for compensation. Whether it’s a building, fence, or any other structure on your premises, you have the right to seek reimbursement for the cost of repairs and restoration.

It’s essential to document the damage thoroughly, including taking photographs and gathering any relevant evidence. Once you establish that the UPS truck accident was responsible for the property damage, you can initiate the claims process to recover the financial losses incurred.

What Should You Do If UPS Hits Your Vehicle?

After a UPS truck hits your vehicle, seek immediate medical attention for injuries, report the accident to the police, and initiate a claim directly with UPS. Consult a personal injury lawyer if faced with inadequate settlement offers or claim denials, as UPS has teams of adjusters aiming to minimize payouts despite their insurance coverage.

Here’s a step-by-step guide:

Step 1: Report Your Accident to the Police

Immediately after a UPS truck hits your vehicle, take the first and most important step by reporting the accident to the police. Dial emergency services to ensure law enforcement arrives at the scene promptly. While waiting for the police, ensure the safety of everyone involved by moving to a secure location if possible.

Once the officers arrive, provide a thorough and accurate account of the accident. Share essential details such as the exact location, time of the accident, and any visible damages or injuries. If there are witnesses, request their contact information for potential statements. Additionally, take photographs of the accident scene, capturing the positions of the vehicles and any relevant road conditions.

Cooperate fully with the responding officers, and be sure to obtain their names and badge numbers. Don’t forget to request a copy of the police report, as this document is critical evidence for insurance claims and potential legal actions.

The report not only outlines the objective details of the accident but also includes the officer’s assessment of fault, which can significantly impact the resolution of your case. This comprehensive reporting approach ensures thorough incident documentation, strengthening your position in any subsequent claims or legal proceedings.

Step 2: Seek Medical Attention for Your Injuries

Right after the accident and contacting the police, prioritize seeking immediate medical attention for any injuries sustained. Even if injuries seem minor initially, some conditions may manifest later. Visit an emergency room, urgent care, or your own healthcare provider for a thorough examination.

Prompt medical attention not only ensures your well-being but also establishes a critical link between the accident and any injuries. Medical records serve as essential documentation for insurance claims and legal proceedings. Delaying or neglecting medical care may undermine your health and compromise your ability to pursue compensation for injuries later on.

Additionally, if you wait too long to get necessary medical treatment, the company might argue that your injuries are not directly related to the truck accident. This can jeopardize your chances of receiving fair compensation.

Moreover, keep all your medical treatment records, including bills, prescriptions, and any recommended follow-up care. These records will strengthen your case and provide a clear timeline of your injuries in case of legal action.

Step 3: Initiate a Claim with UPS

Once you’ve reported the accident to the police and sought medical attention, the next crucial step is to initiate a claim with UPS. Contact UPS’s claims department promptly and provide detailed information about the accident, including the police report and medical records.

Be thorough in documenting damages to your vehicle and any other losses incurred due to the accident. Include photographs, repair estimates, and any relevant receipts. Clearly outline the impact of the accident on your daily life, such as missed workdays or ongoing medical treatments.

Step 4: Consult a Truck Accident Lawyer

After reporting the accident and initiating a claim with UPS, the next crucial step is to consider consulting a personal injury lawyer. UPS may offer settlements that fall short of your rightful compensation or, in some cases, may even attempt to deny your claim.

Despite carrying up to $1 million of insurance coverage, UPS may not readily accept your claim, often deploying teams of adjusters to minimize payouts. Your lawyer will handle the complexities of negotiations with UPS and ensure you receive fair compensation. 

Statistics of UPS Truck Accidents in New York

Statistics of UPS Truck Accidents in New York

UPS trucks are a common sight in the bustling streets of New York. According to their recent report, a whopping 125,000 of these large trucks hit the road daily for deliveries. But with great numbers come unavoidable accidents.

Despite UPS’s safety efforts and its traffic safety program, accidents involving their trucks are still prevalent. Over the 24 months leading to March 9, 2023, the Federal Motor Carrier Safety Administration (FMCSA) reported a significant 2,886 crashes involving UPS vehicles. These accidents resulted in 1,204 injuries and 67 unfortunate fatalities.

Moreover, UPS’s internal data reveals an alarming frequency, indicating that a UPS truck accident occurred approximately four times daily in the United States between 2019 and 2021. These statistics highlight the challenges UPS faces in ensuring road safety, emphasizing the need for ongoing efforts to lower the frequency and severity of truck accidents.

Can You Sue the UPS Company or the Driver?

Yes, you can sue both UPS and the driver. In cases where negligence or fault lies with the driver, a personal injury lawsuit may be directed towards them. Simultaneously, if the accident results from systemic issues within UPS, such as inadequate training or vehicle maintenance, the company itself could be held accountable.

Moreover, you can explore the concept of vicarious liability, attempting to prove that the actions of the UPS driver were within the scope of their employment. This could hold the company accountable for the driver’s actions. UPS has an extensive insurance policy for all its drivers so that they don’t have to pay a lot of their own money in a lawsuit. Even if your claim is more than what the insurance covers, UPS has enough money to pay for your damages.

Usually, it’s better to sue the company first in a UPS truck accident because you might not get much money from the UPS drivers. However, consulting an experienced truck accident attorney is essential. They assess your case details and guide you on the appropriate course of action, protecting your legal rights. 

How Do You Prove the Fault in the UPS Truck Accident?

UPS Delivery

To establish fault in a UPS truck accident, focus on four key elements:

  1. Duty of Care: Show that the UPS driver had a duty of care while on the road. This duty is a legal responsibility to drive safely and follow traffic laws.
  2. Breach of Duty: Demonstrate that the UPS driver breached this duty of care through their wrongful actions, such as speeding, reckless driving, or violating traffic rules.
  3. Causation: Establish a direct link between the UPS driver’s breach of duty and the accident. Demonstrate that their actions were a significant factor leading to the collision.
  4. Damages: Provide compelling evidence of the damages you suffered as a result of the accident, including medical bills, vehicle repair costs, lost wages, and any pain and suffering.
  5. Collecting detailed information, eyewitness accounts, and police reports strengthens your case. It helps prove fault and seek rightful compensation for UPS truck accident consequences.

What Compensation Can You Get in a UPS Truck Accident Claim?

You can get compensation for both economic and non-economic losses resulting from a UPS truck accident. Your compensation amount includes reimbursement for medical expenses, lost wages, and any lost earning capacity due to disabling injuries. 

Additionally, you may get compensation for pain and emotional suffering, property damage, and loss of consortium for your family. In severe cases where UPS or its driver acted exceptionally poorly, you might even get additional punitive damages.

To figure out how much you could receive, there’s a method called the multiplier formula. This involves adding up your financial losses (like medical bills and lost income) and multiplying the total by a number between 1 and 5. The chosen number reflects how much the accident has affected your life. For instance, a multiplier of 5 is for catastrophic accidentsor cases leading to wrongful death.

How Can a Lawyer Help If You Get Hit by the UPS?

A truck accident lawyer is your go-to expert if you get hit by UPS. They’re well-versed in the ins and outs of these cases and can guide you through the complexities. From gathering evidence to dealing with big companies, a lawyer protects your rights.

They will advocate on your behalf, aiming for fair compensation. If necessary, they are prepared to initiate legal proceedings in court. Having a truck accident lawyer on your side means you have a knowledgeable advocate working to secure the best possible outcome for your situation.

Take Action with Uptown Injury Law, PLLC

If you’ve experienced a UPS truck accident in the Bronx, Manhattan, Queens, Brooklyn, or the New York City Metro Area. Uptown Injury Law, PLLC, is here to fight for you. With over 15 years of experience, our truck accident attorneys know how to handle the difficulties of accident cases, ensuring you receive the compensation you rightfully deserve. Contact us today at 917-540-8728 for a free consultation, and let us advocate for your rights.

FAQs

Is There a Time Limit for Filing a UPS Truck Accident Claim?

Yes, filing a UPS truck accident claim has a time limit, referred to as the statute of limitations. It varies by state, so consulting with a personal injury lawyer promptly is crucial to ensure compliance with specific deadlines. In New York, for instance, the general statute of limitations is three years from the date of the accident.

How Much Does It Cost to Hire a Personal Injury Lawyer for a UPS Truck Accident Claim in NY?

Most personal injury lawyers in NY work on a contingency fee, meaning you only pay them if they successfully win your case. Typically, they receive a percentage of the final settlement or court award. This arrangement ensures that legal representation is accessible to individuals seeking compensation for UPS truck accidents without upfront costs.

Can I File a UPS Truck Accident Claim If I Didn’t Seek Medical Attention Immediately?

Yes, you can still file a UPS truck accident claim even if you didn’t seek medical attention immediately. However, it’s crucial to consult with a personal injury lawyer. They can help navigate potential challenges in proving the link between your injuries and the accident due to delayed medical treatment.

What Should I Do If UPS Offers a Settlement That Seems Inadequate?

If UPS offers a settlement that appears inadequate, never accept it. Instead, it’s advisable to consult with a personal injury lawyer. They can assess the fairness of the offer, negotiate on your behalf, and guide you on whether to accept or pursue further legal action to secure appropriate compensation.

Can I File an Accident Claim If I Was Partially at Fault for the UPS Truck Accident?

Yes, you can still file an accident claim even if you were partially at fault for the UPS truck accident. However, the compensation amount may be subject to reduction based on the degree of your fault. It’s essential to discuss your case with a personal injury lawyer familiar with New York’s comparative negligence laws.

How To Calculate Compensation in a UPS Truck Accident Claim?

In a UPS truck accident claim, the compensation calculation involves adding economic damages, such as medical expenses and lost wages. Then, multiply this sum by a chosen severity factor, typically between 1 and 5. Finally, non-economic damages, like pain and suffering, are added to estimate the total compensation amount.

Is UPS Self-insured?

Yes, UPS is self-insured, meaning they handle claims internally rather than through an external insurance company. They cover their own costs for vehicle damage, and medical benefits extend to their drivers.

What Causes UPS Truck Accidents in NY?

Various factors can cause UPS truck accidents in NY. This includes driver fatigue, high delivery demands leading to rushed driving, adverse weather conditions, and potential issues with vehicle maintenance. Additionally, heavy traffic in metropolitan areas like New York City may contribute to the risk of UPS truck accidents.

Who Is Liable If You’re in an Accident with a UPS Truck?

Determining liability in an accident with a UPS truck involves assessing the specific circumstances. If the UPS driver is at fault due to negligence or wrongful actions, they may be held personally liable. Alternatively, if systemic issues within UPS, like inadequate training or maintenance, contribute to the accident, the company could be liable.

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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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