FREE CONSULTATION

FedEx Truck Hit My Car: Who Is Liable to Pay My Damages

If you’ve been hit by a FedEx truck, you’re likely dealing with severe injuries, costly vehicle repairs, and lost wages from missed work. However, before you proceed to file a Fedex truck accident claim, determining who’s at fault is critical. 

It may include not just the FedEx driver but also FedEx itself, the freight loader, the truck manufacturer, other drivers, passengers, or even the city responsible for maintaining the roads.

At Uptown Injury Law, PLLC, our experienced FedEx truck accident lawyers understand the nuances of such cases. We thoroughly analyze every detail of your case, help you calculate the total value of your damages, and guide you through the claims process. Schedule a free case evaluation by calling us at 917-540-8728.

who is liable to pay for my damages if I get hit in a fedex truck accident in NY?

Who Could Be Held Liable in an Accident Involving a FedEx Truck?

After a Fedex truck accident, several parties could be legally responsible for your damages. These may include the following:

  • FedEx driver
  • The Fedex company
  • New York Municipal Authority
  • The cargo loaders
  • Other motorists

Determining liability in a FedEx truck accident is complex. It involves investigating various elements. These may include analyzing the scene of the accident, whether Fedex followed the protocols set by FMCSA, or if any third party was involved in the accident. 

At Uptown Injury Law, PLLC, our team has the resources for thorough investigations, knows how to handle the negotiations with an insurance company, and, if necessary, pursue litigation. Our Fedex truck accident attorneys are ready to manage all legal aspects of your case as effectively as possible. Get a free case review today!

Factors That Influence Liability in FedEx Truck Accident Cases

There are various factors that could influence liability in truck accident claims. These may involve driver negligence, vehicle maintenance records, manufacturing defects, negligent cargo loading, and negligence of Fedex itself. 

Below is a list of common factors that might influence your case and why you need to consider them to maximize your compensation. 

The Reckless Actions of the Fedex Truck Driver

If the accident occurred due to a Fedex truck driver’s negligence, the driver’s auto insurance is typically responsible for covering your damages. According to the Federal Motor Carrier Safety Administration (FMCSA), various behaviors qualify as driver negligence, making the driver accountable for any resulting damages. These include:

  • Speeding
  • Failure to yield to the right of way
  • Railroad grade crossing violations
  • Failure to obey traffic laws
  • Speeding or swerving
  • Improper lane changes or turns
  • Lack of training and inexperience
  • Driver fatigue
  • Distracted driving, such as texting while driving

If any of these negligent actions by the FedEx driver led to an accident, you can file a claim against the at-fault driver’s insurance company.

The Maintenance Records of the Vehicle

If a mechanical failure was the primary cause of the truck accident, FedEx could be held liable for not properly maintaining its vehicle. The Federal Motor Carrier Safety Administration (FMCSA) sets strict standards for vehicle maintenance to ensure safety on the roads. 

At Uptown Injury Law, PLLC, our attorneys will thoroughly examine the FedEx truck’s maintenance records to determine if these standards were violated. Moreover, our team will also identify lapses in maintenance that can directly link to FedEx’s liability, allowing us to effectively pursue the compensation you deserve. This investigation is critical as it helps establish whether the accident was preventable and who is legally at fault.

Manufacturing Defects in the Trucks or Trucking Parts

Manufacturers have a legal obligation to meet stringent safety standards and ensure their trucks are safe for operation. When they fail to do so, and a defect leads to an accident, they can be liable for damages resulting from their negligence.

Hence, if your accident was caused by a defect in the vehicle, the Fedex truck manufacturer may be held accountable under product liability laws. This accountability extends to every component of the truck, from critical engine parts to essential safety systems. 

Issues With Cargo Loading

If cargo shifts during transit, it can disrupt the driver’s control of the vehicle, leading to accidents. In these instances, the party responsible for cargo loading may be liable if their negligence in adhering to proper loading protocols contributed to the accident. 

The Actions of FedEx Itself

FedEx may be vicariously liable for the actions of its drivers under the doctrine of “Respondeat Superior,” which holds employers accountable for their employees’ actions while on duty. This means that if a FedEx driver was on duty during an accident, the company could be responsible for any resulting damages.

Additionally, FedEx’s policies, training, and operational procedures can impact liability. For example, if the company fails to properly train its drivers, enforce safety regulations, or engage in negligent hiring practices, it could be held liable for the accident. 

How to Prove Negligence of an At-Fault Party Following a FedEx Truck Accident?

To establish negligence following a FedEx truck accident, you must prove four key elements: duty of care, breach of duty, causation, and damages. This involves demonstrating that the FedEx driver was obligated to drive safely, failed to meet this obligation, directly caused your injury through this failure, and that you incurred damages as a result.

However, to support your claim, you’ll first need to carefully document the accident scene. This may include eyewitness accounts, photographs of the vehicle damage and your injuries, and obtaining the police report. 

Additionally, expert testimony can play a key role in proving your case. For instance, accident reconstruction experts can investigate the specifics of the crash by recreating the event and providing critical insights to pinpoint the fault.

How to File a FedEx Truck Accident Lawsuit Against At-Fault Party?

personal injury lawsuit accident involving fedex trucks

If you’re involved in a FedEx truck accident in New York, you must first file a claim with your insurance. If your damages surpass the coverage limits, you may then pursue legal action against the responsible party and go beyond the no-fault system to get additional coverage for your damages. 

However, before starting the claims process, you’ll first need to build a strong foundation for your claim. This may involve gathering:

  • Footage from the accident scene, witness statements, and the police report.
  • Medical records to document the seriousness of your injuries.
  • Expert testimony to substantiate liability and quantify damages.

Make sure to get help from an experienced Fedex truck accident lawyer to gather all the above documents. Your lawyer will use this evidence to negotiate with an insurance agent of the liable party to secure a fair settlement. If negotiations fail to yield adequate compensation, your lawyer might have to take your case to court and represent you in front of the jurors. 

Our Fedex truck accident attorneys at Uptown Injury Law, PLLC, are ready to assist you throughout the claims process. We will investigate the case to collect evidence, handle legal matters, and secure the settlement cheque you deserve and we do it all at no out-of-pocket cost to you. Call us at 917-540-8728 to schedule a free case review.

What Is the Time Limit to Sue the At-Faulty Party After a FedEx Truck Accident?

In New York, you have a time limit of three years from the date of the accident to file a lawsuit against FedEx or its drivers for compensation. Missing this deadline typically results in losing the right to sue. However, there are exceptions that may extend this period:

  • For minors, the statute will extend until they reach the age of 18.
  • If FedEx or the driver temporarily relocates out of state, the statute may be paused.
  • Extensions may also be granted if you or the injured party are mentally incapacitated.

For claims involving municipal authorities in NYC, you must file a notice of claim within 90 days and a lawsuit within one year and ninety days of the accident. 

Damages You Can Claim After a FedEx Truck Crash

You can obtain compensation for the following damages through a FedEx accident claim:

  • Future and current medical bills or lost wages.
  • Property damage like vehicle repairs and replacement.
  • Punitive damages for the at-fault party’s negligent actions.
  • Pain and suffering, including mental anguish and loss of quality of life.

To secure financial compensation for these damages, you can schedule a free consultation with an experienced truck accident attorney at Uptown Injury Law, PLLC. We have 15+ years of expertise in settling personal injury claims and will do everything to ensure maximum settlement for your case.

How Much Compensation Can You Get for FedEx Truck Accident Damages?

The typical settlement range for moderately severe FedEx truck accidents is between $70,000 and $110,000. However, this figure does not account for pain and suffering compensation. In New York City, there is no cap on pain and suffering damages. This means you can seek a settlement that accurately reflects your emotional and physical distress. There are several factors that can impact your final settlement amount, including:

  • The severity of your injuries
  • Medical expenses incurred
  • Lost wages due to missed work
  • Any resulting disabilities or disfigurement
  • The overall impact on your quality of life

To determine the accurate worth of your Fedex truck accident settlement, contact our personal injury attorneys at Uptown Injury Law, PLLC. Moreover, our team will help you evaluate all aspects of your case so that insurers do not lowball you. 

Contact Uptown Injury Law New York Fedex Truck Accident Lawyers

When it comes to Fedex truck accident claims, the choice of an attorney can make or break your case. At Uptown Injury Law, PLLC, we are more than just lawyers; we are dedicated advocates of auto accident victims with a track record of over $100 million in successful verdicts and/or settlements. 

Moreover, our team has won the prestigious “National Trial Lawyers 40 Under 40” and the “America’s Top 100 Personal Injury Attorneys” awards. Our commitment to helping injured New Yorkers is further backed by the hundreds of 5-star reviews by our previous clients. 

If you get hurt in a Fedex truck accident in the Bronx, Manhattan, Brooklyn, Queens, or New York City, contact our Fedex truck accident lawyer at 917-540-8728 to schedule a free case review

FAQs

What to Do If a FedEx Truck Hits Your Car?

After a FedEx truck collision, prioritize safety and document the scene. Take photos of the damaged vehicle, the truck’s position, and any relevant signs. Record the truck’s number and any identifiers. Furthermore, report the incident to the police and contact FedEx to start the claims process.

Finally, you must consult an attorney to defend your rights. At Uptown Injury Law PLLC, we’re committed to securing the best possible outcome for you. Additionally, we will provide expert legal representation and compassionate support when you need it the most. Contact us at 917-540-8728 for assistance with your case.

How to Check if a FedEx Driver’s Bad Driving Record Caused Your Accident?

To determine if a FedEx driver’s poor driving record contributed to your accident, request the driver’s employment files during the discovery phase of your case. These records can reveal whether FedEx hired someone with a history of driving offenses or failed to train them adequately. 

Therefore, understanding the driver’s background is crucial for establishing liability and strengthening your claim. Our team at Uptown Injury Law PLLC can help you navigate this process and fight for the fair compensation you deserve. Contact us at 917-540-8728 to get help from a seasoned Fedex truck accident lawyer. 

Are FedEx Drivers Employees or Independent Contractors?

Legally, FedEx drivers are usually considered employees, not independent contractors. This distinction is crucial in personal injury claims, as it allows FedEx to be held liable for its drivers’ actions while on duty. 

What Should I Do if Fedex’s Insurance Company Contacts Me After an Accident?

If FedEx’s insurance company contacts you after an accident, avoid admitting fault or giving recorded statements without consulting a lawyer first. This is because insurance adjusters often aim to reduce payouts by disputing claims. 
Instead, let your Fedex truck accident attorney handle communications to safeguard your rights.

If you need legal help, contact Uptown Injury Law, PLLC by calling us at 915-540-8728. Our experienced team will represent you in negotiations or in court to secure a maximum settlement for your losses.

How Does an Attorney Determine Liability in Accidents Involving FedEx Drivers?

Fedex truck accident attorneys establish liability by gathering crucial evidence. This may include police reports, witness statements, vehicle maintenance records, and driver logs. Moreover, they interview witnesses and collaborate with accident reconstructionists to build a strong case against those responsible.

Can I Seek Compensation for Ongoing Care Required Due to Injuries From a FedEx Truck Accident?

Yes, you can seek compensation for both ongoing and future medical care required due to injuries from a FedEx truck accident. This includes immediate medical costs, lost earnings, and other related damages. Your lawyer, aided by financial experts, will accurately calculate these expenses to ensure your claim covers the full compensation you deserve.

GET FREE CASE EVALUATION

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

This content is trustworthy because it has been thoroughly researched, fact-checked and reviewed by experts in the field. The information provided is accurate and reliable, and sources have been cited to ensure transparency and credibility. The authors or publishers of this content have a reputation for producing high-quality, unbiased material. Additionally, any potential conflicts of interest or biases have been disclosed. Overall, readers can trust that the information presented in this content is trustworthy and credible.