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Who Can You Sue in FedEx Accident Claims?

fedex truck accident lawsuits

In claims involving FedEx truck accidents, you can sue various parties, such as the FedEx driver, the company itself, vehicle manufacturers, or even municipal authorities in charge of road maintenance. However, determining liability can be complex as it may vary based on different factors like the involvement of third parties or defects in the vehicle, etc. 

If you’ve been involved in an accident with a FedEx truck and are unsure who is at fault, Uptown Injury Law, PLLC, is here to provide you the legal support. We will conduct an on-site investigation, gather evidence, and consult industry experts to pinpoint the responsible party. Schedule your FREE CASE EVALUATION today with our personal injury lawyer or call us at 917-540-8728

Who Bears Liability in FedEx Accident Claims?

When a FedEx truck is involved in a crash, it’s challenging to determine liability. This is because such incidents often lead to serious injuries and severe property damage, leaving you questioning who is responsible for your losses. In such situations, liability could rest with one or several parties, which may include the following, such as: 

Truck Driver 

Just like any truck driver, a FedEx delivery driver may be liable for your injuries if the driver’s negligent or reckless behavior led to your accident. These actions may include:

  • Distractions or fatigue behind the wheel
  • Speeding to meet tight deadlines
  • Inadequate training
  • Neglect in vehicle maintenance
  • Carelessness in hazardous road conditions

To establish the driver’s fault, you must gather strong evidence to link the driver’s negligence directly to your damages. This may include photographs of an accident scene, expert testimony, and witness accounts.

FedEx Itself for Negligence

If a FedEx employee is involved in an accident while on duty, you can hold FedEx responsible under the principle of vicarious liability. This legal doctrine ensures that FedEx is accountable for the actions of its employees when they are operating vehicles within the scope of their employment. Moreover, FedEx bears the responsibility of ensuring that its drivers comply with the following commercial regulations, including:

  • Hiring drivers with clear driving records and valid commercial driver’s licenses (CDLs).
  • Ensuring drivers meet specific health standards necessary for the safe operation of large commercial vehicles.
  • Adhering to federal Hours of Service (HOS) regulations to prevent driver fatigue.

If an accident occurs due to FedEx’s failure to fulfill these obligations, you may have a strong claim against the company to seek compensation for your damages or injuries.

Cargo Loading or Delivery Company

Proper cargo loading is important for safe transportation. When a vehicle is not loaded correctly, drivers may struggle to maintain control, potentially causing serious accidents. If your accident is caused by improper cargo loading, you may hold the delivery company or cargo loader responsible for the damages you’ve incurred. 

Municipal Authority for Poor Road Maintenance

Proper road maintenance is necessary to reduce the risks of accidents. Overlooked hazards, such as potholes, faded road markings, or insufficient signage, can directly lead to accidents. If you’re involved in such an accident, municipal authorities must be responsible for your injuries or damages. However, liability may vary depending on several factors:

  • Negligent actions of the other drivers involved.
  • Any maintenance issues in the vehicle.
  • Manufacturing defects in the parts of the vehicle.

In such cases, it’s wise to consult a personal injury attorney immediately after your accident. Your attorney will conduct a thorough investigation, secure all necessary evidence, and hire expert witnesses to find out who bears responsibility for your accident.

How Can Negligence Be Established in a FedEx Truck Accident?

proving fault in fedex truck accident cases

To establish negligence after a Fedex truck accident, you need to demonstrate the following elements, such as:

  • The FedEx driver had a duty of care to drive safely and responsibly.
  • The driver breached their duty of care by engaging in unlawful or careless behavior.
  • Driver’s negligent actions, such as tailgating or speeding, caused your accident.
  • You incurred severe damages from the accident, such as medical expenses and lost income.

What Evidence Do You Need to Prove Liability in a FedEx Truck Wreck Claim?

To establish liability in a FedEx truck accident claim, you must gather strong evidence against the responsible party. This may include: 

  • Photos of the crash site from multiple angles. 
  • Poor road or adverse weather conditions. 
  • A copy of the police report.
  • Statements from witnesses.
  • Expert testimony. 

By collecting these details, you can confidently prove the at-fault party’s negligence and how the accident occurred. 

How Can You File a Claim for a FedEx Truck Accident?

To file a claim following a Fedex truck crash, you must consult an experienced attorney. They will examine your accident details and start your claims process by sending a detailed demand letter to FedEx’s insurance provider. The demand letter is a formal request to seek compensation for the damages and losses you’ve endured. In the demand letter, your fedex truck accident attorney will include:

  • The date, time, and exact location of the accident.
  • A thorough description of your injuries and any property damage.
  • Strong evidence of FedEx’s liability, supported by witness accounts and official accident reports.
  • A specified compensation amount to cover your medical bills, lost wages, and emotional distress.

Upon receiving the demand letter, the insurance company will engage in settlement negotiations with your lawyer. However, if these negotiations fail to produce a favorable outcome, your lawyer will take your case to court by filing a lawsuit against the responsible party.

Once legal action has been taken, you’ll enter into a discovery phase, during which your Fedex truck accident attorney will present all evidence and expert testimonies. Through skilled negotiation and confident representation, your attorney aims to secure the highest compensation you deserve for your losses.

How Do New York State Laws Impact Your Claim?

In New York, you’re covered by no-fault insurance law. Under this law, you first file a claim under Personal Injury Protection (PIP) coverage, regardless of who is responsible for the crash. But, if your injuries meet the serious injury threshold or the costs of your damages surpass the limits of your PIP coverage, you may sue the liable party for additional coverage. 

How Long Do You Have to File a FedEx Accident Claim?

If you’re involved in a truck accident with FedEx, the timeline to file your claim may vary depending on the state where your accident occurred. For example, in New York, you have three years from the accident date to file a Fedex truck accident claim for personal injuries. 

However, if the accident tragically results in a wrongful death, this deadline is reduced to just two years. Moreover, if a New York governmental entity is at fault for your accident, you must file a notice of claim within 90 days following the accident. 

In such cases, it’s important to consult with a fedex truck accident lawyer to determine your eligibility and to pursue fair compensation for your losses. Remember that delayed action will lead to the dismissal of your claim from the court, and you may lose your opportunity to seek compensation.

How Can a FedEx Truck Accident Attorney Help With Your Claim?

A FedEx truck accident attorney can help you in the following ways to ensure you have a solid claim in your favor, such as: 

  1. Conduct interviews with witnesses and gather necessary documents to strengthen your case.
  2. Engage in negotiations with the insurance company to secure maximum settlement on your behalf.
  3. Hire specialists to understand the nature of your injuries and obtain an accurate testimony about the incident.
  4. Take your case to trial if the settlement does not meet your expectations. 
  5. Evaluate the full worth of your damages so the claim covers all your medical expenses (current & future) and lost wages. 
  6. Manage complex laws governing commercial trucking and Fedex delivery companies. 
  7. Work on a contingency fee basis, meaning they only take fees if they win your case.
  8. Offer emotional support and guidance through the legal process, providing peace of mind during a challenging time. 

Having a lawyer by your side can guarantee maximum compensation in personal injury cases against major corporations like FedEx. However, tackling such a case on your own with no legal knowledge can pose considerable risks. With an experienced lawyer, you benefit from the excellence of the legal team, which is experienced in handling similar claims.

Consult Uptown Injury Law New York FedEx Truck Accident Lawyers Today!

Have you or a loved one been impacted by a FedEx truck accident? These accidents can be life-altering, leaving you with physical injuries, emotional trauma, and hefty medical bills. At Uptown Injury Law, PLLC, we understand that such incidents can place an immense burden on you and your family.

With more than 15 years of experience in personal injury law and over $100 million in client settlements, we know how to handle the complexities of your case. We know this is a difficult time, and we can help you in various ways, such as:

  • Free Case Review: We will review your case details and explain your legal options so you can access top-tier legal representation without any financial worries.
  • Investigate the Accident: Our legal team will work tirelessly to understand the cause of the accident and identify all liable parties.
  • Fight for Maximum Compensation: We will defend your interests against a strong Fedex insurance team to secure the highest compensation on your behalf. 
  • Handle All Communication With Insurers: We’ll deal with an insurance representative and their legal teams so you can focus on healing.

So, don’t wait and begin your FREE CASE REVIEW today and give us a call at 917-540-8728.

FAQs

What Mistakes To Avoid After a FedEx Truck Accident?

After a FedEx truck accident, do not leave the scene without reporting the crash to the police. Next, document your accident location, such as taking photographs and securing contact information from any witnesses. Additionally, seek medical evaluation immediately, regardless of the severity of your injuries. 

Following this, refrain from admitting fault in front of strangers and accepting any settlement offers from an insurance company. Most importantly, consider contacting an experienced personal injury attorney. A qualified lawyer will clarify your legal options and help you secure a fair settlement. 

What Kind of Compensation Can You Get in an Accident With a FedEx Delivery Truck?

If you’re involved in an accident with a FedEx truck, you could be entitled to compensation for a range of damages. These may include economic damages like property repair costs, medical bills, lost wages, and future earnings. 

Additionally, you might be eligible for non-economic damages, which address emotional distress and physical impairments you’ve suffered. In some cases, you could also get punitive damages, which serve to punish the wrongdoer and deter similar conduct in the future.

Will the At-Fault FedEx Driver’s Insurance Company Pay for My Damages?

Yes, if the at-fault driver is 100% responsible for your accident, their insurance will cover your losses related to the incident. The reason is that in New York, you can’t directly sue the negligent party unless your injuries meet a serious injury threshold. 

If your accident occurred in New York, you must first file a claim with your own insurance company under your PIP coverage. If these costs exceed your policy’s limits ($50,000), you can pursue a claim against the FedEx driver. This claim will cover further out-of-pocket expenses you’ve incurred.

Can You Sue FedEx for an Accident Caused by a FedEx Employee?

Yes, if a FedEx employee causes an accident while performing their duties, you may hold FedEx responsible under the legal principle of vicarious liability. This doctrine holds Fedex accountable for its employee’s actions when they operate Fedex vehicles within the scope of their employment. 

To establish that the employee’s negligence directly resulted in the accident, you need to gather strong evidence to support your claim. In such cases, reach out to Uptown Injury Law, PLLC. We will conduct an on-site investigation and collect all the evidence to build a strong foundation for your case.

How Soon Should You Consult a FedEx Truck Accident Attorney?

You should consult a FedEx truck accident attorney immediately after your accident to explore your legal options. By engaging a skilled lawyer right away, you preserve all the evidence and increase your chances of a successful claim and lawsuit. 

Get in touch with Uptown Injury Law, PLLC for a top-tier legal representation for your case. We offer 100% free consultation to discuss your case in detail. Call us now at  917-540-8728.

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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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