10/7/2023 0 Comments Fedex add insurance![]() ![]() ![]() Some products may not arrive at their delivery locations in pristine condition after being shipped. to discuss your FedEx or UPS truck accident today: 40.The majority of people who ship items often choose FedEx. Schedule a free consultation with the Law Office of Jason R. You do not need to handle this on your own. There are many things to handle and investigate when proving liability for the accident with a UPS or FedEx truck. Proving who is at fault is hard and time-consuming. Our Law Firm Can Help Those Injured In Fedex Truck Accidents A shipping company: If unsecured or poorly loaded cargo contributed to the accident, the shipper or cargo loader might be liable.UPS or FedEx might still be liable if the accident resulted from a lack of maintenance. A mechanic: If poor maintenance caused the accident, we might be able to hold the mechanic liable.A manufacturer: If the accident resulted from a defective truck part, we can hold the manufacturer liable.Another driver: If another driver behaved negligently, we can prove that driver’s negligence and recover compensation from his insurance company.What if Another Party is to Blame for the Accident with a FedEx Truck?ĭepending on the factors of the accident, another party may have caused or contributed to the accident. We will look into the driver’s personnel file and determine whether the driver is an employee or independent contractor. As such, the driver himself, not the company, is responsible for the accident costs. The trucking company will claim that the driver was not an employee, but rather an independent contractor. This is a common tactic UPS and FedEx use to absolve themselves of liability. What if UPS or FedEx Claims the Driver is an Independent Contractor? The driver was acting recklessly (e.g., speeding, swerving, etc.).If the driver was texting or talking on the phone, we will subpoena the driver’s phone records to prove it. It is illegal for truck drivers to text while driving. The driver was texting behind the wheel.If the driver was fatigued when he caused the accident, we can obtain his logbooks to determine how long he had been behind the wheel. Drivers can only drive a certain number of hours at a time. The driver violated hours of service laws.How Can I Prove UPS or FedEx Is Liable for the Accident?įirst, we must prove the driver was negligent. We will protect you against the trucking company and its insurer. Unfortunately, it also means dealing with a large trucking company and experienced insurance company. This can be good news if you have injuries or damages, as employers usually have better insurance than the driver. This is called “vicarious liability” and means you can sue both the driver and the company for your costs from the accident, so long as the driver caused the accident while acting within the scope of his employment. While you can hold the truck driver liable, FedEx and UPS are responsible for accidents their drivers cause while working. In a typical car accident, the driver who caused the accident is the liable party. Who Is Responsible if the Truck Driver Caused the Accident with a UPS Truck? Who is responsible for an accident with a UPS/FedEx truck depends on who behaved negligently.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |