Is FedEx Responsible if I’ve Been Injured in a Delivery Truck Crash?

With making purchases online at an all-time high, delivery truck drivers, such as those of FedEx, work diligently to deliver hundreds of packages daily. Although their sole purpose is to make these deliveries in a timely and safe manner, that is not always the case. Delivery truck accidents happen more than most people realize.

If you were injured in an accident with a FedEx delivery truck, you might be wondering whether you can pursue compensation for damages suffered, such as medical expenses and lost income. Although a personal injury lawsuit may be possible, determining liability can be challenging, and you may face an uphill battle with the insurance company.

For this reason, it is crucial to hire an experienced lawyer to represent you. You shouldn’t have to stress about navigating the claims process while dealing with the aftermath of your collision.

The New York delivery truck accident attorneys at Finz & Finz, P.C. have extensive experience representing victims of FedEx truck crashes. We have the resources to handle every aspect of your case so you can focus on your recovery.

Contact Finz & Finz, P.C. today to discuss your situation and let us advise you of your legal options. We offer a free consultation to all prospective clients.

Common Causes of Delivery Truck Crashes

While the most common causes of delivery truck accidents involve driver negligence, other forces outside of driver error can also contribute to a collision. Some common causes of FedEx truck crashes include:

• Distracted driving – Distracted driving involves any activity that causes a driver to take their attention away from the task of driving, such as texting, talking on the phone, eating and drinking, or adjusting the radio.
• Driver fatigue – Delivery truck drivers work long hours and must meet strict deadlines. If a delivery truck driver is overworked, they can become tired. Fatigue can inhibit a truck driver’s ability to focus on the road, leading to accidents.
• Recklessness – Failure to yield the right-of-way to oncoming traffic, failure to obey traffic signage, unsafe lane changes, speeding, tailgating, and other types of reckless driving.
• Intoxicated driving – Alcohol and/or drugs impair drivers’ judgment and reduce their reaction time. Drunk and/or drugged delivery truck drivers may fail to notice road hazards and traffic signs, leading to accidents.
• Failure to perform safety inspections – If FedEx or another delivery truck company fails to carry out regular maintenance and inspections of their trucks, mechanical failures can cause a collision.
• Hazardous conditions – Inclement weather conditions can contribute to these incidents, particularly if the delivery truck driver fails to adjust their speed to account for the severity of the weather. 

Who is Liable for a Delivery Truck Crash?

New York is a no-fault state. In No-Fault auto insurance states, motorists typically turn to their own personal injury protection policies (PIP) to cover medical expenses and lost income. However, suppose you were seriously injured in the accident. In that case, you could step outside New York’s no-fault system and file a third-party claim or personal injury lawsuit directly against the at-fault party.

To present a successful claim, you’ll need to prove negligence. You must be able to show that the truck driver (or another party) had an obligation to prevent other motorists from being harmed, that they failed to meet that obligation through some form of negligence (such as texting), that their negligence led directly to the accident and your injuries, and that because of the accident, you suffered compensable losses, such as medical expenses or emotional distress.

Depending on the circumstances of the crash, you might be able to hold the truck driver, their employer (FedEx), a negligent third-party maintenance company, defective parts manufacturers, and/or another party liable. However, establishing liability in a truck accident could be complicated.

It may be possible to claim vicarious liability in a FedEx delivery truck collision. Vicarious liability is a legal concept that holds an employer responsible if their employee causes an accident through negligence. If the employee caused the accident during their work duties, you could hold FedEx liable for damages instead of pursuing a claim against the driver. However, if the driver is an independent contractor, you will likely need to file a claim against the driver instead of FedEx.

FedEx may also be liable if they failed to hire an experienced driver, failed to provide them with the proper training, failed to supervise the driver on the job properly, or were negligent in some other manner that contributed to the crash.

FedEx might not accept liability for the collision immediately. Each truck in its fleet carries a $1,000,000 insurance policy, so the company’s representatives will likely do everything they can to protect the company’s bottom line. This means denying, delaying, or diminishing your personal injury claim.

If FedEx refuses to offer a fair settlement, your lawyer might recommend filing a lawsuit to seek damages in court. This is why hiring an experienced trial lawyer is crucial. If your case needs to go to trial, you’ll want to have an attorney who has the skill and experience to fight for you…and win.

What Damages Can I Recover after a FedEx Truck Crash?

If you were hurt in a FedEx truck crash, you could be owed compensation for your injuries and financial losses. Depending on the severity of your injuries and other factors, you could potentially recover compensation for:

• Present and future medical expenses, including hospital bills, surgery costs, prescription medication expenses, rehabilitative care, mental healthcare costs, and more
• Lost income if you have to take time off work to recover
• Future lost income if the accident leaves you temporarily or permanently disabled
• Personal property damage, including vehicle repairs
• Pain and suffering and other non-financial damages, such as emotional distress, mental anguish, anxiety, depression, loss of quality of life, and post-traumatic stress disorder caused by the accident

Financial damages are often easier to calculate than quantifying intangible losses like pain and suffering. An attorney could help determine what compensation the at-fault party owes you. They can then aggressively seek that compensation, whether at the negotiation table, or court.

Contact Finz & Finz, P.C. Today

If you were injured in a crash with a FedEx truck, the company or another entity might owe you significant compensation. Contact the New York delivery truck accident lawyers at Finz & Finz, P.C. today for a free case review.