Yes, depending on the circumstances of your case, if you were involved in an accident with a FedEx truck, you can sue.
As soon as possible after your FedEx accident, contact a Fort Lauderdale truck accident lawyer to review your case. If the FedEx driver was at fault in the crash, an attorney from Coffey Trial Law can get to work, collecting evidence and building your legal case. In many cases, we can avoid drawn-out legal proceedings by negotiating a favorable settlement with the company’s insurance carrier.
Call us today: 954-541-3194.
What factors contribute to FedEx truck accidents?
Much like any other type of trucking accidents, crashes involving FedEx vehicles are commonly caused by:
- Commercial driver error
- Mechanical failure
- Poorly maintained delivery vans and trucks
- External factors
Driver error, the most common cause of accidents, may involve recklessness, distracted driving, impairment from drugs or alcohol, failure to observe traffic laws, or improper training. Tired driving is also a risk, especially if the driver has spent more than the allowable number of hours behind the wheel, as specified by the Federal Motor Carrier Safety Administration (FMCSA).
A Coffey Trial Law truck accident lawyer will identify the relevant facts that led to your accident and use these facts to establish liability for your damages.
Who is at fault for my FedEx accident?
Because of the theory of vicarious liability, even if a FedEx driver caused your accident, you will instead hold FedEx liable. This is because FedEx is liable for the actions of its employees, so long as those employees act in the scope of their employee (i.e., while delivering packages).
Suing FedEx allows you to recover a fuller settlement than you would from one of its drivers.
However, holding FedEx vicariously liable is not as easy as it seems. Depending on the driver’s duties, he might be an employee or an independent contractor. And employers are not responsible for the actions of independent contractors, which FedEx will likely take advantage of.
If the driver in your crash was an employee, you could hold FedEx liable for all your injury-related damages. If FedEx claims that the driver was an independent trucking contractor (or employed by one), proving FedEx had liability in your accident will require a bit of extra effort and investigation.
You do not want to handle a claim against FedEx alone. FedEx has a large legal team behind it to deflect any accusations of fault. And if you do not know the difference between an independent contractor and employee (as most people without a legal background do not), FedEx might use that against you and just claim the driver is an independent contractor.
This means you will only be able to recover compensation from the independent contractor whose insurance policy will likely be much too small to cover your injuries.
An accident attorney from Coffey Trial Law will explore the relationship between the driver and carrier and, if applicable, any independent contractors that are involved. We know the subtle differences between independent contractors and employees and will be able to catch FedEx if it is misclassifying the driver in your accident.
We might also be able to hold third parties such as the maintenance team or even a manufacturer liable if your accident resulted from a defect or shoddy maintenance.
How can I protect my legal rights after an accident with a FedEx truck?
There are three big things you can do to protect your legal right to compensation after an accident with a FedEx truck:
Keep Up with Your Medical Care
One of the worst things you can do for your claim is skipping medical appointments or ignoring your doctor’s orders. If you do so, FedEx’s insurer will likely claim that you are contributing to your injuries or that they are not as severe as you originally claimed.
Watch Who You Speak to About Your Accident
If you get into an accident with a FedEx van or truck, the company will have its own insurance adjuster review the incident. In most cases, the adjuster will call you and attempt to get you to agree to a recorded statement, where the adjuster will likely try to convince you to admit fault for the accident. (And it is much easier than you think; the adjuster can twist your words and turn your apology into an admission of guilt.)
It is imperative that you never discuss your accident with any representative of FedEx or its insurance carrier as the insurer can use anything you say in this call against you. Instead, direct the adjuster to speak with us.
Talk with an Attorney
To protect your right to sue for a FedEx truck accident, discuss your case with an attorney right away. You will need to gather as much evidence as possible to support your legal claim and to prove negligence. Unfortunately, this is almost impossible for the average citizen, especially because much of the evidence is in the hands of the trucking company.
A commercial vehicle attorney from Coffey Trial Law will know what information you need to build a legal case — and how to locate it before FedEx attempts to destroy it (which FedEx can legally do). We can mobilize investigators immediately to collect evidence and witness statements before memories fade and the accident scene is cleaned up.
If FedEx offers me a settlement, should I accept it?
In most cases, no. Because FedEx will be motivated to settle your claim as quickly and as inexpensively as possible, the settlement will likely be much less than you deserve. Instead, run your case by a Fort Lauderdale truck accident lawyer and ensure your settlement covers the following:
- Medical expenses (current and future)
- Lost wages
- Lost earning capacity
- The costs of modifying your car or home to accommodate your disability
- Pain and suffering damages
Our team will examine the evidence in your case and help you gather your records to determine the value of your case. We will negotiate with FedEx until it offers you a settlement you deserve. If not, we will take it to court and let a jury decide.
Find a local accident lawyer to help you sue FedEx.
A Fort Lauderdale trucking accident lawyer can handle every aspect of your lawsuit against FedEx and help protect your rights under the law. Your Coffey Trial Law attorney will understand how to build a strong case and work to help you obtain a fair settlement for the injuries.
If you were involved in an accident with a FedEx truck in the Fort Lauderdale area, contact Coffey Trial Law today to schedule your complimentary consultation and case review: 954-541-3194.