Yes, you can sue after an accident with a UPS truck. However, these cases can be complicated and you will likely be facing large legal and insurance teams who are determined to give you as little as possible for your injuries.
An attorney with Coffey Trial Law can help you through the complicated process of determining liability and securing the compensation you deserve for an accident in the Fort Lauderdale area. Call for a free consultation: 954-541-3194.
Why do UPS accidents happen?
Accidents involving delivery vehicles such as UPS trucks happen for a variety of reasons. The most common include:
- Driver fatigue: Delivery driving is a difficult job with tight deadlines. In many cases, drivers flout hours of service rules and drive much longer than allowed to get deliveries done quicker. This exhaustion can contribute to deadly accidents.
- Failure to stop at lights or signals
- Texting or talking on the phone (banned by the Federal Motor Carrier Safety Administration [FMCSA])
- Merging/changing lanes improperly: Delivery trucks have larger blind spots than other vehicles and are slower to accelerate, which makes joining the flow of highway traffic or changing lanes more difficult and dangerous.
- Lack of proper driver training: Delivery truck drivers in Florida must maintain a valid commercial driver’s license (CDL). It is the responsibility of the trucking company to check drivers’ backgrounds and make sure they are up to date on licensing.
- Defective equipment: A malfunctioning trailer hitch or brakes could result in an accident that is the fault of a parts maker or repair company.
- Sudden stops: UPS trucks make frequent stops to deliver packages. Drivers might stop suddenly or change directions when searching for an address. If the truck’s brake lights are out or if the driver stops without warning, the following driver could rear-end the truck.
Any of these factors can make multiple parties responsible for your accident.
Who is liable for a crash with a UPS truck?
This can be complicated. There are more factors to consider when assigning fault in an accident involving a truck than those only affecting cars, which are typically settled among the two parties and their insurers. Trucking in Florida is regulated by state law as well as the FMCSA. With two different sets of regulations to consider, determining liability in a crash with a UPS vehicle can be difficult.
We must also note that UPS is responsible for anything its employees do inside their trucks. This means if the truck driver caused the accident, UPS will actually be the liable party.
UPS can also be directly liable if it:
- Failed to maintain its trucks
- Pushed its drivers to drive longer than legally allowed
- Hired a driver with a history of crashes, reckless driving, etc.
A third party such as a maintenance company or manufacturer might be liable if the accident stemmed from a defect or shoddy maintenance.
A truck accident lawyer from Coffey Trial Law can help you sort through the confusing process of determining liability for a UPS truck accident.
What damages are recoverable in a crash involving a UPS vehicle?
UPS trucks are larger and heavier than cars. Delivery vehicles can weigh up to 80,000 pounds, which means damages and injuries to the other motorist are likely to be more severe than in accidents involving two cars. You can recover compensation such as:
- Medical expenses
- Damage to your vehicle or other property
- Lost wages during recovery from your injuries
- Pain and suffering
In outlying cases, the driver or trucking company may also need to pay punitive damages if the negligence is extreme.
UPS drivers are insured through Liberty Mutual and have a $1 million policy. This means you can recover up to $1 million for your injuries (how much is available depends on the number of victims).
What can I expect if I sue UPS?
UPS is a multibillion-dollar company, and its fleet of trucks is on highways all over the country, so some accidents are going to be inevitable. UPS vigorously defends itself in lawsuits and aggressively lobbies lawmakers to relax industry regulations that keep other motorists safe, so these cases are not easy wins for accident victims.
If you decide to sue UPS, you can expect an uphill battle. UPS is a global company likely backed by an experienced insurer and large legal team. You will need to determine a liable party, gather evidence (most of which will be in UPS’s hands), prove negligence, and negotiate with the insurer. You must do all of this while attempting to recover from your injuries or care for an injured loved one.
But you do not need to do it alone. Our team can manage your entire claim for you. When you enlist our help, we do the following:
- Send UPS a spoliation letter requesting it preserve any evidence that might be necessary for your claim.
- Manage all communication with the insurer. This takes much of the stress off your shoulders and keeps you from saying something that might jeopardize your claim.
- Manage negotiations for your case
- Prepare your case for court in case UPS does not offer you a fair settlement
If you or a loved one has been injured in an accident with a UPS driver, call Coffey Trial Law to arrange a free consultation and begin the process of recovering the damages you are owed: 954-541-3194.