Who Is Liable After an Accident with a UPS or FedEx Truck?
If you live in a state that is an “at-fault” state, such as California and Nevada, there is the need to determine who caused a vehicular accident. In an “at-fault” state, each party’s insurance company pays for the damages to the other parties according to the degree of fault. Fault for causing an accident may be a proportion of 100%.
For example, if two drivers are involved and are equally responsible for causing an accident, then the fault would be 50% for each driver.
Insurance adjusters investigate claims for an accident to determine how much they are willing to pay for covered damages. Insurance adjusters often try to dispute the determination of who is at fault for causing an accident. If the insurance adjusters of the involved parties cannot agree, a lawsuit may be necessary to settle the dispute.
What if I am hit by a FedEx or UPS truck?
It is possible to name the driver of a delivery truck as a co-defendant and the delivery company in a lawsuit for damages. However, most employees are covered by the insurance that the company maintains on their vehicle fleet.
Are delivery companies always responsible?
In general terms, the company may be responsible for anything that happens involving their delivery vehicles. Some unusual cases where a delivery truck was stolen created liability for the delivery company in California.
Under California law, the vehicle owner may be liable for damage caused by a stolen vehicle if the vehicle was not properly secured. For example, if the delivery driver leaves the truck running with the key in the ignition while dropping off a package and the truck is stolen, these special circumstances involve a foreseeable risk that may make the company liable if the truck is involved in an accident.
However, under Nevada law (N.R.S. § 484B.530), the vehicle owner is not liable for injuries if a thief steals the vehicle involved in an accident.
What to do about an accident with a FedEx or UPS truck?
If you have an accident with a FedEx or UPS truck, here are the steps to take:
- Call 9-1-1 to get an emergency response to help you.
- Get the police to make an accident report.
- Get the delivery truck driver’s license number and the plate number on the truck.
- Get medical attention and a checkup, even if you feel uninjured, because you may not feel some injuries right away.
- Do not talk about the accident to anyone besides the police at the scene without first talking with your attorney.
- If possible, take as many photos as you can from all angles of the accident scene, any injured parties, and all the vehicles involved.
- Get the contact information of any witnesses.
- Call your attorney at (281) 475-4535 for a free consultation.
If you follow these steps, you will preserve your rights and help your attorney make a stronger case for a claim to cover your damages. In addition to damages, your claim may cover medical bills and lost income. If the accident is the delivery truck driver’s fault, you also want to be fairly compensated for your pain and suffering.