Car accidents involving commercial vehicles like FedEx often result in catastrophic injuries due to the size and weight of the truck. Your injuries can leave you with piling medical bills, time away from work, and an uncertain future. After being hit by a FedEx vehicle you may wonder, “How do I file a claim for an accident with FedEx?” Below, our Los Angeles FedEx truck accident lawyers discuss what to know about FedEx accidents and filing a claim for damages.
How Do I File a Claim for an Accident With FedEx?
At the Law Offices of Steers & Associates, we represent accident victims in a wide variety of personal injury cases, including FedEx accidents. If you or a loved one have suffered serious injuries after an accident with FedEx, contact our law firm. We provide a free consultation to discuss your unique situation. We can answer your legal questions, discuss your legal options, and determine whether we can help you with your case. Call our law firm at (800) 824-5416 or submit our online contact form to get started.
FedEx Truck Crash Statistics
FedEx has hundreds of thousands of FedEx trucks in its fleet that move freight and deliver packages to residential and commercial locations. Every day, FedEx 1drivers handle millions of packages. With its large fleet of vehicles moving a significant volume of packages daily, accidents happen.
While the exact numbers vary each year, the Federal Motor Carrier Safety Administration (FMCSA) routinely reports hundreds of FedEx-involved accidents annually, some of which result in fatalities. Over the last two years, FedEx trucks have been involved in more than 2,800 traffic accidents. These accidents have resulted in more than 900 injuries and 80 fatalities.
More so, it has received more than 3,900 unsafe driving violations over the last two years. Many of these violations have been for speeding, including:
- 670+ violations for speeding six to 10 miles per hour over the speed limit
- 460+ violations for speeding 11 to 14 miles per hour over the speed limit
- 410+ violations for speeding 15 or more miles per hour over the speed limit
How Do FedEx Truck Accidents Happen?
While there are myriad reasons for FedEx truck accidents, some of the common causes include:
FedEx Driver Negligence
Unsafe driving habits are a leading cause of accidents involving FedEx trucks. Reckless or negligent driving can include a wide range of behaviors. According to the FMCSA, FedEx’s most common unsafe driving violations include:
- Lane restriction violations
- Failure to obey traffic signals
- Texting or talking on the phone
- Failure to maintain traffic lane
- Improper lane changes
- Following too closely
- Distracted driving
In addition to FedEx’s most common violations, other negligent behaviors that can lead to accidents include:
- Drowsy driving: Drivers must adhere to the FMCSA’s Hours of Service (HOS) regulations. These regulations limit how long a driver can operate a commercial truck without breaks. HOS regulations are meant to deter drowsy driving, which can result in serious accidents.
- Driving under the influence: Legal and illegal substances can impair a driver’s ability to safely operate large commercial vehicles. While it is less common, some accidents occur because a FedEx truck driver drives under the influence of alcohol or drugs.
Vehicle Maintenance Issues
FedEx, like all commercial transportation companies, is responsible for maintaining its delivery trucks in a safe, operable condition. Truck drivers are also responsible for maintaining a truck’s safety.
However, failures in maintenance can occur, leading to issues such as brake failure, tire blowouts, or other mechanical problems. When equipment fails, serious accidents can happen.
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What to Do if You Are in an Accident With a FedEx Vehicle
Knowing the steps to take following an accident can make a significant difference in protecting your rights and ensuring you have the necessary information to file a strong claim. While every case is different, we recommend following these basic steps if a FedEx truck hits you:
1. Check for Injuries
In the immediate aftermath of the accident, the first thing to do is ensure your safety and the safety of others. Before getting out of the vehicle, check yourself for any visible injuries. If you feel and look okay, check on any passengers before checking on the other involved parties or any other parked car involved in the accident.
2. Call Law Enforcement
When a FedEx truck hits you or another car, you should call 9-1-1 to report the accident to the police, even if it seems minor. If anyone is injured, this is the time to request emergency medical attention. Law enforcement will ensure that emergency medical responders come to the scene.
If police come to the scene, they will create an official police report that documents the details of the accident. This police report can be crucial later when filing an insurance claim or a lawsuit.
3. Document the Scene
If it is safe to do so, take photographs of the accident scene. Taking photos preserves visual evidence of the scene and can be vital pieces of evidence for your potential claim.
Our Los Angeles FedEx truck accident lawyers recommend taking photos of the following:
- Any visible injuries you have sustained
- Damages to your vehicle
- The FedEx truck, including its license plate
- Positions of the vehicles at the scene
- Location of the accident, such as mile markers or landmarks
- Road conditions
- Weather conditions
Additionally, take note of the exact location of the accident, the time, the weather conditions, and any other factors that might have contributed to the crash.
4. Collect and Exchange Information
Before leaving the accident scene, you need to get important contact and insurance information from the FedEx truck driver. For example, you should obtain the following details:
- FedEx driver’s name D
- river’s contact information
- Driver’s license number
- Personal insurance provider and policy number
- FedEx truck’s license plate number
- Commercial insurance provider and policy number
If other vehicles were involved in the crash, obtain and exchange the same information with them. If there are witnesses to the accident, ask for their contact information too. Their account of the accident can help support your potential FedEx accident claim.
5. Seek Medical Attention
Even if you do not believe you have been injured or have suffered only minor injuries, you must not refuse medical care and seek medical attention as soon as possible. Some injuries, such as whiplash, concussions, and internal bleeding, may not present symptoms immediately but can cause serious long-term issues if left untreated.
Additionally, for a successful FedEx accident claim, you must be able to prove that your injuries were a direct cause of the accident. Your medical records from seeking an immediate medical evaluation and tests can be vital documentation for linking your injuries directly to the accident.
6. Report the Accident to Your Insurance Company
Notify your own auto insurance company about the car accident. Your insurance policy likely requires you to report any damage within a certain amount of time. We recommend sticking to the basics of the accident and staying factual when providing information. Do not make assessments of the damage, liability, or injuries in your accident report.
7. Keep a Record of Expenses and Injuries
You should maintain a file with your accident and claim-related paperwork. For example, you should keep medical bills, repair estimates, and proof of any other expenses related to the accident.
Also, consider keeping a journal detailing your injuries, treatments, and how your injuries affect your daily life. This information can be crucial when seeking compensation.
8. Consult With a FedEx Car Accident Lawyer
Finally, consider consulting with a personal injury attorney experienced in handling FedEx and other commercial vehicle accident cases. An attorney can help you understand your legal rights and the next steps to take to protect your personal injury claim. Additionally, an attorney can help you understand your legal options for recovering compensation for your injuries.
Remember, FedEx is a huge corporation and will have a team of attorneys representing its interests. An experienced FedEx accident lawyer can protect your rights and advocate for your right to compensation.
Common Injuries Following FedEx Truck Accidents
Due to their significant size and weight, vehicle accidents with large commercial trucks and delivery vehicles like FedEx vehicles often result in traumatic injuries or fatalities. Common injuries may include, but are not limited to:
- Traumatic brain injuries
- Spinal cord injuries
- Broken or crushed bones
- Internal injuries
- Soft tissue injuries
- Wrongful death
In addition to physical injuries, victims may suffer psychological trauma, such as post-traumatic stress disorder (PTSD) and depression.
What Types of Compensation Can You Recover if Hit by a FedEx Truck?
You may be entitled to monetary damages if you have been hit by a FedEx truck driver. Victims of a truck accident can seek compensation for various damages, including economic damages and non-economic damages.
Economic damages are financial losses you have incurred as a result of the accident. Examples of economic damages include, but are not limited to:
- Current medical expenses
- Future medical expenses
- Rehabilitation costs
- Lost wages
- Vehicle repairs or replacement costs
- Other personal property damages
Non-economic damages are harder to calculate because they are non-monetary losses. Examples of non-economic damages in a car accident include, but are not limited to:
- Physical pain
- Emotional distress
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
In rare cases, you may be able to recover punitive damages. Punitive damages are meant to punish the negligent party for especially egregious behavior. For example, if the FedEx driver was drunk or under the influence and caused significant damages, the accident victim may receive punitive damages.
Every case is different, so the value of your claim and the types of damages you can recover vary depending on your case’s unique circumstances. We recommend working with an attorney who can help you calculate the full extent of your damages to ensure you pursue fair compensation.
Who Is Liable if a FedEx Truck Hits Me: FedEx or Its Driver?
The question of liability will depend on the unique circumstances of the accident. If you are confused about whether to sue FedEx or the driver, under the law, an employer can be held liable for negligent actions of its employees when the employee is doing business for the employer. This situation may be the case if a FedEx driver has injured you.
FedEx has commercial liability insurance coverage for its employees. However, the FedEx driver who hit your car may not be an employee of FedEx. FedEx drivers can also be independent contractors or employees of another company that FedEx uses to move freight and deliver packages.
If the driver is an independent contractor, they may solely be liable for your damages. In contrast, if the driver is an employee of one of FedEx’s service providers, you may be able to file a claim against their employer’s commercial insurance policy.
An experienced FedEx truck accident lawyer can investigate your case and help you determine who is responsible for your damages. More than one party may share responsibility for your injuries.
When Is FedEx Liable for a FedEx Truck Accident?
As a major delivery company, FedEx is responsible for ensuring that its employees and FedEx delivery trucks meet and maintain commercial regulations. If it fails to adhere to these regulations, it may be liable for an accident that occurs and causes damages.
Examples of FedEx’s responsibilities include, but are not limited to:
- Qualified drivers: FedEx is responsible for hiring safe and qualified drivers. This responsibility includes ensuring its drivers meet federal laws to drive a commercial truck. For example, FedEx drivers must have a clean driving record, a commercial driver’s license (CDL), and meet certain physical and mental health standards to operate their vehicles safely. FedEx must also ensure FedEx truck drivers have the proper training to operate a large commercial truck.
- Hours of Service regulations: FedEx must ensure its drivers comply with federal Hours of Service (HOS) regulations set by the FMCSA. These regulations limit the number of consecutive hours a commercial truck driver can operate without taking a break. These regulations are meant to prevent driver fatigue, a common cause of accidents. Unfortunately, these rules are sometimes violated, resulting in accidents. FedEx’s most common HOS violation is false driving logs.
- Vehicle safety: Along with its drivers, FedEx is responsible for ensuring the safety of its trucks. FedEx must regularly inspect, repair, and maintain its trucks. FedEx’s top vehicle maintenance violations include inoperable truck lights, leaking or flat tires, and broken turn signals. If an accident results due to a maintenance violation, FedEx may be liable for damages.
Demanding Compensation for an Accident With FedEx
When you are ready to demand compensation after undergoing medical treatment, your attorney will draft a demand letter. A demand letter will state what happened, why the party is liable for your damages, and the monetary value of your case. Additionally, it will include evidence to support your claim.
Your attorney will send your demand letter to the liable party’s insurance company, which may be insuring FedEx, the driver, the driver’s employer (if not FedEx), or another party. Due to the complexities of truck accident claims, you may pursue compensation from more than one party.
Your demand letter may result in a settlement or further negotiations between you and the liable party. If a settlement cannot be reached, your attorney may recommend litigating your case in court.
How a Lawyer Can Help You With Your FedEx Accident Claim
Navigating a FedEx accident claim can be complex and challenging, particularly given the potential liability issues and all the regulations that apply to the industry. An experienced attorney can provide invaluable assistance by:
- Investigating the accident and determining accident liability
- Preserving and gathering evidence for your claim
- Calculating the value of your claim
- Determining available insurance coverage
- Handling communication with the at-fault party’s insurance company
- Negotiating fair compensation for your medical expenses, lost wages, and other damages
- Representing you in court, if necessary
Will My FedEx Accident Case Go to Litigation?
Most personal injury cases settle before going to litigation. However, some cases do require that a lawsuit be filed. If the insurance company denies your claim or refuses to provide a fair settlement, it may be in your best interest to proceed with litigation. An experienced attorney can help you prepare for this possibility and will advocate for your rights throughout the process.
Schedule a Free Case Review With Our Los Angeles FedEx Truck Accident Lawyers
Have you or a loved one been injured in an accident caused by FedEx? If so, consider starting an attorney-client relationship with our Los Angeles truck accident attorneys to discuss your unique situation. We provide a free consultation to discuss your legal options for recovering compensation and determine whether we can help you.
At our law firm of Law Offices of Steers & Associates, we have extensive experience and success representing Southern California accident victims. We may be able to help you recover compensation for your damages too. Call us at (800) 824-5416 or fill out our online contact form to schedule a free case review.
Allen Vaysberg practices personal injury law and works tirelessly to defeat the tactics of insurance companies and large corporations who try to deny justice and fair compensation to injured people.