Throughout 2022, UPS delivered an average of 24.3 million packages every day for an incredible profit of over $100.3 billion! Considering those statistics, it’s no wonder why you see so many UPS vehicles traversing the roadway.
That’s great for business and for customers alike, but seeing that driving is a part of the job, getting into an accident is always a potential hazard that comes with the territory.
If you get involved in a UPS truck accident, then there are specific steps you should take to keep your rights intact and your legal options open. If you believe someone else caused your accident and your losses are adding up, then it might be your best option to start considering if filing a claim is a good idea. Your circumstances might allow you to seek out a claim for compensation from the responsible party.
Learn more about UPS-related crashes, your legal options, how to handle an accident, and how our legal team can help you navigate a claim below.
Atlanta UPS Truck Accidents: An Overview
Are you currently typing into Google, “I was in a UPS truck accident yesterday! What do I do?” After a collision that led to injuries and losses, it’s important to get informed about your options and rights because you might not be fully responsible for bearing the costs of the crash.
What’s more, UPS freight accidents can lead to substantial losses, especially when the accident involves a heavy, loaded truck and a much smaller traditional vehicle. Your losses might not only be immediate but extend into the future if it takes time to recover from your injuries. Some injuries are so severe that you’ll never fully recover.
In these situations, it makes sense to consider filing a claim.
There are several steps you’ll need to take first before you get to filing a claim, though. For one, you’ll need to figure out what caused your crash and who might be responsible. From there, you’ll need to properly value your losses and then consider various insurance policies that might come into play, too. In this article, we’ll go over everything you need to know to navigate your UPS accident and potential claim.
Can I File a Lawsuit Against UPS?
One of the most commonly asked questions after a UPS truck accident is – can I file a claim against UPS? The answer will depend on the exact circumstances of your crash. To determine the answer in your case, you first need to determine who was at fault for the accident.
UPS might be the company you seek compensation from if they were the ones who behaved negligently and caused your accident. They might also be held legally responsible for your accident if the crash was caused by an employee who was acting within the scope of their work duties. In other words, when a delivery driver who is an employee of UPS and was acting reasonably but caused a crash, the company can still be held responsible under the theory of vicarious liability.
A UPS claim is going to be complicated as you go through these questions and accident details.
Analyzing Your Accident for Negligence and Fault
The first step in determining if you have any type of legal claim for compensation is figuring out whether negligence was a factor in your UPS truck accident.
Negligence is a legal term that is defined as a breach in one’s legal duty to provide for the safety and care of others. All drivers automatically assume a legal duty to provide for the care and safety of other motorists and pedestrians on the road. UPS also assumes a legal duty to provide for the care and safety of their employees and motorists. Under these legal doctrines, drivers are expected to drive as safely as possible and employers are expected to ensure their vehicles are well maintained, their drivers are following safety regulations, and no laws or safety procedures are being disregarded by employees.
When negligence causes an accident, that party will be considered at fault under Georgia’s laws. That means they’ll be held financially responsible for any losses associated with the crash.
There are many behaviors displayed by drivers, UPS, or other parties that amount to legal negligence. Below, we’ll go over a few examples.
UPS Driver Error or Negligence
Human error is the top cause of most accidents. When a driver makes even a minor mistake, it can be extremely costly. Driver negligence encompasses many behaviors like:
- Fatigued driving
- Eating, drinking, or smoking behind the wheel
- Texting while driving
- Reckless driving
- Aggressive driving
- Failing to adhere to traffic laws
- Improperly loading cargo
- Drinking and driving
If you suspect that the UPS truck driver made an error or was driving in a negligent manner, then it’s a good idea to get in touch with a UPS lawyer. Under the law in Georgia, a negligent driver will be considered at-fault and financially responsible for the crash.
Things will be more complicated, though, considering that the driver was likely working for UPS when the accident happened. An experienced UPS crash attorney will have experience overlooking the company’s insurance policies and how they apply to various accident situations.
If you got into an accident with a different type of driver, like a FedEx driver for instance, then consider hiring a FedEx truck accident lawyer who will have more experience reviewing contracts and insurance policies with that company.
UPS Truck Failure
UPS also has a legal obligation to ensure that all of their UPS trucks are in full operating condition. To remain compliant, UPS should get their trucks regularly inspected as well as issue a maintenance schedule that every driver must adhere to. When these regulations aren’t followed, a UPS truck can fail at a critical moment, resulting in a crash.
When truck failure is determined to be caused by a lack of maintenance, UPS could be held responsible for the losses you’ve experienced.
Defective or Malfunctioning UPS Truck Parts
UPS trucks might also fail when they have malfunctioning or defective parts. The manufacturer of UPS trucks has a legal duty to provide for the safety and care of everyone who purchases and uses their products. When one of their products causes an injury while being used as expected, the manufacturer of that product or part can be held legally responsible for the losses.
If you believe a malfunctioning or defective part might have contributed to your crash, then get in touch with a UPS lawyer. The truck part manufacturer likely has a legal team, and you should be as equally as prepared as the opposing party before you get in touch with them about a potential claim. Get in touch with a Atlanta trucking accident lawyer to get started.
Other Common Reasons for UPS Truck Accidents
UPS truck accidents aren’t always the result of negligence on the part of someone else. Sometimes, an accident might be caused by your own recklessness or negligence. If you think you were also partially at fault for your accident, then it might still be worth your time to invest in a consultation with a UPS lawyer. As long as you were not more than half at fault for the accident, you can still collect partial compensation from another party who played a bigger role in your crash.
What Should I Do After a UPS Truck Accident?
Have you just been involved in a UPS driver accident today? Are you currently attempting to figure out how to handle the aftermath of your crash scene? After an accident with a UPS truck, it’s crucial to carefully think about your next steps. There are certain things you need to do to protect your rights, and there are also some things you shouldn’t do to ensure that you don’t ruin any potential future claim. Below, we’ll go over how to handle your accident situation step-by-step.
Report the Accident
First, report your accident to the proper authorities. Never listen to other parties who advise you not to involve the police. For one, it will be difficult to prove that an accident happened if you don’t have the police come out to the accident site and write a report. For another, calling the police out to the accident will help everyone get the proper medical attention that they might need. The authorities will also be able to safely clean up the road so that no other drivers are impacted by the debris of your accident.
Seek Medical Care
Next, it makes the most sense to check out the extent of your physical injuries. When accidents are serious, it might be best to go to the emergency room for treatment. In less threatening circumstances, it still makes sense to schedule a full physical checkup with your doctor as soon as possible. The longer you delay your medical care, the harder it will be to argue your case.
Follow Your Doctor’s Orders
Always follow your doctor’s orders when it comes to healing from your injury. If you don’t, then it’s possible for the party you file a claim against to argue that you made your injuries worse. This could result in less compensation or even none at all.
Contact Your Insurance Company
You always need to report a UPS semi truck accident to your insurance company even if you were not at fault and you don’t plan on filing a claim with your own insurance provider. Your insurer always wants to be kept up to date regarding the status of your vehicle. If they find out you were in a crash and never reported it, then your policy could be cancelled altogether.
Do Not Speak with UPS Insurance Representatives or Other Insurance Adjusters Until You Speak With a Lawyer
It’s always best to consult with a UPS truck accident attorney before you talk to any other insurance representatives or adjusters. Just like in criminal court, anything you say to an insurance provider can be used against you later. If you make a seemingly innocent statement like, “my injuries aren’t that bad,” then that statement could later be used against you when you pursue compensation.
Do You Have the Basis for a Claim? Looking at Your Losses
After you’ve gone through the steps you need to take after a crash, you might start to realize that your losses are substantial. From the medical costs associated with your injury to the income you’re losing out on, the extent of your losses will play a big role in whether or not seeking out a claim is in your best interests.
You’ll also need to think about who was negligent in your accident. If you need help identifying the negligent party or valuing your losses, then a UPS lawyer can help. If you were involved in an accident with a different type of delivery driver, like Amazon for example, then it might be better to look for an Amazon delivery van accident lawyer with experience handling Amazon accidents.
How to File a Claim Against UPS or Another Negligent Party
It’s best to have a UPS truck accident attorney walk you through the steps of filing a claim against UPS or another negligent party because the stronger your case is upfront, the more likely the other party is to settle quickly. To file a claim, you first need to document all your losses, prove that negligence played a role in your crash, and inform the other party about your situation. From there, you’ll negotiate with the responsible party or the insurance company providing coverage for the situation. Most cases settle at this stage.
The right UPS lawyers are skilled at building a strong case up-front so you won’t have a long drawn-out claims process. A UPS lawyer will also field the negotiations process so that you don’t have to.
Hiring a lawyer with the right experience is crucial. For instance, if you got involved in an 18-wheeler crash, then an 18-wheeler accident lawyer will be best equipped to handle your case.
Consult with a UPS Truck Accident Attorney Today
An accident with a UPS truck can lead to significant losses. When someone else caused your crash, there is legal recourse. Depending on the situation, a number of parties could potentially be liable, so it might be best to consult with a UPS truck accident attorney before you speak with any insurance adjusters, UPS agents, or other accident investigators.
Here at Singleton Law Firm, we can help ensure you are informed about your rights and legal options before you make any statements about what happened in the accident. We can help you value your losses and determine whether filing a claim against the negligent party makes sense. If so, then we’ll help you navigate the complexities of your UPS claim from start to finish.
Schedule a consultation with our office now to get started.