Can you sue UPS if a delivery driver hits your car? You may be able to sue UPS if a delivery driver hits your car.
Companies are often liable if their employees behave negligently while on the clock. If the delivery driver would otherwise be at fault, UPS may be liable for damages arising from an accident. Consult an Arlington truck accident lawyer today.
Determining Whether You Can Sue UPS Directly
In general, if a UPS delivery driver hits your car while they are driving their route, UPS would be held liable.
There are several factors your attorney will look at to determine if suing UPS directly is the best course of action.
Assess Whether the Driver Was Working Within the Scope of Employment
Similar to other delivery companies, UPS will sometimes contract with independent drivers who utilize their own vehicles to deliver packages. If this is the case in your accident, your attorney will look at whether or not the driver was working at the time of the accident.
Evaluate if UPS Training, Scheduling, or Safety Violations Contributed
UPS drivers must complete specific training before they are allowed to deliver packages. If inadequate training, over-scheduling, or failure to adhere to safety protocols led to an accident, UPS may be held liable.
Determine Whether UPS-Owned Equipment Malfunctioned
UPS is required to maintain all vehicles and equipment. If manufacturers’ service schedules are not adhered to, any resulting injury could make UPS liable.
Consider Whether UPS Policies Pressured the Driver to Act Negligently
Tight schedules and overworked drivers can lead to more accidents. If strict deadlines lead to UPS drivers acting recklessly, such as speeding, running stoplights and stop signs, or driving distracted, UPS may be found liable for contributing to the negligence.
UPS is responsible for properly screening, training, and scheduling its employees and contractors. If they fail to do so, or fail to maintain the equipment for which they are responsible, and it leads to an accident, UPS could be found liable, and you could sue UPS directly for their driver hitting your car.
UPS Truck Injuries Can Be Serious
It may be worth your while to sue UPS if their driver hits your car, as injuries sustained in a truck accident could be debilitating.
Working with an attorney will help you to secure compensation for your suffering. Common injuries seen in UPS truck accidents can include:
- Concussions or traumatic brain injuries
- Broken bones
- Lacerations
- Spinal cord injuries
- Internal organ injury
- Back injury
- Hip injury
- Soft tissue damage
UPS truck accidents can be detrimental, leading to long-term pain and disability. You must receive prompt medical care. This not only builds your case but also protects you physically. Regardless of severity, you deserve to be compensated for injuries sustained due to someone else’s negligence.
Liability Is Key In UPS Truck Accidents
Understanding who is liable in an accident is necessary when considering suing UPS for their driver hitting your car. Texas adheres to a modified comparative negligence doctrine (Sec. 33.002). This means that even if you are partially liable, as long as you are less than 51% at fault, you may still be able to recover some damages in an accident.
If you are entitled to damages, the total payout could be reduced by the percentage of responsibility that falls on you. For example, if you are found to have $100,000 in damages, but are found to be 20% liable, you would then receive $80,000 rather than the full amount.
With this in mind, insurance adjusters often attempt to displace blame onto you so that their required payout is less. This is why you mustn’t make any formal statements to insurance companies without first obtaining legal representation. Your attorney will know how to handle insurance providers and speak on your behalf to avoid any self-incriminating statements.
You Could Be Entitled to Damages
When suing UPS for their delivery driver hitting your car, there are several different forms of damages that you could deserve compensation for. Each situation is different, but consulting with an Arlington personal injury lawyer will help you understand your case. Common damages you may be entitled to can include:
- Medical bills
- Future medical expenses, including treatments, devices, and therapies
- Loss of income
- Loss of earning potential
- Property damage
- Pain and suffering
If you have been injured, you should not also be on the hook for expenses. Be sure to track anything that you have paid out of pocket, and keep detailed records of repair estimates and medical costs. These can all contribute to your settlement offer.
Other Potentially Liable Parties
Even if it is a UPS driver who hits you, there could be other parties that are partially or fully responsible for the accident. Sometimes, the driver could be held legally accountable if they are shown to have been extremely negligent or have committed intentional wrongdoing. If that is the case, you could sue for punitive damages as well.
Additionally, if roads were not properly maintained, including adequate lighting, well-marked street signs, and working traffic lights, the municipality or local government could be held responsible for the accident. Governments are responsible for ensuring that public roads are properly maintained and safe.
Other drivers may also be held liable in the event of an accident involving a UPS truck. Oftentimes, motorists drive more recklessly around delivery trucks to avoid getting stuck behind a vehicle making frequent stops. If their actions caused the incident, they and their insurance company could be liable.
The Texas Law Dog is Here to Fight For You
After an accident involving a UPS truck, the team at The Texas Law Dog will help you understand if you can sue UPS for their delivery driver hitting your car.
We believe that as the victim, you deserve fair representation for all you have been through. As your hometown attorney, we will fight for the justice you deserve.
