Every single day, United Parcel Service (UPS) trucks make their way across the country, delivering packages to homes and businesses. But what happens if you’re injured in a UPS truck accident? Can you sue UPS for personal injury?
The answer to this question depends on the circumstances of your case. If you were hit by a UPS truck while walking or driving, then you may have grounds to file a personal injury lawsuit. However, in a no-fault state like Florida, it may be difficult to recover damages if the truck driver is at fault.
Continue reading to find a discussion on the grounds on which you can sue UPS for personal injury and what evidence you will need to prove your case. To learn more about your legal options after being injured by a UPS truck in Hallandale Beach, contact Jared Spingarn, Accident Attorney for a free consultation.
Do UPS truck accidents happen all the time?
A UPS driver can deliver more than 100 packages daily, and the company employs more than 110,000 UPS drivers to make these deliveries. When the pandemic hit the world in 2020, UPS reported over 20 million global deliveries in that year alone. With this many drivers on the road, it’s not surprising that UPS truck accidents happen from time to time.
In a three-year period in the United States alone from 2019 to 2022, UPS trucks got into an auto accident more than three times a day. This resulted in a total of 2,865 UPS truck accidents from 2020 to 2022, with 68 auto accidents deemed fatal.
If you get into a car accident with a UPS truck, you could end up with injuries to yourself, the delivery drivers, and also any other drivers involved. These serious injuries can be costly in terms of medical bills and the time that victims need to recover from the UPS accident. Thus, many accident victims opt to file a UPS accident lawsuit to recover compensation.
A truck accident attorney from the law firm of Jared Spingarn, P.A. can assist you in filing a personal injury claim. Once you begin your attorney-client relationship, you are assured to receive sound legal advice from Jared that is focused on protecting your interests.
Want to know how to file a UPS carrier liability claim? Click this link for more information.
What are the common causes of UPS truck accidents?
The most common cause of UPS truck accidents is driver error. This means that the UPS drivers made a mistake while driving, which led to the car accident. Some examples of driver error include speeding, driving under the influence, distracted driving, and falling asleep at the wheel.
In some cases, however, the UPS delivery drivers may not be entirely at fault for the accident. For instance, if the other driver involved ran a red light, then that driver would be partially at fault. Another common cause of UPS truck accidents is mechanical error. This means that there was something wrong with the truck itself, such as faulty brakes or tires.
UPS Truck Accidents: Determining the Liable Party
After a UPS truck accident, it’s important to determine who is at fault for the crash. The personal injury attorneys from the law firm of Jared Spingarn can help determine who is liable once they examine the details of your case. Once you know who is liable, they will then aid you in filing a claim with the insurance company of the liable party.
Liability may be easily determined in some cases, but each truck accident case is unique. In some UPS lawsuits, there can even be multiple liable parties. For instance, if the UPS truck driver was speeding and caused a car accident, then both the driver and UPS may be held liable for the victim’s injuries.
Who is liable if the UPS vehicles were found to be in poor condition?
Maintaining the UPS vehicles is the responsibility of both the company and the drivers. The drivers are responsible for checking their trucks before each delivery to make sure that everything is in working order. If they notice any problems, they are supposed to report it to UPS so that the company can fix the issue.
If a driver does not report a problem with their truck and an accident occurs because of that problem, then the driver may be held liable. In another scenario, if the delivery driver reports the mechanical issue and UPS fails to have the vehicle serviced, then UPS may be held liable for the victim’s injuries.
To prove that UPS is liable in these cases, you will need to show that the company knew or should have known about the truck’s poor maintenance condition and did not take steps to fix it. You will also need to show that this condition led directly to the accident.
Who will be held liable if a UPS driver acted negligently?
Unlike other commercial trucking companies, most UPS truck drivers are employed by the company directly. Thus, if the UPS driver operating the truck at the time of the accident is a direct employee, then you will likely be able to sue UPS for your injuries.
However, if the UPS driver is an independent contractor, then you may not be able to sue UPS for your injuries. This is because in most cases, independent contractors are not considered employees of the company they are working for. As a result, the company cannot be held liable for the actions of an independent contractor so you must take up your claim against the driver directly.
Filing a UPS accident claim against the company may lead to a higher settlement value compared to filing a claim against the delivery driver alone. If you’re not sure whether the UPS driver who hit you was an employee or independent contractor, your personal injury lawyer from the law firm of Jared Spingarn will be able to investigate your case and determine who is liable for your injuries.
What evidence do I need to sue UPS for personal injury?
Pursuing a personal injury lawsuit can be a tedious process, that’s why you need only the best personal injury attorneys from Jared’s firm by your side. Take note that in Florida, all accident claims go through the personal injury protection coverage of the persons involved, regardless of who was at fault. But certain circumstances will allow you to file a lawsuit against a UPS employee or the company itself.
If you decide to file a lawsuit against UPS, then you will need to present evidence that the accident occurred due to the negligence of the company, and it resulted in serious injuries you sustained in the accident. To do this, you will need to gather evidence that includes the following:
- Accident report or police report;
- Witness statements;
- Photos or videos of the accident scene;
- Your medical records and bills related to the injuries you sustained in the accident;
- Receipts for any other expenses you incurred as a result of the accident, such as lost wages or property damage.
What should I do after a UPS truck accident?
The first thing you should do after a UPS accident is seek medical attention. Collisions between trucks and passenger cars often don’t end well, so even if you don’t feel any physical pain you must still see a medical professional.
Once you’ve seen a doctor, be sure to get in touch with an experienced personal injury attorney from Jared Spingarn’s law firm. Schedule a free consultation with Jared if you haven’t begun your attorney-client relationship yet, as legal representation is crucial in these cases.
Your attorney will then investigate the accident and help you gather evidence to prove that the UPS driver or the company is liable for your injuries. You must also exchange information with the UPS driver and other drivers involved in the accident.
At this time, as Jared will advise you, refrain from speaking to the insurance adjuster of UPS, who will surely interview you about the accident. Speaking to an insurance adjuster may jeopardize your case and lower the potential settlement value, so it’s best to let your attorney handle the insurance company on your behalf.
After you’ve gathered all the evidence you need and have hired a personal injury lawyer, you can then file a lawsuit against UPS. Jared will help you draft a complaint and file it with the court. Once the lawsuit has been filed, the process of discovery will begin.
The final stage of a lawsuit is trial, but most cases actually settle before it gets to that point. If you do go to trial, a jury will hear evidence from both sides and then decide how much financial compensation you should receive in damages. Whether your case settles or goes to trial, Jared Spingarn will fight for the compensation you deserve. Contact Jared today to schedule a free case evaluation.
Can I sue UPS for personal injury? To sue UPS for personal injury in Florida, you will need to prove that the company was negligent and that you suffered serious injuries due to this negligence. To learn more about your legal options after being injured by a UPS truck in Hallandale Beach, contact Jared Spingarn, Accident Attorney for a free consultation.
>> If you sustained personal injuries in a UPS-related accident in Florida, don’t hesitate to reach out to the law offices of Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.