It’s exciting to see a UPS truck pull up in front of your home to deliver an important package. It could be your new laptop, phone, or toys for your children. However, UPS truck drivers can sometimes cause serious accidents that may lead to life-changing injuries for innocent victims. If this has happened to you—you might have many questions, such as should I sue the driver or company? Contact us at Angel Reyes & Associates for a free consultation.
Delivery Truck Accidents can be Fatal
According to the National Institute for Occupational Safety and Health, there were 1,276 workers nationwide in 2018 who were riding or driving in a motor vehicle on a public roadway and perished in a work-related crash. Of these 1,276 fatal accidents, 9 percent of them involved delivery trucks or vans.
Delivery Companies Are Motivated by the Bottom Line
Like many businesses, delivery companies are driven by the bottom line. Drivers are spread too thin with an overwhelming number of deliveries to make in a limited amount of time. To protect their jobs, some of them are essentially forced to choose between cutting corners regarding safe driving or losing their livelihood. This is not fair for the drivers, but it is also not fair for accident victims.
Common Causes of Delivery Truck Crashes
An experienced Dallas truck accident lawyer knows that unsafe driving can endanger innocent motorists, passengers, and pedestrians. Here are some common negligent behaviors that can cause UPS delivery truck crashes– all of which may give rise to a lawsuit:
- Unsafe lane changes
- Distracted driving
- Running a red light
- Driving under the influence of drugs or alcohol
In addition to an error on the part of the delivery driver, there are other possible negligent causes of a UPS delivery truck crash for which you may be able to pursue a legal claim:
- Improper or irregular maintenance performed on the truck
- Defective parts on the delivery truck
- Too much cargo
- Negligent hiring
UPS Is a Possible Defendant in UPS Vehicle Accident Claims
UPS delivery truck drivers are employees, meaning that you can file a lawsuit against UPS for the negligent actions of one of its drivers. However, the driver must have been acting within the scope of their employment. For example, if you are injured in a crash with a UPS driver while they are en route, that would certainly qualify as occurring within the scope of employment. On the other hand, if the delivery driver takes the truck out for a spin after they have already clocked out and rear-ends your vehicle– that would not fall under the scope of employment.
Who Should I Sue?
In general, the insurance policy carried by UPS will cover much more in damages than the policy held by an individual delivery driver. With that in mind, to maximize your financial recovery, it will often make sense to pursue a claim against UPS as long as the driver was acting within the scope of his or her employment at the time of your crash.
Damages You May Seek in a Delivery Truck Crash Lawsuit
Suppose you are injured in a UPS driver accident. In that case, there are several different types of damages that you may be eligible to pursue in a personal injury lawsuit with the aid of a delivery truck accident lawyer, including the following:
- Hospital stays, surgeries and procedures, doctors’ visits, prescription medications, physical therapy, assistive devices, and in-home care
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of companionship
- Wrongful death in the case of a fatal truck accident
How Long Do I Have?
In Texas, the statute of limitations for delivery truck accidents is two years. In other words, you have two years from the date of your crash in which to file a lawsuit to pursue financial compensation for your injuries. If you do not file your claim within that time frame, you may lose all legal rights to this claim. By hiring an experienced UPS delivery truck accident lawyer as soon as possible following your crash, you can ensure that all deadlines will be met.
Contact Us for a Free Consultation
At Angel Reyes & Associates, we have been helping Texans fight for justice for more than 30 years. We have earned nearly $1 billion in settlements and jury verdicts on behalf of our clients. Our valued clients have also enjoyed our sterling 98 percent client success rate. If you have been injured in a UPS delivery truck crash, contact us to book your cost-free case review. You will not pay any legal fees unless you win your case.