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Injured in a Delivery or Transportation Truck Accident? Here’s What to Do

ups accident, fedex accident, uber accident, usps accident, dart bus accidentIn the past, people had to rely on horses and stagecoaches to have their mail delivered. The process could take weeks, and even months, depending on the route conditions. Then, with the invention of the train, mail could be delivered faster and with more certainty as thousands of miles of rail were placed from coast to coast. Along with the train came the ability to transport large goods, such as building materials and cattle. Fast-forward to the twenty-first century, and you can expect a package to arrive as fast as the next day without you having to do any work for the delivery.

This is the case for millions of Americans who depend on shipping services such as UPS, FedEx, and other logistical companies. Seeing one of these delivery trucks on the road has become a very common part of modern life, up to the point where we wait by the window of our homes in hopes of our packages being delivered. However, with the implementation and increase of delivery services, car wrecks caused by those services have occurred. If you were injured in a car wreck caused by a delivery truck, you have come to the right place.

Delivery truck accidents have occurred due to a variety of reasons, such as the following:

  • Speed: The truck was going in high speeds and crashed into a vehicle
  • Drowsy driving: The driver of the delivery truck had an insufficient amount of sleep and was falling asleep at the wheel
  • Texting and driving: the driver was texting on their cell phone while driving
  • Insecure driving: The driver was not sure where the location of their next drop-off was and was distracted by trying to find it
  • Reckless driving: The driver was operating in a manner that put others at risk.

Regardless what the reason of the accident was, if the driver was found negligent (as will be discussed in the next section), their company will be held liable (responsible) for the accident.

A Delivery or Transportation Driver Caused the Accident. Now What?

If the delivery driver caused the accident, they would be found at-fault (another term for responsible) for causing the accident. More specifically, the company that they are driving for (FedEx, UPS, etc.) will be held responsible for any damages. If you were injured, you have the right to pursue compensation.

In car wreck cases, compensation is when a party (in this case the delivery truck driver’s company) gives the injured victim money to cover for their accident-related expenses. There are several types of compensation that an injured victim of a car wreck can pursue, such as compensation for:

  • Emergency transportation services and room: When someone is taking to the emergency room, whether by ambulance or helicopter, it is not free. The costs of the emergency room visit, from the scene of the accident to when you are released, can easily rack up thousands of dollars in bills.
  • Surgeries: It is no secret that surgeries can cost tens of thousands of dollars. Depending on the injury, multiple surgeries can also be required to fully repair the part of the body that was damaged (i.e. shoulder, broken bones, etc.)
  • Prescribed medication: The costs of medicine that was given and prescribed in the emergency room, surgeries, and doctor appointments can be compensated for.
  • Physical therapy sessions: The injured victim might require physical therapy as their main source of rehabilitation or as a complement to a procedure.
  • Doctor appointments: Every doctor visit costs money. Even if it’s a couple of hundreds of dollars per visit, someone who has had over twenty visits can incur a large bill
  • Lost wages: Time taken off work to treat for injuries leads to missed wages. These wages can be compensated for.
  • Pain and suffering: If facial or bodily scarring or disfigurements occurred or you missed valuable time with your family as a result of the accident, this can be accounted for.

Now that you know that you can obtain different types of compensation, who’s insurance do you go after? Below are five of the most popular delivery and transportation services and how to go about in handling their insurance.

What to Do if You’re…

Injured in a UPS Truck Accident?

If you were injured in an accident caused by a UPS truck, the claim would be filed against their insurance company, which is Liberty Mutual Fire Insurance Company. Their insurance policy (#AS2-C21-004175-336) has a $1 million liability limit for auto accidents.

Injured in a FedEx Truck Accident

Similar to accidents caused by UPS, if you were injured in an accident caused by a FedEx truck, the claim would be filed against their insurance company, which is Protective Insurance Company, an insurance company based in Carmel, Indiana. Their insurance policy (X-1979-17 and XP1421-17) has a $5 million liability limit for auto accidents.

Injured in an Uber Car Wreck?

Accidents caused by Uber are a bit different from the aforementioned companies. In Texas, an person would submit a claim against Uber’s insurance company for Texas, Progressive Insurance. Uber’s insurance policy covers $1 million in liability coverage when their drivers have caused an accident while transporting a passenger.

However, when an Uber driver is not transporting a customer to a location and they cause an accident, the driver’s own insurance company would have be responsible for any damages caused by them. For this reason, it is important to note whether or not the Uber driver had a passenger in their vehicle or if they were “offline” (using their vehicle for personal use).

Injured in a USPS Accident?

This and the section that follows involve an institution that the other companies might not involve: the government. In the due to the fact that the United States Postal Service (USPS) is an independent agency of the federal government, certain rules and procedures apply. In general, the government has what is referred to as the “doctrine of sovereign immunity”, which means that the government cannot be sued unless they permit the suing party to do so. However, there is a provision in the government that allows the government and its employees to be sued if they were at-fault for an accident resulting in personal injury: the Federal Torts Claims Act (FTCA).

Here are some major principles of the FTCA:

  • The lawsuit must be filed in the United States District Court where the accident occurred. In the case of Texas, this would be in the United States 5th District Court
  • There is a two-year window to file suit (similar to regular car accident cases).
  • The federal agency must respond within six months of filing suit.
  • After a response is given, there is a six-month window to file suit.

Fighting the federal government for your rights as an injured victim of a car accident is something that personal injury attorneys would be better at doing versus doing it yourself. There is legal jargon, processes, and procedures that experienced attorneys, such as in the Anderson Law Firm, would successfully handle.

Injured in a DART Bus Accident?

Similar to going after the federal government, going after a local (in this case, city) government is something that is not as clear-cut as other cases. The city of Dallas, who operates the Dallas Area Rapid Transit (DART) buses, has governmental immunity that protects the city from lawsuits. However, similar to the FTCA, an exception exists, called the Texas Tort Claims Act. This act allows for the city to compensate an injured victim of an accident that a DART driver caused while operating the bus. Once again, this is one of many reasons why hiring the Anderson Law Firm makes sense; our attorneys have over twenty years of experience in handle tough cases and have an excellent record of winning their clients the compensation they deserve.

What Steps Should I Take After My Accident?

After being in an accident, there are several steps you should take in order for your personal injury claim to be successful.

Get Medical Treatment

Whether you go to an emergency room, emergency clinic, or a doctor after being in an accident, the important thing is to get medical treatment if you are injured. Even if you feel sore and aren’t entirely sure you need treatment, it is better to receive treatment earlier than later for several reasons.

First, you might have an injury but aren’t aware of it because of the adrenaline rush. When someone gets in an accident, the body releases chemicals that allow the body to withstand sudden levels of stress and pain, typically by increasing the rate of blood circulation in your body, increased breathing and carbohydrate metabolism, and your muscles are readied for physical force. This decreases any feeling of pain or injury so your body can physically get to safety. Similarly insurance companies look for any gaps in treatment from when the accident occurred. Someone who took more than two weeks until they received treatment, according to insurance companies, might not have been really injured. Second, if you are injured but wait to receive treatment, your injuries might worsen as time goes by. It is better to treat an injury sooner than later.

Gather Information

It is important to gather information from the at-fault driver, whether they were from UPS, FedEx, USPS, or whoever. When a claim is started, the driver that caused the accident will be located. For this reason, getting their driver’s license information, phone number, and truck identifiers (such as any codes) is very helpful when pursuing an injury claim.

Also, getting their company’s claims information, insurance policy number, police crash report, and any other pieces of information will help in having a complete record of who caused the accident, when, and how.

Hire the Anderson Law Firm

When you’ve been in an accident caused by a delivery or transportation company, it is important to get the right help on your side. Our firm has successfully handled countless amounts of cases for our clients, and we have the best legal team at your disposal. Once you have hired us, it is important for you to be consistent with your medical treatment. This means going to all of your doctor’s appointments, scheduling surgeries if needed, and attending physical therapy sessions if needed. Also, make sure to stay in touch with your case manager and update them about your treatment and if you feel better, are still in pain, or if you require more treatment.

Our Case Results

Here are a sample of our victories against transportation and delivery companies:

Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas