A FedEx truck accident can be a harrowing experience, leaving you shaken and unsure about what to do next. Due to the size and weight of FedEx trucks, these collisions often result in serious injuries, extensive vehicle damage, and significant financial losses.
The truck accidents aren’t like the usual accidents we see around us. It is crucial to understand the difference between truck accidents and car accidents.
Whether you’re dealing with medical bills, lost wages, or the stress of negotiating with FedEx’s insurance company, knowing the right steps to take is critical for protecting your rights and securing compensation.
This guide provides a comprehensive overview of what to do if a FedEx truck hits your car, including how to gather evidence, handle insurance claims, and work with a personal injury attorney to seek justice.
Understanding the FedEx Truck Accident
FedEx Truck Accident Statistics and Causes
FedEx Express is the world’s largest express transportation company, providing fast and reliable delivery to more than 220 countries. Howeever, the sheer size and weight of FedEx trucks make them a common contributor to truck accidents. In addition to the truck, shipments may be palletized or non-palletized, weigh up to 20,000 lbs.
Common Causes of FedEx Truck Accidents
FedEx truck accidents can occur for various reasons, often stemming from the unique challenges faced by delivery drivers and the nature of operating large, heavy vehicles. Understanding these causes is crucial for building a strong personal injury claim if you’re involved in an accident.
1. Driver Fatigue
FedEx drivers are often tasked with long shifts and tight schedules, leading to exhaustion. Fatigue impairs reaction times, judgment, and decision-making abilities, significantly increasing the likelihood of an accident.
Fatigued drivers may fail to notice changes in traffic, react more slowly to hazards, or even doze off while driving. The pressure to deliver packages on time can exacerbate the issue, making driver fatigue one of the leading causes of FedEx truck accidents.
2. Distracted Driving
Delivery drivers juggle multiple tasks during their shifts, from using GPS navigation to communicating with dispatch or checking delivery details. These distractions can divert their attention from the road, leading to delayed reactions and poor decision-making.
Even a momentary lapse in focus, such as glancing at a phone or adjusting a route on the navigation system, can have catastrophic consequences, especially when operating a FedEx truck that weighs over 23,000 pounds.
3. Speeding to Meet Deadlines
The fast-paced nature of FedEx’s operations often pushes drivers to speed to meet delivery deadlines. While timely delivery is a hallmark of FedEx’s service, it can compromise safety.
Speeding reduces a driver’s ability to react to unexpected obstacles and increases the force of impact during collisions, making accidents involving FedEx trucks especially dangerous.
4. Improper Training
Operating a large delivery truck requires specialized skills and training. If FedEx fails to properly train its drivers, they may lack the knowledge needed to handle the challenges of driving large vehicles.
These can include maneuvering in tight spaces, adjusting for blind spots, and braking effectively. Inadequate training can lead to mistakes that endanger both the driver and others on the road.
5. Weather Conditions
Rain, snow, ice, and fog can make driving conditions treacherous, even for experienced drivers. FedEx drivers must navigate these hazards while adhering to tight schedules, which can increase the risk of accidents.
Poor weather reduces visibility, makes roads slick, and can cause trucks to skid or lose control. Drivers who fail to adjust their speed and driving habits during adverse conditions may be held liable for resulting accidents.
Immediate Steps to Take After a FedEx Truck Accident
Gather Driver’s Information and Document the Scene
After a FedEx truck hits your car, one of your first priorities should be collecting the FedEx driver’s information. This includes their license number, truck number, and employer details. These identifiers are critical for filing a personal injury claim and seeking compensation.
Take the following steps to document the scene effectively:
- Photograph skid marks, vehicle positions, and property damage to your car and the truck.
- Capture the overall accident scene, including weather conditions, road signs, and traffic signals.
- Note any hazardous road conditions that may have contributed to the accident caused by the truck.
Importance of Eyewitnesses and Police Reports
Eyewitness accounts can strengthen your personal injury lawsuit by providing unbiased details about what occurred. Collect contact information from anyone who saw the accident and ask them to describe what they observed.
Contact law enforcement immediately to file a police report. This document serves as an official account of the incident and can be used as evidence during negotiations with FedEx’s insurance company. Police officers may also include details about driver negligence, such as distracted driving or speeding, in their report.
Seek Medical Attention
Even if you feel fine immediately after the crash, it’s essential to seek medical attention. Some injuries, like whiplash or a traumatic brain injury, may not show symptoms until hours or days later. Documenting your injuries early helps establish a clear link between the FedEx truck accident and your medical condition.
Keep detailed records of your medical bills, diagnoses, and treatments. This documentation will be invaluable when calculating your future medical expenses and presenting your personal injury claim.
Determining Liability in FedEx Truck Accidents
FedEx’s Liability as an Employer
FedEx may be held liable for accidents caused by their drivers if negligence by the company contributed to the incident. For example:
- Improper Training: If FedEx failed to properly train its drivers, the company can be deemed negligent.
- Failure to Maintain Vehicles: Regular maintenance is crucial for large trucks. If a mechanical failure caused the accident, FedEx might bear responsibility.
- Negligent Hiring Practices: If a driver had a history of unsafe driving and FedEx hired them, the company could be held accountable.
Independent Contractor Liability
Many FedEx drivers are independent contractors rather than direct employees. This distinction can complicate liability, as independent contractors are often considered personally responsible for their actions. However, FedEx may still be held liable if the driver’s negligence occurred while performing duties within the scope of their contract.
Your personal injury attorney will investigate whether the FedEx truck driver was an employee or contractor and identify all potential liable parties.
Seeking Compensation for Your Injury
Understanding Settlement Offers
Following a FedEx truck accident, the insurance company may offer you a settlement. While the amount might seem appealing at first, initial offers are often far lower than what you’re entitled to. Accepting an 18 wheeler settlement offer too soon can prevent you from recovering the full extent of your damages.
Work with an experienced attorney to evaluate the settlement offer and ensure it covers all your expenses, including:
- Medical costs and ongoing care.
- Lost wages and diminished earning capacity.
- Pain and suffering, as well as emotional trauma.
Available Damages in a FedEx Truck Accident Case
Victims of FedEx truck accidents may recover two types of damages:
- Economic Damages
- Medical expenses (past and future)
- Vehicle repairs or replacement
- Lost wages during recovery
- Out-of-pocket costs for services
- Medical expenses (past and future)
- Vehicle repairs or replacement
- Lost wages during recovery
- Out-of-pocket costs for services
- Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
In rare cases, punitive damages may be awarded if the driver’s negligence or the company’s actions were particularly egregious.
Dealing With FedEx’s Insurance Company
FedEx’s Insurance Policy
FedEx is a large company that uses self-insurance, meaning they set aside funds annually to handle claims. This structure allows them to manage claims directly, but it also means you’re negotiating with a corporation intent on minimizing payouts.
Tips for Negotiating With FedEx’s Insurance Company
Negotiating with FedEx’s insurance company can be a complex and intimidating process, as they are often well-prepared to minimize payouts. Following these strategies can help you protect your rights and secure a fair settlement:
1. Don’t Admit Fault
When speaking with the insurance adjuster, avoid making statements that could be interpreted as admitting fault for the accident.
Even casual remarks like “I didn’t see the truck coming” can be used against you. Stick to the facts and let your attorney handle any discussions about liability.
2. Be Prepared
Gather and organize all evidence related to the accident before entering negotiations. This includes:
- Photographs of the Scene: Showcasing damage to vehicles, road conditions, and any visible injuries.
- Medical Records: Documenting the treatment you received for injuries sustained during the accident.
- Police Reports: Providing an official account of the accident, including statements from witnesses and the FedEx driver.
A well-documented case strengthens your position and shows the insurance company that you’re serious about pursuing your claim.
3. Consult an Attorney
Working with an experienced attorney can significantly improve your chances of securing a fair settlement. Your attorney will:
- Handle all communications with the insurance company.
- Negotiate aggressively on your behalf to maximize compensation.
- Ensure that the settlement offer covers all damages, including medical bills, lost wages, and pain and suffering.
Negotiating with a large company like FedEx requires legal expertise and a thorough understanding of its tactics. An experienced personal injury attorney can level the playing field and help you achieve the compensation you deserve.
Choosing the Right Attorney
Why Experience Matters
Select an experienced attorney who specializes in FedEx truck accidents and has a proven record of success. They’ll understand the unique challenges of holding a large corporation accountable and ensure your case is handled effectively.
What to Expect During the Claims Process
Your attorney will:
- Conduct a thorough investigation to gather evidence.
- Negotiate with the insurance company for a fair settlement.
- Represent you in mediation or court if necessary.
Common Challenges in FedEx Truck Accident Cases
Proving Negligence
Establishing negligence involves showing that the FedEx driver or company failed to take reasonable precautions, directly causing the accident. This may require analyzing maintenance logs, driver training records, and eyewitness testimony.
Overcoming Defense Tactics
FedEx’s legal team may argue that:
- You were partially at fault for the accident.
- Your injuries aren’t as severe as claimed.
- Their driver’s actions were unavoidable due to external factors.
An experienced lawyer will anticipate these defenses and build a case that counters their arguments.
Conclusion
If a FedEx truck hits your car, knowing what steps to take is essential for protecting your rights and securing compensation. From gathering evidence and seeking medical attention to working with a personal injury attorney, each step plays a vital role in the outcome of your case.
Dealing with a large company like FedEx can be intimidating, but with the right legal team by your side, you can navigate the claims process confidently. Don’t settle for less than you deserve—consult an experienced attorney and take action to recover the compensation you need to move forward.
If you’re stuck in such an accident and don’t understand what to do, know that we are here. Our professionals at Boruassa Law Group are here to help you and make your life easier during this incident. We know how to deal with FedEx truck drivers and the results of a car accident. We can guide you about ongoing medical care and ensure you get what you deserve.
1-800-870-8910