Get Help from an Experienced Car Accident Attorney
You, like most people, are doing an increasing percentage of your shopping online. You expect a rapid, worry-free delivery of the goods you’ve paid for. However, that is putting an increasing load on local, state, and national roadways and increasing pressure on the drivers that deliver those goods. According to the Federal Motor Carrier Safety Administration (FMCSA), the number of accidents involving commercial drivers increased by 40% between 2009 and 2017. The big 18-wheel vehicles and smaller vans employed by carriers like FedEx may present a danger to other drivers. With these trucks on the road more often today, you may be wondering what to do if a FedEx truck hits your car.
What to Do if a FedEx Truck Hits My Car
Accidents involving FedEx vehicles can become complicated
If you’re involved in an accident involving a FedEx truck, the process for dealing with the incident may be more complicated than the simple fender-bender you have previously experienced. Commercial drivers have more stringent regulations and carry more insurance in their expensive policies. There is a greater expectation that commercial drivers will be safe when operating their vehicles. The companies have a battery of attorneys and accountants only interested in protecting their company’s financial position.
Differences Between a Car Accident and FedEx Truck Accident
In most fender-benders, a car will hit another from behind and a concerned driver will jump out and apologize. A commercial driver will be calling their dispatch person to report the incident and discussing what they need to do. The drivers have been trained not to admit anything, and you won’t get a resolution on the spot simply by exchanging insurance cards.
FedEx owns a fleet of vehicles, and some drivers are FedEx employees. However, they also employ independent contractors as drivers. The company is very large and has subsidiaries that farm out various duties, such as vetting drivers regarding their licensure as well as their actual driving. An accident with such a driver brings about even more complications, as FedEx will deny any responsibility for the accident as an employer.
This does not mean that receiving compensation for your property or injuries is impossible if a FedEx driver is an independent contractor. You may seek damages from an individual driver.
Is a FedEx Driver Responsible for Damages in an Accident?
FedEx may have to compensate you for property damage or injuries
Under the law, an employer may be held liable for negligent actions of their employees when the employee is doing business for the employer. This may be the case when a FedEx truck driver crashes into your car. However, if the driver is an independent contractor, that driver may be solely liable for any damages they caused in the accident unless that driver works for another company that FedEx pays to deliver their packages.
There may be situations where both the driver and the employer are liable for damages. In Texas, when there are often multiple defendants in vehicle accident claims, each defendant is responsible for the percentage of the damages they caused. However, when a driver has committed a felony or has done something intentional to cause the accident, FedEx may deny liability in those cases.
There may exist circumstances in your case where a faulty brake system or some other manufacturing defect is played a part in causing the accident. A person or company responsible for maintaining the truck to road-worthy standards may have failed to properly maintain the FedEx truck involved. Those persons may also share responsibility for compensating you for your losses.
If our attorneys can use the law to hold the responsible party liable and get compensation for you, we will, no matter who the party is.
What Kind of Compensation is Available in an Accident with a FedEx Truck?
Getting fair compensation from a responsible party in a commercial vehicle accident
Generally, the compensation you receive for an accident with a FedEx driver may be the same as in any other automobile accident. That could include:
Economic Damages – money to cover items such as:
Lost wages from the time you’ve been unable to work
Expected earnings for work you may miss in the future because of an injury
Non-economic Damages – money to compensate for loss of quality of life due to negligence
Pain and suffering
Punitive Damages – when the FedEx driver was grossly negligent. These damages are capped in Texas at twice the amount of economic damages plus the amount of non-economic damages (up to $750,000) or $200,000, whichever is greater.
Can You Reach a Settlement in a Lawsuit Against FedEx for a Truck Accident?
The short answer is yes. Settlements are a common means of getting the best possible outcome in a truck accident lawsuit when a FedEx driver is responsible for damages or injuries. You may get the compensation you deserve quickly and efficiently if the company offers a fair settlement. If there is no offer of a settlement, you should be prepared for litigation – and potentially, a trial.
Our Attorney Gets Compensation for People Involved in FedEx Truck Accidents
If you or a loved one has been injured in an accident involving a FedEx truck, you can call the accident and injury law office of Terry Bryant. Our car accident lawyers have helped thousands of people receive justice through the legal system in personal injury cases. We will discuss all the issues that arise when a FedEx truck hits your vehicle, including potential compensation for damages to you or your property. We are ready to take on large corporations like FedEx, a company with many lawyers on their payroll and the resources to make your life miserable. We refuse to let good people be treated unfairly. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000.
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]