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Who is Liable in a UPS Truck Accident?
More and more people are now using the convenience of online ordering of goods at a click of a button for door-to-door service. The U.S. Bureau of Labor and Statistics reports that over 1.5 million delivery truck drivers are employed in the U.S. — including UPS drivers and other independent couriers. With more delivery drivers on the road to meet consumer demand, there may be an increased risk of being involved in a delivery truck accident. Here’s what you need to know.
Determining Responsibility
When seeking compensation for your injuries after being involved in a UPS accident, it must first be determined which party is at fault for the accident. Establishing fault means gathering as much evidence as possible that one or more parties acted negligently or willfully conducted themselves in a way that caused the accident.
How to Establish Negligence
Some examples of showing negligence may consist of the following evidence of negligent behavior on behalf of the UPS driver:
- Failing to obey traffic laws: Speeding, running red lights, blowing a stop sign, or driving under the influence of drugs or alcohol.
- Failing to inspect vehicle: Lack of vehicle maintenance and malfunction repairs.
- Driving while distracted: Texting or talking on the phone, eating, drinking, or grooming, such as combing hair.
If a UPS driver acted negligently, they might not be personally liable for your injuries. However, if UPS employs the driver, and the accident occurred during their work shift, UPS may be held responsible for the driver's negligent actions. In other cases, if the accident was caused by faulty brakes, the manufacturer may be held liable.
Having an experienced attorney on your side can help you investigate the facts to determine who is at fault.
Recovering Damages
The following are some examples of damages that you could recover in a UPS accident lawsuit:
- Medical expenses
- Loss of income
- Property damage
- Pain and suffering/emotional distress
- Loss of enjoyment of life
You may also be able to recover punitive damages. Punitive damages are not awarded for injuries but rather to punish the defendant for their actions. If the UPS driver acted with malicious intent, fraud, or gross negligence, punitive damages might be included in your compensation.
Injured By a UPS Driver? Contact Us Today For Help.
UPS truck accident lawsuits can be complicated, as many other parties may be involved besides the driver who caused the accident. An experienced personal injury lawyer will take a deep dive into the particulars of your case to establish the best course of action so you can receive maximum compensation.
If you or a loved one has suffered injuries in a UPS accident, you have the right to seek justice. Our experienced personal injury attorneys know how to battle the most inflexible insurance companies who often come back with low and unjustified settlements. We’ll fight to ensure you get the maximum compensation you deserve.
Contact Bandas Law Firm, P.C. today at (361) 238-2789 to learn how we can assist you.
