Who is liable in an accident with a FedEx truck? Determining liability is dependent on the details of the case, but it could be the truck driver, FedEx, or another party that holds responsibility for your losses.
A Salt Lake City FedEx truck accident lawyer can help you navigate the unique challenges of a delivery truck injury claim.
Proving Negligence in a Truck Accident
To hold any party accountable for the losses they cause, the victim must demonstrate negligence. This is a legal premise in which you show that the other party should have or could have avoided some action or inaction that caused the accident.
There are four key components to proving negligence:
- Duty of care
- Breach of duty of care
- Breach directly causes the accident
- The accident causes your injuries
In a FedEx truck accident, the driver owes a responsibility to all others on the road with them to abide by the law and operate the vehicle in a safe way.
If they fail to do so, they could be held liable for the injuries they cause to others. However, as you will learn when you hire a delivery truck driver, there could also be other parties to blame.
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Common Causes of FedEx Accidents
To determine who is to blame in a FedEx truck accident, you must be able to use evidence to back up any claim you make. Most often, the first evidence comes from the scene and the responding police officer.
ome of the most common reasons these accidents occur include:
- Distracted drivers, perhaps paying attention to their navigational devices instead of the roadway
- Truck equipment failure, such as lack of brake lights, causes the accident
- Driver fatigue, which occurs if the truck driver is working too many hours in a row without a break
- Untrained or unlicensed vehicle drivers or owner operators behind the wheel of the truck
- Intoxication of alcohol, drugs, or prescription medications
- Aggressive or reckless driving
Gathering information about the cause of the accident enables your attorney to begin determining what took place. It may be necessary to obtain additional information, such as from accident reconstruction work or industry experts, to piece together the details.
In a serious accident with substantial losses, it can be worthwhile to ensure all parties liable are held accountable.
Determining if FedEx is Liable for Your Accident
In some situations, you may wish to seek legal action against FedEx for your injuries and other losses. To do so, you will need to establish liability. Most often, the proof of this comes from the investigation into what caused the driver to fail their duty of care.
In situations where the truck owned by FedEx breaks down, you can demonstrate that this occurred as a result of poor maintenance and upkeep, which could make FedEx liable for the accident.
Another potential indication could be overworking the driver beyond the allowable hours of service laws. In this situation, if FedEx lacks proper documentation of breaks taken by the driver, it could be liable.
Other situations exist as well, such as failing to train the driver, lack of oversight into repeated incidents of reckless behavior, and cargo-related accidents.
You may need to prove that the company knew about the risk and that they did not take action to correct the risk as they should have. Because of the complexity of these tasks, working with a Salt Lake City delivery truck accident lawyer is often beneficial.
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Other Parties that May be Liable in a FedEx Accident
Though the driver of the delivery truck and the trucking company are often the liable parties in an accident with a FedEx truck, there are other incidents when you may find third parties also involved.
With careful consideration of the evidence, your attorney may look into any information that points to another party to determine if they, too, should pay for your losses. Examples of other parties that could be implicated include:
- Third–party drivers: Someone else could have hit the FedEx truck, and that could have created a ripple effect when the truck hit you. In some cases, that other party could be responsible.
- Mechanical failures: If a truck just went in for a tire rotation and the mechanic failed to use the right tires, causing the accident, that mechanic may be responsible for your injuries.
- Shipping company: There are some situations in which the shipping company did not secure the load they put onto the truck. If that took place and the accident was the result of the cargo shifting or even coming off the truck, the cargo or shipping company could hold fault.
- The city: Unsafe streets, poor lighting, or other indications of a city’s unsafe conditions could be to blame in situations where you can demonstrate a clear link to your accident.
- The truck manufacturer: There are times when FedEx truck manufacturing defects occur. If that happens to cause your accident, such as a hinge snaps or a component in the cargo area is faulty, the manufacturer could be liable.
Many parties could be liable in an accident with a FedEx truck, and for the injuries you have if you can demonstrate negligence in their actions or their inactions.
In some situations, it becomes critically important for victims to work closely with a Salt Lake City truck accident lawyer to find out what really occurred through the use of evidence from witnesses, FedEx truck logs, and black boxes, as well as expert witnesses who can dig into the real cause of the problem. In serious cases where your losses are high, that could prove vital.
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Seek Out the Legal Guidance of a Trust Attorney Ready to Guide You
Determining who is liable in an accident with a FedEx truck requires investigation and careful insight into the law. Work with a trusted legal team ready to build a strong case on your behalf.
Contact Siegfried & Jensen today for a consultation.
Call or text (801) 266-0999 or complete a Free Case Evaluation form