As one of the largest shipping companies in the United States, FedEx utilizes many trucks and tractor-trailers. These large vehicles travel throughout the state and can be the cause of incredibly serious accidents. When you suffer injuries due to the negligence of a FedEx employee or independent contractor, you deserve to receive compensation for those injuries. A personal injury lawsuit may help win significant financial compensation to get your life back on track.
If you were injured in a FedEx truck accident in Atlanta, an experienced personal injury attorney is ready to help. Contact us today for a consultation.
While FedEx primarily hires independent contractors to drive their tractor-trailers and trucks, it does also hire employees. When an employee of FedEx is negligent, an injured plaintiff can sue the driver and FedEx itself. A legal doctrine known as respondeat superior permits an injured plaintiff to sue an employer for the negligent actions of its employees.
To successfully hold FedEx accountable, the plaintiff and their attorney will have to show that the driver was acting within the scope of their employment at the time of the accident. This requires specific legal proof best handled by a skilled personal injury lawyer well versed in truck accidents.
When a plaintiff is instead harmed by an independent contractor working for FedEx, the process can be different. Generally speaking, FedEx cannot be held directly responsible for the negligent acts of its independent contractors. However, this does not mean that there is no source of recovery for the injured plaintiff. Independent contractors are required to carry insurance, and these insurance companies may held accountable for accidents within their coverage limits.
Insurance companies fight hard not to cover claims, even in situations where negligence is clear. They do this through a number of different tactics. These include:
With an experienced lawyer by the plaintiff’s side, they are better protected from these tactics.
In certain cases, FedEx may be held directly responsible for the negligent acts of its independent contractors. These instances are more the exception than the rule, but when they apply it can open a significant source of potential compensation for the plaintiff.
The first is if FedEx negligently hired an independent contractor. This typically occurs when FedEx fails to properly perform a background check that would have discovered the driver was unsafe. A history of accidents, DUI’s, or a lack of proper training in handling commercial vehicles could indicate negligent hiring practices.
The second method is to prove that FedEx was so in control of the independent contractor’s work that direct responsibility is appropriate. These cases can be very difficult to prove, and require an experienced lawyer to handle these types of truck accident cases.
FedEx truck accidents involving tractor-trailers and other large trucks can lead to serious injuries, including broken bones, spinal injuries, paralysis, or even death. A mountain of medical bills, property damage, and lost income can result from these accidents. You should not be held responsible for these costs when a FedEx employee or independent contract is at fault for the accident.
If you were involved in a FedEx truck accident in Atlanta, an experienced truck accident personal injury lawyer is here to help. Contact us today.