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 driver or independent contractor, you deserve to receive compensation for those injuries. A Fed Ex truck accident lawyer with Atlanta Personal Injury Law Group can discuss your case and legal options to plot the best path forward – one that leads to maximum compensation for all your injuries, medical expenses, lost wages or income, emotional trauma, and more.
If a FedEx truck accident injured you in Atlanta, an Atlanta truck accident attorney is ready to help. Contact us today for a consultation.
Understanding Truck Accidents
For the purposes of this page, truck accidents refer to collisions involving large commercial vehicles, such as semi-trucks, 18-wheelers, and tractor-trailers. These accidents can be devastating, resulting in catastrophic injuries, fatalities, and significant property damage.
Various factors cause truck accidents, including driver error, vehicle malfunction, and adverse weather conditions. Given the size and weight of these vehicles, the impact of a truck accident is often far more severe than typical car accidents.
Common Causes of Truck Accidents
Truck accidents can be caused by a combination of factors, including:
- Driver Fatigue: Truck drivers often work long hours, leading to fatigue, which can impair their ability to operate the vehicle safely. Driver fatigue is a significant risk factor, as it reduces reaction times and decision-making abilities.
- Driver Error: Truck drivers may engage in reckless behavior, such as speeding, tailgating, or failing to yield, which can increase the risk of an accident. These errors can stem from pressure to meet tight delivery schedules or simply from poor judgment.
- Vehicle Malfunction: Mechanical failures, such as brake failure or tire blowouts, can lead to catastrophic truck accidents. Regular maintenance and inspections are crucial to prevent these issues, but they are not always performed diligently.
- Adverse Weather Conditions: Inclement weather, such as heavy rain or snow, can make road conditions hazardous, increasing the risk of a truck accident. Poor visibility and slippery roads can make it difficult for truck drivers to control their vehicles.
- Poor Road Conditions: Potholes, uneven road surfaces, and other road hazards can contribute to truck accidents. These conditions can cause a truck to lose control or make it difficult to navigate safely.
How to Sue FedEx for Negligence
A Fed Ex truck accident lawyer can help you understand the best avenue for pursuing compensation for your truck accident injuries and losses. The legal action you can take depends on several factors, including the severity of your injuries, the amount of damages you can fairly claim to cover your damages, and many other circumstances unique to your case. Negligence on the part of a truck driver can be a significant basis for suing FedEx, especially if the driver failed to adhere to legal and safety regulations.
Our FedEx truck accident attorneys can walk you through the process and help you determine the best path for financial recovery, even if that means filing a Fed Ex truck accident lawsuit.
Injured by a FedEx Employee
While FedEx primarily hires independent contractors to drive their tractor-trailers and trucks, it also employs its own drivers. When a FedEx employee’s negligence caused your accident, you 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, your truck accident lawyer must show that the truck driver acted 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 who is well-versed in truck accidents.
Injured by an Independent Contractor
When an independent contractor working for FedEx harms a plaintiff, the process can differ. 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 must carry insurance, and you can hold these insurance companies 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 several different tactics, including:
- Denying that negligence occurred
- Attempting to shift blame to the plaintiff
- Offering a “lowball” settlement to try to pay less than the full claim
- Using their large resources to delay the trial and pressure injured drivers into a settlement
An experienced Fed Ex truck accident lawyer by your side can protect you from these common insurance company tactics and protect the value of your claim.
Holding FedEx Directly Responsible
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 they can open a significant source of potential compensation for the plaintiff when they apply.
The first instance 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, DUIs, or a lack of proper training in handling commercial vehicles could indicate negligent hiring practices.
The second method is to prove that FedEx so controlled the independent contractor's work that it directly influenced the driver and their actions. Proving Fed Ex was in some measure liable for the accident can be difficult to prove and requires an experienced personal injury lawyer who knows how to handle complex truck accident cases.
Inadequate FedEx Driver Training
New FedEx drivers must complete a Class A CDL training and have a year's experience. They must also complete the FedEx Freight Driver Development Course.
Drivers must have and maintain a good driving record and meet Department of Transportation (DOT) requirements.
Some feel these requirements are not enough. Between the minimal standards for driving these large trucks and the pressure to deliver more in less time, FedEx drivers may be more likely to cause accidents.
Holding Fed Ex liable for inadequate driver training or vetting of independent contractors requires a deep and thorough understanding of the rules and regulations that govern the trucking industry. A skilled Fed Ex truck accident lawyer will investigate the at-fault truck driver’s history and driving record to determine liability in your case.
Other Reasons for FedEx Truck Accidents
FedEx built its business and its branding around speedy delivery, and its drivers are under enormous pressure to make their deliveries as quickly as possible. Drivers have thresholds they must meet when it comes to speedy delivery.
This added pressure can cause FedEx drivers to become lax in their safety standards while driving. Additionally, FedEx drivers spend so much time driving each day. All those extra hours may cause some drivers to have more accidents.
Other causes of FedEx truck accidents include:
- Ignoring Speed Limits: To meet their delivery goals, some FedEx drivers may feel forced to speed while driving. They might take more chances, even in heavy traffic. The faster they drive, the less reaction time they have when something unexpected happens.
- Driver Fatigue: Like many people, FedEx drivers may work overtime to earn extra money. Unfortunately, this overtime can lead to some drivers putting themselves and others at risk of a car accident. Driving while fatigued reduces your reaction time. Poor reaction times can lead to an increase in the potential for serious accidents.
- Driving Distractions: Dividing your attention when driving increases anyone's chances of having a serious accident. Like other drivers, FedEx drivers may text while driving, look at their email, or talk on their phones. These distractions make it harder for FedEx drivers to react swiftly to an emergency.
- Improper Loading: If the FedEx truck is not balanced correctly when loaded with parcels, it can strain a vehicle's suspension and other components. Accidents and truck breakdowns become much more likely. Improper loads can also overturn trucks and spill parcels spilling into the street.
- Driving Under the Influence: It’s no secret that some people drive while under the influence of alcohol, drugs, or other substances. Like distracted driving or driving when tired, this can put other people at risk of serious injury or even death. Driving under the influence impairs judgment and negatively affects reaction time.
- Improperly Marked: If a delivery vehicle does not have adequate markings, reflective material, or lighting, nighttime deliveries could lead to potential accidents and injuries.
- Reckless Driving: In their rush to complete deliveries, some FedEx drivers drive carelessly, ignoring the safety of those around them. They may fail to yield or pass when they should not.
Steps to Follow After a FedEx Truck Accident
If you are physically able to take action after you’ve been in a Fed Ex truck accident, there are some measures that you can take to protect your rights. After receiving medical care for your crash injuries, the most important next step is to hire a qualified and experienced Fed Ex truck accident lawyer who will take some of these measures for you and guide you through the process.
Remember to follow the steps below if you are in an accident involving a FedEx truck:
- Seek Medical Attention Immediately: Get evaluated by a medical professional, even if you feel fine. Some injuries may not be immediately apparent or can worsen over time.
- Contact an Atlanta FedEx Truck Accident Lawyer: Reach out to an experienced attorney who can protect your rights and guide you through the next steps.
- Document the Scene: If safe, take photos of vehicle damage, road conditions, and injuries. Collect contact information from witnesses and the FedEx driver.
- Report the Accident: Contact law enforcement to report the accident and create an official record of the incident. Obtain a copy for your records.
- Limit Communications: Avoid discussing fault or giving detailed statements about the accident until you've consulted with your lawyer.
- Preserve Evidence: Keep all accident-related items and documents, including medical records and correspondence from insurance companies.
- Follow Medical Advice: Attend all follow-up appointments and adhere to your prescribed treatment plan.
- Track Expenses: Document all accident-related costs, including medical bills and lost wages.
- Avoid Social Media: Refrain from posting about the accident online, as these posts could be used against you.
- Keep a Recovery Journal: Document your symptoms and how the injury affects your daily life.
- Avoid Speaking with the At-Fault Party’s Insurance Company: If an insurance company for the driver or Fed Ex calls you, refer them to your lawyer. Insurance adjusters are trained to minimize and deny claims and anything you say could potentially compromise your claim. If talking with your own insurer, stick to the basic facts of the accident.
Injuries Common in FedEx Truck Accidents
Collisions involving commercial trucks like FedEx vehicles often result in more severe injuries than typical car accidents. The sheer size and weight of these trucks contribute to the potential for catastrophic harm. Some common injuries include:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Broken Bones and Fractures
- Internal Organ Damage
- Severe Lacerations and Burns
- Whiplash and Neck Injuries
- Crush Injuries
- Amputations
Why Truck Accidents Are Often More Severe
Commercial truck accidents tend to cause more devastating injuries for several reasons:
- Size Disparity: The massive size difference between a commercial truck and a passenger vehicle puts car occupants at a significant disadvantage in a collision.
- Weight Factor: A fully loaded FedEx truck can weigh up to 80,000 pounds, compared to an average car weighing around 4,000 pounds. This weight difference amplifies the force of impact.
- Longer Stopping Distance: Trucks require much more distance to come to a complete stop, increasing the risk of high-speed collisions.
- Higher Ground Clearance: A truck's elevated profile can cause smaller vehicles to slide underneath in a collision, often resulting in severe injuries or fatalities.
- Cargo Hazards: Improperly secured cargo can become dangerous projectiles or spill onto the road, creating additional hazards.
Given the potential for severe injuries in FedEx truck accidents, working with an experienced Atlanta FedEx truck accident lawyer is key to getting the compensation you deserve.
FedEx Truck Accident Settlements: How Do I Get Financial Compensation?
In most traffic accidents, you start by filing a claim for losses against the person or entity responsible for your injuries. For a FedEx accident claim, your personal injury attorney will draft a "demand letter" letter and send it to the insurance carrier of the party responsible. This letter outlines your injuries and the costs to reimburse you for your suffering. The law divides these costs into economic and non-economic damages.
Typical Insurance Company Responses
In most cases, the insurance company will counteroffer or try to avoid paying you anything. They may claim the FedEx driver was not on the clock while driving or try to shift the responsibility to you. Or they may lowball you with an offer far below what you deserve.
Claiming Damages in FedEx Truck Accident Cases
Victims of FedEx truck accidents may be entitled to various types of damages. These are typically categorized as economic and non-economic damages:
Economic Damages:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Rehabilitation costs
- In-home care expenses
- Travel costs for medical treatment
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Permanent disability or disfigurement
- Mental anguish
Victims of FedEx truck accidents should work with their truck accident lawyer to determine the full extent of their damages and losses.
Punitive Damages:
In certain severe cases, punitive damages may also be awarded to punish particularly reckless behavior and deter similar conduct in the future. Punitive damages go to the plaintiff and they are awarded on top of economic and non-economic damages.
Wrongful Death Damages:
We know that nothing can bring back your loved one or ease the pain of your grief, but you may claim compensation stemming from your loved one’s passing. These damages include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Loss of household services
- Mental pain and suffering of surviving family members
- Medical expenses incurred before death
Understanding Your Rights and Options
If you or a loved one has been involved in a truck accident, knowing your rights and options can take some of the uncertainty and stress out of the legal process. You may be entitled to compensation for your injuries, medical bills, and other expenses related to the accident. Knowing what you can claim and how to proceed can make a significant difference in your recovery process.
An Atlanta FedEx Truck Accident Lawyer Can Maximize Your Compensation
Having an experienced and proven attorney in your corner can make all the difference in the outcome of your truck accident case. At Atlanta Personal Injury Law Group, we
- Accurate Damage Assessment: A skilled lawyer can thoroughly evaluate all aspects of your case to ensure no damages are overlooked.
- Collaboration with Experts: Attorneys work with medical professionals, economists, and life care planners to accurately project future costs and losses.
- Negotiation Skills: Experienced lawyers know how to effectively negotiate with insurance companies and corporate legal teams to secure fair settlements.
- Skilled Litigation: If a fair settlement can't be reached, your attorney can take your case to trial and advocate strongly on your behalf.
- Understanding of Trucking Laws: Thorough knowledge of federal and state trucking regulations can uncover additional liability factors.
- Resource Access: We have the resources to conduct thorough investigations, potentially uncovering evidence that strengthens your claim.
- Damage Quantification: Our truck accident lawyers can help assign appropriate monetary values to non-economic damages, which can be challenging to quantify.
- Protection from Undervaluation: We will shield you from the strategies insurance companies use to devalue your claim, including rejecting lowball settlement offers.
Our Atlanta FedEx truck accident lawyers can significantly increase your chances of receiving full and fair compensation for all your losses, both economic and non-economic. Our involvement is often the difference between a minor settlement and one that truly encompasses the full extent of your damages and sets you on the path to healing.
Schedule a Consultation with a FedEx Truck Accident Attorney in Atlanta
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 contractor is at fault for the accident.
If you were involved in a FedEx truck accident in Atlanta, an experienced Atlanta personal injury lawyer is here to help. Call us today or contact us online to discuss your options for recovery.
We proudly serve the entire Atlanta area, including neighborhoods like Brookhaven, Druid Hills, Buckhead, Chastain Park, Garden Hills, Piedmont Heights, Midtown, Downtown Atlanta, Grove Park, Inman Park, South Atlanta, East Atlanta Village, West End, and Atlantic Station.