Most of us are familiar with the United Parcel Services' (UPS) delivery service trucks. These brown vans navigate countless neighborhoods daily. The company also has a large fleet of tractor-trailer trucks to move packages across North America.
Because UPS is such a large company, an opposing legal team might fight to limit your options after a UPS truck accident in Roswell. They may make your claim far more complex than necessary.
A Roswell truck accident lawyer can provide crucial help if you suffered injuries in a UPS truck accident in Roswell. A tractor-trailer crash attorney could help you claim economic damages for your injuries and setbacks. We offer free consultations. Contact us today to speak with a lawyer’s team familiar with claims against UPS and other large trucking companies.
Building a UPS Truck Accident Case in Fulton County, GA
Georgia law provides a way for traffic accident victims to pursue compensation for their injuries and damages following a crash. The laws allow victims to pursue an insurance claim through the liability insurance policy. Alternatively, they could sue the liable party or parties in civil court, present their case to a jury, and ask the jury to award fair compensation based on the facts of the case.
All drivers or their corporate employers must carry auto liability insurance coverage. This includes corporations that operate large fleets of trucks and delivery vans, such as UPS. Our attorneys often negotiate settlement agreements for our clients through an insurance claim. Most truck accident cases can get resolved this way.
However, we can file a lawsuit when the case calls for it and will not back down from UPS, their corporate insurer, legal team, or anyone else. We fight for compensation and justice for our clients during the claims process or trial.
Why Are There So Many Truck Accidents in Roswell?
The City of Roswell is thriving in part because of its location and the easy access to five major state highways and four interstates.
- I-285, which links to I-85, I-75, and I-20
- .R. 400
- S.R. 140
- S.R. 120
- S.R. 92
- S.R. 9
Unfortunately, the city’s location also plays a role in its significant growth over the last few decades. The dramatic growth of the entire Metro Atlanta region overburdened and overfilled the city’s streets, surrounding roadways, and other infrastructure. With significant congestion and around-the-clock traffic, traffic accidents grew accordingly.
You may feel like you always see UPS 18-wheelers, delivery trucks, and other vehicles in Roswell. UPS has the largest fleet of trucks of any company in North America, and its headquarters are in Atlanta, just south of Roswell. The company also has another North Fulton County location—a Customer Center on Old Ellis Road in Roswell.
Navigating the Claims Process and Demanding Compensation
When you work with our team on a Roswell UPS truck collision claim, we handle the process from start to finish.
- Protecting your rights from unfair tactics and lowball offers
- Answering questions and addressing any issues you have
- Managing all communication with UPS, their attorneys, and the insurer
- Investigating what happened
- Documenting expenses and losses to determine the fair settlement value
- Demanding a just payout from the insurance company
- Negotiating a settlement
- Considering if you should pursue a lawsuit
- Filing a lawsuit and navigating the civil court process when needed
- Representing the client to the judge and jury
- Fighting for fair compensation and justice throughout the process
Under Georgia law, you probably only have two years to sue UPS, the at-fault driver, or another liable party. This statute creates a deadline for filing a Fulton County civil court lawsuit. Missing this deadline makes it impossible to take your case before a judge and jury. It creates some urgency when negotiating a fair settlement with the insurance company.
Roswell UPS Truck Accidents Cause Serious Injuries and Extensive Damages
Collisions involving tractor-trailers and delivery vans frequently cause significant injuries for victims in smaller vehicles. Our clients suffer a wide range of injuries, and we build cases for all of them—from a simple fracture to a catastrophic, life-altering brain injury.
Some examples of possible UPS truck accident injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Amputations and loss of use injuries
- Burns, scarring, and disfigurement
- Internal injuries
- Soft tissue injuries
- Other back and neck injuries
- Head injuries and concussions
With such serious injuries and extensive treatment, you can face piles of medical bills. This includes lost income, car repairs, and other costs. Seeking and recovering a fair payout in these cases can mitigate these financial impacts.
Your recoverable damages could include:
You probably think of the economic expenses and losses of a collision first. We seek compensation for our clients for their current costs and estimated future financial needs.
- Medical bills and related expenses to date
- Future treatment and support costs based on prognosis and medical needs as estimated by experts
- Lost income from all sources
- Diminished earning capacity if you have lasting injuries
- Car repair or replacement
- Rental car expenses
- Other related costs with receipts
Non-economic expenses include physical pain and suffering, mental anguish, reduced quality of life, loss of enjoyment of life, and more. These include the intangible losses a person suffers because of a traffic accident. Those with lasting impairments and serious injuries that take an extended time to rehabilitate may qualify for greater non-economic damages.
Juries award these damages not to compensate the victim for their ordeal but to penalize the liable parties for their bad behavior. You can only receive them when the at-fault party acts intentionally or in a particularly negligent and malicious way. In truck accidents, drunk or drugged driving could result in a punitive award.
Are UPS Drivers Responsible for Roswell Delivery Truck Accidents?
Many commercial transport companies use independent contractors to drive their vehicles. Doing so often provides the business with some protection from liability in the case of an accident. Although this tactic does not allow companies to shield themselves completely, it does complicate a plaintiff’s options for pursuing damages.
However, the United Parcel Service does not hire independent contractors. Instead, UPS considers its drivers direct company employees. This means an injured plaintiff could hold UPS liable for any accidents caused by their delivery trucks.
The agency utilizes a fleet of tractor-trailers, cargo vans, cars, and bicycles in daily operations. The company ensures its vehicles and drivers with a generous policy. The organization often tiers coverage, so the amount of insurance available in a specific accident depends on the case's details. However, UPS usually holds minimum liability coverage of $1 million.
This generous policy could provide a plaintiff with substantial economic damages in the event of a crash. Our attorneys in Roswell understand that UPS drivers classify as direct employees and could help a plaintiff take advantage of the available coverage after a delivery truck accident.
How to Prove That a UPS Truck Driver Acted Negligently
The United Parcel Services’ business model stresses efficiency, so delivery drivers might feel considerable pressure to complete their routes within a certain time. This urgency could lead to unnecessary accidents caused by negligent behavior. Proving the UPS driver’s carelessness is an essential part of the claims process for delivery truck accidents.
Fortunately, UPS trucks have “black boxes” that record important data about the truck’s operation. The black box will provide information about the vehicle’s speed, braking, weight, and other statistics that could help a plaintiff determine how an accident happened. Our attorneys may subpoena this black box data and review it for evidence of driver negligence.
Meanwhile, if the police came to the accident scene, their report might contain evidence of a UPS driver’s reckless conduct. Crash scene photos, vehicle damage, and witness statements might help our team conclude what happened and prove liability for the UPS truck accident.
Could a Plaintiff’s Negligence Impact Damages in a UPS Truck Crash Case?
Because Georgia law establishes the concept of comparative fault, a claimant might not be able to collect 100 percent of the lawsuit’s damages in some accident cases involving UPS trucks. According to this statute, an injured person who bears some responsibility for a wreck can only collect damages related to the percent of the crash they did not cause.
The more liability a plaintiff recovering from a UPS crash can assign to a defendant, the more damages they can collect. If a claimant can argue that the UPS driver is more than 50 percent responsible for the delivery truck accident, state law says the defendant cannot collect any financial compensation.
During pretrial negotiations, a UPS employer’s lawyer might aggressively assert that the injured person bears responsibility for their injuries. However, our attorneys work hard to convince a judge that the delivery driver caused a crash. We fight to preserve a claimant’s integrity after a severe UPS truck accident.
Frequently Asked Questions (FAQs) About Roswell UPS Truck Accidents
When truck accident and delivery van collision victims contact the team from Atlanta Personal Injury Law Group, they ask many questions. We answer each of them based on their crash, injuries, and other case details. However, we offer a general overview of many of the common questions we receive below:
Who Pays for My Medical Bills After a UPS Driver Causes a Crash?
Georgia law allows us to pursue a claim or lawsuit against UPS, their driver, or another liable party following a crash. This case could recover the money you need to pay for your medical care costs to date and your future care needs.
When we represent a client in these cases, we fight to ensure they do not have to pay for their injury treatments. If they did not cause the accident, they should not be financially responsible for the related costs.
If you have bills stacking up and are receiving collections calls, we may help you find a temporary solution until we reach an insurance settlement or win a court payout in your case.
Should I Give a Statement to UPS or Its Insurance Company?
Our lawyers manage all communications about the case for our clients. This allows us to protect your right to fair compensation. You do not have to give UPS or its insurer a statement, and we recommend not doing so without guidance from an attorney. Our clients do not speak to the insurer directly—we handle getting them any information they need.
Speaking to the insurance company representing the liable party will not help your case. They have the information they need to show their driver acted negligently. Having your statement on the record could hurt your case and decrease your payout. They may try to twist your words or use slight differences in details to reduce the compensation available to you.
Why Shouldn’t I Just Settle With the Insurance Company?
If the insurance company offers you an early settlement, do not take it until you talk to us. We understand that a check for thousands of dollars is difficult to refuse. However, they hope you fall for this tactic.
When a victim has a strong case against a company, the insurance company often tries to cut a check as quickly as possible. The insurer assumes you do not yet have an attorney, so you do not realize the full extent of your treatment needs or how much your injuries will cost you. So, the insurer hopes to pay soon after the crash to avoid a much larger settlement agreement or court award later.
Settling based on this initial, lowball offer would likely leave you with expenses and losses not covered by your settlement. Contact our team and let us review the offer and discuss your options instead.
What if My Loved One Cannot File Their Own Claim?
Truck accidents frequently cause catastrophic injuries. We help families understand their next steps when a loved one is still in the hospital or suffered lasting injuries that could prevent them from taking legal action in their case. We can review your options with you and explain how your family may be able to act on your loved one’s behalf.
We also handle wrongful death actions. If your family member died from their catastrophic truck accident injuries or a complication related to the crash, Georgia law allows you to pursue compensation. We may be able to seek money for your family’s related expenses, lost income, other costs, and intangible damages.
How Much Is My Roswell UPS Truck Accident Case Worth?
To estimate how much your insurance claim or lawsuit might pay, we first need to investigate your accident to understand what happened, who is liable, and what damages you suffered. We can then put a potential settlement range on your case immediately before filing your claim and demanding compensation.
Before we can take this step, we need to investigate the collision and document your economic losses, related expenses, and likely future costs related to your injuries. This process takes weeks or months to complete. We may need to consult with medical experts, economists, and others to calculate these potential values.
What Are the Common Causes of Truck Accidents?
Driver carelessness and mistakes behind the wheel cause most traffic accidents, including delivery van and tractor-trailer crashes.
This could include:
- Aggressive driving
- Failure to yield
- Failure to check blind spots before merging or changing lanes
- Ignoring traffic signals or signs
- Distracted driving
- Failing to stop in time
- Inexperience with the vehicle or route
Additionally, there could be other issues that lead to a collision, such as:
- Improperly secured or overloaded cargo
- Poor truck maintenance
- Parts failures, often with tires or brakes
Drunk and drugged drivers cause collisions, as well. The number of drugged driving accidents in the United States is increasing at an alarming rate. Federal law mandates all commercial drivers undergo post-accident drug and alcohol testing. Our attorneys may subpoena these results if it seems pertinent to the case.
Call an Attorney’s Team about UPS Truck Accidents in Roswell
If one of the United Parcel Service's delivery vehicles hurt you, navigating the legal proceedings alone could become problematic. With an attorney by your side representing your best interests, you could seek the best possible results in your UPS truck accident case in Roswell.
Fortunately, a Rosewell personal injury lawyer could help you build your case against the UPS delivery company and hold them accountable for their driver’s negligence. We offer free initial consultations. Contact us today at (404) 609-1724 to get started on your case.
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