What Should I Do If I Get Hit By a UPS Truck?
May 8, 2023 / Truck Accidents
A UPS Truck Lawyer Can Advise You About Getting Compensation
We see them every day in Indiana — UPS trucks speeding along highways and racing up and down residential streets. UPS drivers are under enormous pressure to deliver packages and stay on schedule. This pressure can lead to careless and dangerous driving behaviors. Drivers may zoom along at unsafe speeds, try to make lights that are about to turn red, turn quickly around blind corners, or back up without adequately checking for vehicles, bicycles, or pedestrians behind them. When accidents happen, whether they involve UPS semi-trucks that carry cargo for long distances or the recognizable brown vans that deliver packages to doorsteps, injuries can be severe. Fatalities can also result. U.S. government statistics show that UPS vehicles during a recent two-year period were involved in nearly 3,000 accidents. Of these, over 1,000 were injury crashes, and 70 involved fatalities.
If you were injured by a UPS truck and believe it was due to negligence by the driver, you may be entitled to compensation. To help your lawyer build a strong case, you need to know what to do after a UPS truck crash.
What Should You Do After a UPS Truck Crash?
Following a UPS truck crash, if you are not taken to the hospital by emergency responders, there are a few things you can do at the crash site to help gather evidence for your case. You should get contact information for any eyewitnesses to the accident. Exchange information with the UPS driver, including getting their full name, contact information, and license number; the license plate number of the vehicle; and their insurance information. Speak with the police who respond and provide them with an honest description of how the accident happened. If possible, take photographs and/or videos of the vehicles and the crash site.
See your doctor as soon as possible following the accident. Take photographs of your injuries if they are visible. Keep a file with your medical records. It can also be a good idea to keep a regular journal of how you feel each day and how the injuries have impacted your health, livelihood, and other areas of your life.
Consider getting legal guidance from an attorney who focuses on truck accidents. Attorneys who handle these types of cases often work on contingency, so you do not pay any legal fees upfront. You pay legal fees out of the settlement or award that you receive.
Who Is Liable for a UPS Truck Accident?
In most instances, UPS is liable for accidents caused by their drivers while on the job, as well as the careless driver. However, to seek compensation, you will need to prove that the driver was negligent and that their negligence directly led to the accident that caused your injuries. Proving negligence to get the amount of money to which you are entitled will not be a simple task in this situation. UPS is a global company worth over 150 billion dollars. The company has teams of lawyers to handle every negative situation that occurs, including driver accidents. They may quickly make you a lowball offer designed to make you go away. To have a better chance of getting the settlement you need, you should not try to go it alone against such a powerful corporation. An experienced personal injury attorney can help you negotiate a settlement to cover your medical expenses and other damages now and in the future. Your attorney can also investigate the accident to determine if any other parties may be liable.
Other Parties That May Share Liability
In addition to UPS and its driver, other liable parties (depending on all the circumstances of the accident) may include:
- Another driver or drivers whose actions contributed to the crash
- A truck parts manufacturer if brakes or other equipment failed
- Contractors or servicers tasked with maintaining UPS vehicles
Also, if a road hazard contributed to the accident, the government agency responsible for maintaining safe roads or the road construction company that performed improper repairs may be liable.
Anyone who helped cause the accident in which you were injured should be named in your claim. These parties will also have insurance policies that could influence the amount of compensation you could potentially receive.
Compensation in UPS Truck Accident Claims
Compensation is based on the damages you have suffered. Generally, the worse the injuries, the more damages you can claim. Damages in a UPS truck accident case may include payment for:
- Medical bills
- Lost wages and benefits and lost future income if you can’t work
- Help with personal care of household chores
- Property damage
- Pain and suffering
- Emotional trauma
- Disability and disfigurement.
It can be hard to figure out exactly what your damages are now and what you will need for the future. An attorney skilled in negotiating and litigating delivery truck accidents can assess your damages and help you determine what to claim. We may approach this process by consulting with:
- Your doctors to understand your injuries and your prognosis
- Mental health professionals to consider the emotional trauma and loss of enjoyment of life you suffered due to the accident
- Life care planners who are specialists in assessing an injured person’s needs for the future
- Vocational experts to determine how your current career and earning capacity will be affected by your injuries
- Economists to estimate how much money you will need to live at the same or a similar level in the future if your earnings are reduced due to injuries.
Wrongful Death Due to a UPS Truck Crash
If your family member was killed in a UPS truck crash, you may be able to get compensation through a wrongful death lawsuit. Damages in wrongful death suits can include payment for medical treatment prior to death, funeral and burial costs, lost love and companionship, lost comfort and support, and other damages.
How Does a UPS Truck Accident Claim Work?
After investigating the crash and gathering evidence of liability, a claim typically starts with your attorney approaching UPS to negotiate a settlement amount. If a fair settlement is offered that you feel adequately covers your damages, you may agree to accept it. On the other hand, if the company refuses to negotiate or continues to make unfair settlement offers, your case can potentially be resolved in court at trial.
Sometimes the mere threat of going to court shows corporations like UPS how serious a claimant is and encourages them to come back with a better offer. However, this is not always true and sometimes these cases go to trial to give injury victims a chance for a fair recovery. While our UPS truck accident lawyers settle many cases outside of court, we always prepare strong cases that will stand up at trial.
Speak to a UPS Truck Accident Lawyer for Help
If you have been involved in an accident with a UPS truck or other delivery vehicle, the attorneys at Stephenson Rife LLP in Indianapolis may be able to help you get compensation. Once we learn about all the details of your accident and injuries, we will advise you about the strength of your case and whether we believe you have a viable claim against the company and driver. We provide free, no-obligation consultations.
You should not wait to speak with an attorney if you are considering filing a claim. There is a two-year statute of limitations from the accident date in Indiana for filing personal injury claims. For wrongful death, you must file within two years of the date your family member passed away.
Contact us today to arrange a time to speak with an experienced attorney who has successfully helped many other victims of dangerous truck accidents. Call (317) 680-2350 for a free consultation.
Attorney Mike Stephenson
Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, just to name a few. Mike is a proven advocate and trial attorney. He has served as lead trial counsel in more than 100 civil jury trials, and has handled litigation in 18 states. [ Attorney Bio ]