Determining Liability and Claiming Compensation In UPS Truck Accidents

Were you in a UPS truck accident and suffered significant injuries? If so, you’ll need the help of an experienced attorney, as filing a claim against UPS gets complicated and the large company has a strong insurance company behind itself. 

Most importantly, you will need the help of a UPS truck accident lawyer to determine liability in your UPS truck accident and assistance with getting the compensation you deserve. Keep reading to learn more about how to determine liability. You will also learn how to get a fair settlement after a traffic mishap with a UPS truck.

Who Is Liable When a UPS Truck Hits Your Car?

If the UPS truck driver hit your vehicle, the company is often considered liable for the accident. The reasoning is that UPS truck drivers are employees of the company. Essentially, UPS is liable unless the driver was negligent outside the scope of his or her employment.

For instance, if the driver drove the truck outside of working hours and away from delivery locations, UPS may not be liable for the accident. However, if the delivery driver was working and delivering packages during the collision, UPS is likely responsible.

Is UPS Liable for Negligent Drivers on Its Staff?

The standard known as vicarious liability means that UPS is at fault for any negligent drivers on its staff who get into vehicular accidents. Essentially, if a driver makes a major mistake while on the job, the company is liable. 

The reasoning is; if UPS had not hired that negligent truck driver, the accident would not have happened.

In What Ways Can UPS Be Considered Negligent?

UPS is responsible for their truck drivers in several specific ways, which include:

  • Hiring
  • Training
  • Retention
  • Supervision

UPS may be negligent and liable for an accident if the company’s managers failed to properly hire, train, retain, or supervise certain truck drivers. 

What Is the Claim Process Like With UPS?

UPS has a specific insurance policy handling its truck delivery drivers who end up involved in truck accidents. The car owner who was involved in the UPS truck accident will need to send a demand letter to UPS to pursue a settlement with its automotive insurance company. 

Then, the driver and his or her attorney can negotiate with the insurance company to get a fair settlement.

Should You Hire a Personal Injury Attorney After a UPS Truck Accident?

You will benefit from hiring a personal injury attorney soon after a UPS truck accident. The lawyer can help you prepare a demand letter, negotiate a settlement, and represent you in court if the case goes to trial. 

When Should You File a Lawsuit After a UPS Truck Accident?

You may want to file a lawsuit after a UPS truck accident if the damages exceed $1 million, which is the UPS maximum insurance policy. Also, if the UPS insurance company refuses to pay for your damages or refuses to admit liability, you should consider filing a lawsuit with the help of your attorney. 

How Do You Claim Compensation After a UPS Truck Crash?

You will need to collect evidence of your UPS truck accident. Gather photos of the accident, medical bills and medical records of your injuries, and fees from your mechanic for car repair. Further, you will need to hire a truck accident attorney to help you file a claim with UPS and/or file a lawsuit against the company.  

What Damages Can You Recover From UPS After an Accident?

With the help of an attorney, you can recover all types of damages from UPS after your vehicular accident. These damages include:

  • Ambulance and healthcare costs
  • Lost wages
  • A decline in earning capacity due to a potential disability
  • Disability damages
  • Punitive damages for malicious or intentional acts
  • Pain and suffering

Wrap Up

With the assistance of a UPS truck accident attorney, you can determine when UPS is at fault and gain the compensation you deserve. 

Related Posts