Accidents with trucks and delivery vehicles are more common than you might think. Not only should negligent drivers be held accountable for the harm they cause, but so should the companies they work for. One such company may be FedEx, whose vehicles are among the most prevalent on the road.
Before you can sue FedEx for an accident involving one of its delivery trucks, we must determine whether the truck driver is at fault. Generally, an employer like FedEx may be held vicariously liable for injuries caused by an employee’s negligence. However, if the employee was not negligent, the employer likely cannot be held liable. It is a good idea to contact the police and report the accident so they can investigate and possible uncover evidence we can use to support your case.
For a free, confidential case evaluation, call (512) 612-3110 and ask our Austin, TX truck accident lawyers with Cap City Injury Attorneys for help.
How Do I Begin a Lawsuit for an Accident with a FedEx Truck in Texas?
We must follow very specific legal procedures to begin a lawsuit. Your attorney should know what information you need to file your lawsuit in the right court.
Contact the Police
First, you should call the police and report the accident. The police can provide emergency assistance until medical personnel arrive. They can also investigate the accident and compile their findings in a formal report. FedEx is a large company, and you need as much formal documentation on your side as possible.
Get the Driver’s Information
You must exchange information with the driver of the FedEx truck. This is important for insurance purposes, but you also need their information for a lawsuit. We may also need the driver’s information when our Killeen, TX truck accident lawyers contact the company FedEx. If we pursue legal action against them, whether through insurance or a lawsuit, we must establish the driver’s identity and that they were employed by FedEx.
Exhaust Insurance Options
Your attorney can assess your case from the beginning to help determine if a lawsuit is a realistic option. Even if a lawsuit is likely on the horizon, we must exhaust your insurance options first. If we appear in court and a judge learns that we did not file an insurance claim, they will likely direct us to do so before the case can proceed.
Who Do I Sue After an Accident Involving a FedEx Truck?
We must include the right defendants in your lawsuit. We may need to sue more than one defendant, and if any are mistakenly left out, you could miss out on compensation.
The FedEx Truck Driver
The driver of the FedEx vehicle may be directly responsible for the crash, and they will likely be heavily involved in your insurance claims and lawsuit. We can file claims under their liability coverage, including coverage that may be provided through FedEx. We may also name them as a defendant in a lawsuit.
FedEx as a Company
If the driver works for FedEx, which is possible but not certain, we may sue the company for damages. Under the legal principle of respondeat superior, employers may be vicariously liable for injuries caused negligent employees who caused the injuries while performing normal job duties.
However, if the FedEx driver is an independent contractor, the principle of respondeat superior may not apply.
What Kind of Evidence Do I Need to Sue for an Accident with a FedEx Truck?
Evidence is often unique in each case, which can make it hard to predict what you will need until you meet with a lawyer and review the facts of the case.
Photos and Videos
Take photos and record videos of the accident scene while you wait for help. Make sure to take photos of the FedEx vehicle, including the license plate, so we can affirm that the driver and vehicle are part of FedEx.
The Driver’s Details
Exchange information with the other driver and anyone else who might have stopped at the accident scene. You need the FedEx driver’s information to file an insurance claim and a lawsuit.
Witness Testimony
You also need the names of others at the scene, as they may provide witness testimony later. The more witnesses who can back up your claims, the stronger your case may be. Witnesses may include other drivers or passengers who were behind or ahead of the accident but were not directly involved. Even pedestrians who passed the accident scene may be able to provide testimony.
FAQs About Suing for an Accident with a FedEx Truck in Texas
Can I File an Insurance Claim After a Collision with a FedEx Truck?
Yes. An accident with a FedEx truck is still an auto accident, and it is likely covered by auto insurance. In Texas, drivers typically file third-party claims with the at-fault driver’s liability insurance. We must present evidence to the insurance company demonstrating that the other driver is at fault.
Who Can I Sue After an Accident with a FedEx Truck in Texas?
In a lawsuit, you may sue the negligent truck driver who caused the accident in addition to their employer, FedEx. However, not all drivers may be considered employees of FedEx. Some are independent contractors, and it may be harder to include FedEx in the lawsuit.
How Do I Start a Lawsuit for an Accident Involving a FedEx Vehicle?
You may begin a lawsuit by hiring an attorney to help you gather evidence and information surrounding the accident and your damages. Your attorney may then compile this information in a formal legal complaint and file it with the courts, officially kicking off your lawsuit.
When Should I Start an Injury Lawsuit for Injuries from an Accident with a FedEx Truck?
Personal injury lawsuits, including those stemming from accidents with FedEx trucks, must be filed no later than 2 years after the accident. The clock starts counting down on the day of the accident, so time is of the essence.
What Are My Damages Worth in a Lawsuit for an Accident with a FedEx Truck?
The value of your claims varies based on the severity of your injuries, medical care, financial costs, and painful experiences from the accident. Medical bills and property damage may exceed thousands of dollars. Non-economic damages for pain, suffering, and distress may also be substantial, although they are more subjective.
Should I Hire a Lawyer to Sue for Damages from an Accident with a FedEx Truck?
Yes. Navigating even a straightforward lawsuit can be difficult if you do not have a legal background or courtroom experience. The procedures necessary to get your case into court are known for being complex, and a lawyer can help you from the beginning of your case to the end.
Contact Our Texas Truck Accident Attorneys for Legal Support
For a free, confidential case evaluation, call (512) 612-3110 and ask our Temple, TX truck accident lawyers with Cap City Injury Attorneys for help.