UPS trucks are large and heavy. If they are involved in a crash, the other driver may be seriously hurt. Injured drivers may be entitled to fair compensation from the UPS driver and possibly their employer. An attorney can help you cover your damages so you can return to your normal life.
An attorney should help you gather information and evidence related to your claims. This may include medical records regarding your injuries, evidence from the accident scene, and records from UPS regarding the driver who caused the accident. You and your lawyer must include all this information in a formal legal complaint that explains how the accident happened, why the defendant is responsible, and what kind of compensation you believe you are entitled to.
Call Cap City Injury Attorneys at (512) 612-3110 and ask our Austin, TX truck accident attorneys for a free review of your case to get started.
How Do I Start a Lawsuit After a UPS Truck Accident in Texas?
Starting a lawsuit is not simple. We need a huge amount of information about evidence, damages, and how the accident with the UPS truck occurred, and it might not be easy to gather.
Call for Help and Get a Lawyer
First, you should call a lawyer for help. Immediately after the accident, you should call for emergency help. Get an ambulance if you need one and contact the police. After you receive any medical care you need, call a lawyer to discuss how you can begin a lawsuit.
Gather Information and Evidence
Once you have a lawyer who knows how to help you, they should begin gathering extensive information, evidence, and details about the case. Our Texas truck accident attorneys need information about how the accident happened, who was involved, and why we believe the UPS driver and possibly the UPS company are responsible. If any of this information is lacking, your case may be in jeopardy.
Draft a Formal Complaint
Your lawsuit officially begins when we file a formal complaint with the court. The complaint is a legal document that must contain all the information and details mentioned above. We must also include information about the evidence we have. While we do not have to show we have enough evidence to meet our burden of proof, we must show that there is enough to establish a valid cause of action.
What Kind of Evidence is Required to Sue for an Accident with a UPS Truck?
Evidence in a UPS truck accident case may be specific to your claims, but some common evidence tends to come up in lots of cases.
Evidence from the Scene
Evidence from the accident scene is critical in most accident cases. If possible, you should take photos and record videos of the accident scene. Be sure to get photos and videos showing the UPS vehicle and license plate.
We may also check the surrounding area for security cameras that may have recorded the accident. Additionally, we should speak with witnesses whose testimony may clarify the circumstances.
Evidence of Your Damages
Not only do we need evidence of how the accident happened, but we also need evidence of your injuries and damages. First, we should request copies of your medical records related to your treatment. Next, we should preserve any evidence of financial costs, like receipts, bank statements, and credit card statements.
Burden of Proof
Whatever evidence we have, it must be sufficient to meet the burden of proof. In a civil personal injury case, the plaintiff must prove their claim by a preponderance of the evidence. Put another way, we must prove that it is more likely than not that the defendant is responsible for the accident.
Who Can I Sue After a UPS Truck Collision?
While many people know that they can sue the other driver in a truck accident, they might not realize that the driver’s employer might also be implicated.
The Truck’s Driver
Of course, the driver of the UPS truck should be held responsible. Many accidents are the direct result of truck driver negligence. For example, truckers might be fatigued on the road, inadequately trained by their employers, or driving recklessly.
UPS
We can also sue the company UPS, but only under certain circumstances. UPS may be held vicariously liable for the accident if we can show that the driver is an employee who negligently caused the accident while performing their normal job duties.
Even if we cannot have UPS held vicariously liable, we may be able to prove negligent hiring or negligent entrustment if the driver was unfit to work and the UPS company knew but hired them anyway.
FAQs About How to Sue for an Accident Involving a UPS Truck in Texas
Can I Sue for Injuries from a Crash with a UPS Truck in Texas?
Yes. Like most other vehicle accidents, you may sue for damages after an accident with a UPS truck. Bear in mind that courts usually require plaintiffs to exhaust their insurance options before bringing their claims to court.
Who Should I Sue for an Accident with a UPS Truck?
There may be multiple defendants in a lawsuit arising from an accident involving a UPS truck. First, we can sue the truck driver who likely directly caused the accident. Second, you can sue UPS, as employers may be held vicariously liable for injuries caused by negligent employees. However, we must ensure that the UPS truck driver is an employee, not an independent contractor.
When Should I File a Lawsuit for a UPS Truck Crash?
When a plaintiff sues for personal injuries from an accident, they must file their claims within the time established by the statute of limitations. In Texas, plaintiffs must file their claims in court no later than 2 years from the date of the accident.
What Do I Need to Begin a Lawsuit After a UPS Truck Accident in Texas?
To start your lawsuit, you and your lawyer must file a formal legal complaint in the correct court. The complaint must specifically spell out your claims, how the accident occurred, your injuries and damages, and more. This document sets the tone of your case, and we must draft it carefully.
Is a Lawsuit for a UPS Truck Accident Worth a Lot of Money?
Possibly. Accidents involving larger vehicles, like UPS trucks, tend to cause more damage and injuries. As such, your damages related to property damage and medical bills are more likely to be greater. Be sure to review all your damages with your lawyer to determine precisely what your claims are worth.
How Long Does it Take to Sue for an Accident with a UPS Truck?
Lawsuits usually take time. It is not unusual for an injury lawsuit to take several months to complete. More complex lawsuits might take longer, with some lasting more than a year. While this can be daunting, do not be dissuaded from filing your claims.
Speak with Our Texas Truck Accident Lawyers to Begin Your Case
Call Cap City Injury Attorneys at (512) 612-3110 and ask our Kyle, TX truck accident attorneys for a free review of your case to get started.