FedEx is a well-known package delivery company that offers fast delivery times. However, fast deliveries can often lead to severe accidents and injuries. If you’ve been injured by a FedEx truck driver in an accident, our South Bend FedEx truck accident lawyers can help you get justice and compensation.
At Vaughan & Vaughan, our South Bend truck accident lawyers have been helping truck injury victims for more than 110 years. Our team can help you understand the steps to take in your case so that you can recover compensation.
What to Do After a FedEx Truck Accident
If you’ve been involved in a collision with a FedEx truck, it’s important to follow some key steps in the immediate aftermath. The steps you should take include:
- Call 911 for emergency assistance if anyone is injured. Seek necessary medical treatment without delay.
- Contact the police and request they file an official accident report. Providing accurate details to authorities helps in establishing fault later.
- Do not admit fault or sign anything assigning liability without legal counsel. One mistake can jeopardize an insurance claim.
- As safely possible, record details of the scene, like photos of the vehicle, property damage, road markings, and traffic lights. This type of evidence strengthens a case.
- Obtain contact and insurance information from all involved parties, including the FedEx driver, directly, if possible.
- Notify your insurer and retain a South Bend personal injury lawyer experienced in commercial trucking litigation as soon as possible. The legal process moves quickly, and mistakes can forfeit rights.
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The Attention It Deserves
What Other Parties Could Be Liable for Your Injuries?
In addition to FedEx’s driver, there are several other parties that you could hold accountable for your financial and non-economic losses. Some of the parties involved that could be liable for your injuries include:
The Trucking Company
If the vehicle was owned or operated by an independent carrier, our South Bend FedEx truck accident attorneys thoroughly review their safety records for prior crashes or violations. We obtain driver qualification files to ensure proper licensing and training.
We investigate if maintenance procedures or load securement protocols were followed. We may issue subpoenas if records show a pattern of noncompliance with regulations. Testament from former employees about inadequate oversight or pressure to violate hours of service rules can strengthen a case against the carrier.
Vehicle Maintenance Companies
Our legal team requests service records from mechanical shops dating back several years. We may hire expert witnesses to examine the records for signs that certain repairs or inspections were missed.
If components like brakes or suspension parts were due to be replaced according to schedules yet failed prematurely, it suggests negligence. Depositions of mechanics may reveal shortcuts, lack of training, or nonconforming part substitutions.
Parts Manufacturers
Our team may do an engineering analysis of defective components and review the design blueprint. We identify problems like material defects, engineering flaws, or inadequate durability testing from internal documents. These findings support product liability claims holding manufacturers to their duty to prevent foreseeable harm from equipment.
Remember that our team at Vaughan & Vaughan can hold multiple parties accountable, in addition to the FedEx driver. Any party that contributed to your accident and injuries could be liable, and you can recover compensation from them once we settle your personal injury claim.
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unless you win
Types of Compensation Available to FedEx Truck Crash Victims
If you’ve been injured in a collision with a FedEx truck, you may be entitled to several types of compensation to cover your losses. An experienced truck accident attorney can pursue the full scope of damages, including:
- Medical expenses: All costs for your initial hospitalization, surgeries, procedures, therapies, prescriptions, and future medical needs are recoverable.
- Lost wages: The attorney will calculate your past and potential future lost income during time away from work for medical care and rehabilitation.
- Pain and suffering: No financial amount fully alleviates your physical and mental anguish, but monetary damages acknowledge your endured hardship.
- Loss of quality of life: Activities, relationships, and pleasures diminished by accident-caused impairments have a value in compensation.
- Property damage: Replacement or repair costs for your vehicle and other personal items are included.
- Life care planning: Extensive needs for assistive care, home health aides, or ongoing doctor visits have an economic impact.
How Can a South Bend FedEx Truck Accident Attorney Deal With the Insurance Company?
Many victims of FedEx truck accidents assume the insurance company will handle their claims fairly.
However, it’s important to understand that the insurance company’s goal is to limit its financial liability as much as possible. That’s where an experienced truck accident attorney can help.
Countering Bad-Faith Insurance Tactics
One tactic insurance companies use is pointing to FedEx’s claim that its drivers are independent contractors rather than employees. This allows FedEx to argue it is not legally responsible for the contractor’s negligence.
However, an attorney can present compelling evidence to show that FedEx exercises a significant amount of control over drivers through policies, procedures, and oversight. This establishes that FedEx can still be considered a common carrier responsible for accidents caused by its contracted drivers.
Insurance companies also often lowball their initial settlement offers, hoping you will accept the payment without much pushback. We can counter this tactic by conducting a thorough investigation of the case and highlighting weaknesses in the insurance company’s position. With complete documentation of the full scope of your injuries and damages, the lawyer can force the insurer to re-evaluate and offer a more reasonable settlement amount.
Contact Our South Bend FedEx Truck Accident Attorneys Today
At Vaughan & Vaughan, our team of FedEx truck accident lawyers in South Bend is ready to help you recover from your losses. We can negotiate a settlement that covers your losses even if the insurance company initially lowballs you.
Contact us today for a free consultation.
