FedEx has more than 170,000 trucks on US roads every day. With so many trucks in operation, you can be certain that FedEx has insurance policies in place to protect itself from liability for accidents its trucks may cause, as well as, a team of defense lawyers trained to minimize or deny accident claims.
If you have been injured in an accident involving a FedEx truck in California, you should not underestimate the benefits of hiring a good California FedEx accident attorney to assist you with your accident claim.
In fact, the first step you should take after being injured in an accident with a FedEx truck is to avoid signing any forms or giving any statement to any insurance adjuster or representative sent by FedEx, until you have consulted an experienced California personal injury attorney, like the experts at eAccidents, who has a proven track record of success handling truck accident cases, particularly those involving FedEx.
Common Causes Of FedEx Accidents In California
Accident cases involving commercial trucks like those used by FedEx can be very complex. Drivers are often under a tremendous amount of pressure to make their deliveries as fast as possible. This sometimes results in careless and reckless behavior that ultimately ends in an accident.
Common causes of FedEx accidents include:
- The driver forgetting to engage the parking brakes when making a delivery;
- Inadequate training;
- Driver fatigue;
- Improper loading; and
- Failing to perform required safety checks and repairs on the vehicle.
Other causes of FedEx accident mirror those that are typically the cause of other types of motor vehicle accidents, specifically:
- Driver error;
- Disobeying traffic laws;
- Poor road conditions;
- Bad weather;
- Mechanical malfunction; and
- Intoxication
What You Need To Prove In A FedEx Accident Case In California
If you were injured in an accident with a FedEx delivery truck in California, you may be entitled to file a claim to be compensated for your injuries and losses. But for your claim to succeed, you will need to prove negligence on the part of the driver. This means establishing the following:
- The driver owed you a duty of care;
- The driver breached this duty of care;
- The driver’s breach of care was the actual or proximate cause of the accident; and
- You suffered actual damages as a result of the accident.
For example, if after delivering a package, the FedEx driver pulled away from the curb quickly without checking to make sure there was no one passing him and, as a result, the truck hit your car and injured you, a court would likely find the driver to have acted negligently.
However, if you were traveling faster than the speed limit when the truck struck your vehicle, you may also be found to have acted negligently. Under the doctrine of Comparative Negligence, you may also be assigned a percentage of fault for the accident. In this case, your damages will be reduced by an amount equal to your degree of fault.
For instance, if your damages add up to $50,000 and you are found to be 25% at fault, and the driver is found to be 75% at fault, you will only be able to recover $37,500 in damages.
Vicarious Liability
The concept of vicarious liability typically holds employers responsible for the actions of their employees. Under this concept, FedEx may also be found liable for accidents and injuries caused by its drivers.
FedEx is certain to have vastly more insurance and more resources than an individual driver. What that means for your FedEx accident case is that there is a bigger pool of resources available to make you whole following the accident and your injuries.
The most important factor to be considered when determining if FedEx can be held vicariously liable for your FedEx accident injuries is whether or not the driver was working or acting within the scope of his or her employment with FedEx when the accident occurred.
For example, if the driver was operating a FedEx vehicle and, through his or her own actions, caused the motor vehicle accident in which you were injured, the driver will typically be assumed to have been acting within the scope of their employment, and FedEx will be held just as liable for your damages as the driver.
On the other hand, if the same driver had stopped or taken a detour from his or her delivery route to handle some personal business, and during that time caused the accident in which you were injured, then there is the possibility that FedEx would not be held liable for the driver’s actions. In this case, you may only be able to recover compensation through the driver’s personal auto insurance policy, to the extent of his or her coverage limits.
Contact an Experienced California FedEx Accident Attorney
Establishing vicarious liability can be extremely important in your California FedEx accident case, but also challenging. It requires an in-depth investigation into the facts and circumstances of the accident, as well as a good understanding of the nuances involved in vicarious liability law.
This type of experience and expertise is why people hire us when they have been injured by a FedEx truck or other commercial vehicle in California. The California FedEx accident attorneys at eAccidents have the experience and knowledge to get the job done, and done right.
If you have been involved in an accident with a FedEx truck in California, please give eAccidents a call at 844-400-0123 so that we can start an investigation and provide you with the help that you need.
