Consumers today are purchasing more and more goods online. This means more home deliveries are being made.
United Parcel Service (UPS) is one of the biggest commercial delivery services in the United States. And with all the deliveries being ordered, UPS has more drivers on the road than ever before.
An accident caused by a UPS delivery truck raises complex questions regarding whether the driver is liable, or UPS itself. For the answer to this question and how it relates to an accident with a UPS truck in California, read further.
Who is Liable For My California UPS Accident Injuries?
Determining who is liable for an accident and the resulting injuries and losses is a crucial part of every accident claim. To establish liability, the plaintiff must prove that the defendant acted negligently, and that this negligence was the actual or proximate cause of their injuries and losses.
To establish negligence in the case of an accident involving a UPS delivery truck, you must provide evidence that the UPS delivery driver engaged in negligent conduct and that this conduct led to your accident. Evidence that is typically provided in an accident case involving a delivery truck is as follows:
- Failure to follow traffic laws;
- Distracted driving;
- Driver fatigue;
- Mechanical failure;
- Poor training; and
- Poorly loaded cargo
Filing a civil lawsuit will allow you to bring a claim for compensation against anyone whose negligence caused or contributed to you suffering an injury. This is pretty straightforward if you are only bringing a claim against the party or parties that actually caused the harm. However, there may also be other parties against whom you may bring a claim.
In many cases, an employer may be held liable for the actions of an employee whose negligence or wrongful actions cause someone else to be injured. Under the legal concept of vicarious liability, UPS may also be held liable if one of its delivery drivers injures someone during the course of performing their employment duties.
For example, if the UPS delivery driver causes an accident that injured someone while en route to deliver a package, the driver will typically be assumed to have been acting within the scope of their employment, and UPS will be held just as liable for the resulting damages as the driver.
On the other hand, if the accident occurred while the driver was on an unpaid lunch break, was running personal errands, or using the truck before or after work hours when the accident occurred, there is a good chance that UPS would not be held liable for the driver’s actions.
Why Is Vicarious Liability Important To My California UPS Accident Claim?
Being able to hold UPS vicariously liable can be extremely important to your UPS accident claim. This is because, under most circumstances, UPS will have more insurance and more resources than the delivery driver. What that means for you is a larger pool of resources available to compensate you for your injuries and losses.
However, establishing vicarious liability can be difficult. 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, that only an attorney, like those at eAccidents, who has a significant amount of experience handling these types of accident cases will possess.
How An Experienced California UPS Accident Attorney Can Help
Accidents involving trucks often result in more catastrophic injuries than those involving only passenger vehicles. Common injuries after a truck accident include:
- Traumatic brain injury;
- Spinal Cord injuries;
- Neck and Back pain injuries;
- Broken bones; and
- Internal injuries
After a catastrophic accident, the victims, or the family members they left behind, are often overwhelmed by the entire situation. The medical bills, lost wages, and day-to-day life after the accident can be paralyzing for everyone involved.
Add to this the fact that the odds are stacked against them because they will have to go up against a large company and its insurance provider to recover the compensation they deserve. Thus, if you or a loved one was injured in an accident involving a large company like UPS, you need to hire the right attorney to represent you and your family.
Experience is everything in these types of cases. You need to hire a firm like eAccidents who has been up against large companies like UPS before.
You need an attorney who knows how to hold UPS vicariously liable for a driver’s negligence. UPS and its insurance companies know which law firms have experience in handling these types of cases and which law firms do not, and will treat them accordingly.
Why Choose a California UPS Accident Attorney From eAccidents?
Representing a victim of an accident with a commercial truck owned by a large company like UPS requires a team of lawyers and experts to get the job done, and done right. The lawyers and the experts working for eAccidents will evaluate onboard computer data from the delivery truck, maintenance records, and driver logs.
We will also investigate whether the driver was qualified to be behind the wheel, whether he or she was fatigued from driving too long, as well as, whether any federal or state regulations were violated.
eAccidents specializes in personal injury accidents, including those involving commercial trucks. We are the preeminent law firm that is called when someone has been seriously injured or even killed in an accident in California and help is needed to recover compensation for the victims. For the answers you need about how an accident claim involving a UPS truck must be handled, from a knowledgeable and experienced California UPS accident attorney, call eAccidents today at 844-400-0123 to arrange a free case evaluation.