United Parcel Service, or UPS, is one of the largest shipping and receiving companies in the United States, and the company delivers thousands of packages every single day. UPS trucks are common sites on roads all over the country, and their frequency also means that UPS trucks are among the vehicles that can be involved in motor vehicle accidents.
UPS drivers are under tremendous pressure to get deliveries made on time, and there are occasions in which a UPS driver may be to blame for causing a crash. People need to understand that injury claims involving UPS trucks can be far more complicated than traditional car accident claims, and that’s why they need to work with an experienced truck accident lawyer so they can have the best chance of recovering as much financial compensation as possible.
UPS Company Snapshot
UPS was ranked number 34 on the Fortune 500 after increasing its revenue by 15 percent in 2021. The company now ranks as the top courier company worldwide, with an annual revenue of $92.287 million.
In October 2019, the Federal Aviation Administration (FAA) awarded UPS an airline certificate allowing the company to operate a nationwide fleet of drones. The Wall Street Journal reported that Amazon.com Inc. paid UPS $11.3 billion in 2020, accounting for 13.3 percent of UPS revenue.
UPS is headquartered in Atlanta, Georgia. The Federal Motor Carrier Safety Administration (FMCSA) reports that UPS trucks were involved in 2,888 crashes for the 24 months prior to January 24, 2023, including 67 fatal accidents and 1,032 injury crashes.
Common Factors in UPS Truck Crash Injury Settlements
Many UPS truck accident cases are going to involve people claiming that a UPS driver or the company itself was negligent. Some UPS drivers may commit certain unlawful or unsafe driving maneuvers that cause crashes, but it is also possible that the company itself could be liable for failure to adequately maintain a truck, issues with loading, or failure to adequately screen drivers.
The most common element of most settlement scenarios is that an insurance company for UPS will likely contact a person before they have even had the chance to think about calling a lawyer. You need to understand that most initial settlement offers from insurance companies are decidedly lowball offers designed to close out cases for as little as possible as quickly as possible.
You will want to have a lawyer on your side who can negotiate a truly fair and full settlement that covers all of your past, present, and future costs. When a settlement proves to be impossible, an attorney may file a lawsuit to take a case to trial.
How Are UPS Truck Accident Cases Handled Differently?
Following a UPS truck accident, a personal injury lawyer will be able to conduct their own independent investigation into the crash. A lawyer will be examining numerous details relating to the accident, including specifically dissecting the performance of a UPS vehicle and addressing any possible safety issues with the truck.
A UPS truck will still need to comply with federal standards and rules. There could be possible issues with hours of service for a driver, meaning they had been on the road for too long at the time of an accident.
Some cases will ultimately prove that a UPS driver was not negligent and it was actually another driver who was to blame for causing a collision. In multi-vehicle accidents, it becomes especially critical for people to retain legal counsel.
Types of UPS Truck Accidents
Truck accidents can involve a wide assortment of possible kinds of crashes. One of the most common kinds of large truck accidents is the rollover crash, in which a truck actually flips onto its side or rolls over completely.
These types of accidents can often endanger other road users and make it impossible to avoid a collision. Rollover accidents may be the result of driver error or could be a sign of an underlying issue with a vehicle.
Jackknife accidents are another common kind of UPS truck crash in which the cab and the trailer fold in on one another. A wide turn or “squeeze play” accident involves trucks making wide turns and trapping drivers.
An underride collision is when another vehicle slides under a UPS truck, while an override collision is when a UPS truck runs over another car. A T-Bone accident occurs when a UPS truck strikes the side of another vehicle.
Tire blowouts are another common cause of UPS truck accidents. There can also be rear-ended and head-on collisions.
Causes of a UPS Truck Accident
UPS truck accidents can stem from many different kinds of causes. One of the most common issues with most truck drivers is driver fatigue because commercial drivers have to work long hours and may have been on the road for longer than they were legally allowed.
Some UPS drivers may be guilty of driving while intoxicated (DWI) by either alcohol or drugs. It is also possible that a UPS driver may have been subject to distracted driving if they were using a cell phone, adjusting in-vehicle controls, or reading a map.
Speeding and reckless driving can be other common causes of UPS truck accidents. Some cases can involve UPS drivers failing to adjust properly to road conditions.
There can also be cases of improper training by UPS or negligent hiring by a trucking company. A lack of adequate vehicle maintenance could also be to blame for certain UPS truck accidents.
What to Do If You’re Injured in an Accident with a UPS Truck
- If you ever happen to be involved in a UPS truck accident, the first thing you will need to do is check yourself for injuries. Always call 911 right away to report your accident and then make an effort to seek medical attention as soon as possible.
- Visiting a hospital will be incredibly important because you will want to have a medical record confirming you sought treatment for an injury right away after an accident. Even if you do not think you were hurt, you still want to have an examination performed because many internal organ injuries do not display symptoms for several days.
- While you are at the scene of a crash, try to take as many pictures as you can of the entire scene of your accident. Also, look for witnesses and ask for their contact information.
- As soon as you can, make sure to reach out to a UPS truck accident lawyer. Our firm will not charge you anything unless we win or settle your case.
Determining Liability in a UPS Truck Accident
Liability is always a complex issue in a UPS truck accident case, and the insurance company representing UPS will try every trick in the book to claim that another party bears responsibility for causing a crash. People need to be aware of this approach when dealing with insurance companies because many insurers will try to trick people into making damaging admissions that can impact liability in these cases.
Liability will ultimately be determined through an appropriate investigation, as the evidence will usually make clear who should be at fault for a crash. UPS itself could be liable for negligence in terms of hiring, training, supervision, or retention.
Negligence for Not Maintaining UPS Trucks
FMCSA establishes that all motor carriers must systematically inspect, repair, and maintain all motor vehicles subject to their control, and parts and accessories need to be in safe and proper condition at all times. In other words, UPS must ensure that all of its vehicles are safe to operate.
A tire blowout is one of the most common signs of poor maintenance of trucks, but other common kinds of maintenance issues could include improperly balanced loads, brake failure, or lighting issues.
When can I sue the company if I get into an accident with a UPS driver?
UPS will do whatever it can to avoid liability. In some cases, UPS may claim its drivers were independent contractors, meaning the company cannot be held liable for the driver’s actions.
Should you be pursuing a claim against UPS itself, your claim will be much more challenging because UPS is going to be represented by extremely professional lawyers who will be committed to ensuring the company pays as little as possible to resolve a claim. UPS will also be in possession of many of the kinds of evidence a victim may need in these cases, but an attorney can send the company a letter of spoliation that will ensure it preserves and hands over all related evidence.
The UPS truck accident claim process
Following a UPS truck accident, a person who hires a personal injury lawyer will usually work with them on filing a claim. When a person files a claim with UPS, the company will usually investigate it and then begin negotiating a possible settlement if UPS does not automatically deny the claim.
Settlement negotiations could proceed for several months, and an attorney may have to file a lawsuit when the statute of limitations nears and a settlement appears to be an impossibility. Most insurance companies will typically agree to settlements because they do not want to pay the steep costs of taking a case to trial.
FAQs About UPS Accidents and Lawsuits
How long do accident victims have to file a UPS truck accident case?
There is usually a timeframe of two years to file a truck accident claim in the U.S., but each state has its own rules. For example, the Texas Civil Practice and Remedies Code § 16.003 gives people up to two years to file a claim for injuries in a truck accident case. There are some exceptions to this rule, however.
For example, an injury victim who is a child means the statute of limitations does not commence until the victim turns 18 years of age. When a person has a wrongful death case against UPS, the time limit does not begin to run until the date of a person’s death, which could be several days, weeks, or months after the original accident.
How Do I Know If the UPS Driver Was At Fault?
While many people can have concerns about their ability to prove a UPS driver was at fault for an accident, there can often be several kinds of evidence that can help. For example, the police report that is completed at the scene of the crash may specifically identify the UPS driver as having been at fault.
There is also a wide range of onboard computers and cameras in UPS vehicles that could contain evidence demonstrating a driver was at fault. People may also be able to rely on witness statements claiming that a driver was to blame.
What compensation can I get in a UPS accident lawsuit?
In a UPS truck accident, a person could be eligible to recover various kinds of compensatory damages. The phrase compensatory damages usually includes economic damages and noneconomic damages.
Economic damages refer to tangible costs that can be proven, such as medical bills, lost wages, and property damage. Noneconomic damages may include more subjective types of harm, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Who can file claims for UPS truck accidents?
Any person who suffers any kind of injury in a UPS truck accident will be allowed to seek compensation for their harm. This may include other drivers, passengers, or even people on the streets, such as pedestrians, bicyclists, or motorcyclists who are harmed.
Do I need a lawyer to sue UPS?
An attorney is not required but is usually recommended. People can certainly try to file UPS truck accident claims on their own, but insurance companies know how to take advantage of people representing themselves, and studies have consistently shown that people who have legal representation earn far more than those representing themselves.
When you work with a lawyer in your UPS truck accident case, you will get much more than just help to file a claim. An attorney can also assist you with all of your medical attention needs, including negotiating a lien with a hospital so you do not have to worry about any medical bills since your payment will come from your settlement or jury award.
How Do I File a UPS Accident Claim?
The possible value of a claim will determine the proper court to file the claim. When a claim is for less than $10,000 dollars, a person will file their claim in a Texas justice court or Texas constitutional county court, but a claim worth more than $10,000 will mean filing a lawsuit in the Texas county court.
Cases involving significant damages could see judges deciding the cases should be heard in a federal court. Federal courts are usually only involved in cases involving significant damages.
Do UPS Truck Accident Claims Have Higher Settlements?
UPS truck accident cases do have the potential to offer greater damages than most other types of motor vehicle accidents. The value of a settlement will depend on the severity of the claimant’s injuries, which can be more severe in a UPS truck accident than in a regular car crash.
Call Us Today to Speak with a UPS Truck Accident Lawyer
If you suffered serious injuries or your loved one was killed in a UPS truck accident, you cannot afford to wait to seek legal counsel. TK Injury Lawyers is committed to helping accident victims get justice for their injuries.
Our firm understands how complex UPS truck accident cases can be, but we will work tirelessly to help you hold the company accountable. Call (512) 982-9713 or contact us online to schedule a free consultation with our Truck accident lawyers.