If you are in an accident with a FedEx truck, the truck’s driver and, by extension, FedEx are the parties most likely to be liable for your injuries. However, other parties could also share legal responsibility. These include the manufacturer of the truck or its parts, the company that maintained and repaired the truck, and the shipper or loader of the truck’s cargo.
How Do You Prove Who Is Liable for a FedEx Truck Accident in Washington, D.C.?
Being in an accident with a FedEx truck can be a catastrophic experience – one that might leave you with severe injuries and considerable financial loss. While the liable party could owe you compensation for what you’ve suffered, proving their liability could be a complicated process. This is because multiple parties could be solely or partially to blame for the crash. In addition to the truck driver, FedEx, the manufacturer of the truck or its parts, the company responsible for maintenance, and the shipper or loader of the truck’s cargo could be to blame.
A FedEx accident attorney can determine who caused the crash and is therefore liable for your injuries by obtaining evidence like the following:
- The police accident report
- The truck’s black box data
- Dashcam and surveillance footage
- The driver’s logging device data
- The driver’s license and qualifications
- Weigh station reports
- Drug and alcohol testing of the driver
- Dispatch instructions
- Data and documentation on the loading of the truck
- Witness testimony
- Crash scene photos
- The truck’s repair, maintenance, and inspection records
- Tollbooth receipts and cell phone records
Your lawyer will review this evidence to determine whose careless behavior, violation of safety regulations, or other legal fault led to the accident – making them responsible for your injuries and losses.
What Is Vicarious Liability?
Vicarious liability is a legal concept that holds one party (often an employer) legally responsible for the actions that another party (the employee) takes on their behalf. This means a trucking company can sometimes be held accountable for a truck accident caused by its driver.
However, the following conditions must be met for an accident victim to hold FedEx vicariously liable for their injuries:
- The truck driver must be a FedEx employee, not an independent contractor. Technically, contractors aren’t considered employees of FedEx, so the company can’t be held vicariously liable for their actions.
- The driver must have been acting within their assigned job duties at the time of the accident. If the driver was using the truck in some unapproved way at the time of the crash, the company could argue that they weren’t working within their assigned scope of employment.
- The collision has to clearly result from the truck driver’s negligence or other legal fault. This can include speeding, being distracted behind the wheel, or violating FMCSA regulations about cargo securement or hours of service.
Trucking companies have large corporate insurance policies. Holding FedEx vicariously liable allows an injured party to seek additional compensation if their financial and personal costs exceed what’s covered by the individual truck’s liability insurance policy.
What Are Frequent Causes of FedEx Truck Accidents?
According to the Federal Motor Carrier Safety Administration (FMCSA), FedEx Ground trucks were involved in almost 90 fatal accidents and nearly 900 injury crashes over a recent 24-month period.
Commercial truck accidents are caused by a variety of factors, such as:
- Speeding and driving too fast for conditions
- Failing to yield or pass safely
- Distracted driving
- Intoxicated driving
- Sleep deprivation and fatigued driving
- Improper truck maintenance
- Manufacturing defects in the truck
- Improperly secured cargo
What Should I Do If I Am Hit by a FedEx Truck in Washington, D.C.?
If you are in a collision with a FedEx truck driver, you can protect your health and your right to compensation by:
- Seeking medical attention and requesting copies of your medical records
- Creating an evidence folder that includes items like accident scene photos, vehicle repair estimates, and an account of the event written while your memory of it is still fresh
- Gathering copies of pay stubs, tax records, and any communication with your employer to help calculate the value of your lost wages
- Not discussing the crash with the trucking company without a lawyer present
Critically, you should contact a truck accident attorney as soon as possible. Ask for a free consultation and bring your evidence folder for your prospective attorney to review so they can better advise you on your options.
Can I Sue FedEx for Damages and Injuries for the Accident?
If the FedEx driver caused the accident and is an employee of the company, you may be able to sue FedEx to demand compensation for your:
- Medical bills
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Emotional distress
- Vehicle repairs
An experienced truck accident lawyer can prove that the driver caused the collision and that FedEx is vicariously liable for their employee by:
- Investigating the accident scene to gather physical evidence
- Interviewing eyewitnesses
- Reviewing the truck driver’s logbook, driving record, and employment history
- Evaluating the truck’s maintenance and inspection records
Once they have finished their investigation, your lawyer can negotiate with FedEx for a settlement that fairly compensates you for the harm you’ve suffered without needing a trial. However, if FedEx won’t cooperate, your attorney can take them to court. Contact our Washington DC truck accident lawyer today.
Does FedEx Have Insurance for Its Drivers If They Are Involved in a D.C. Car Accident?
As required by law in Washington, D.C., all registered vehicles, including those owned for work purposes, must be covered by auto insurance. Commercial driver policies tend to be more comprehensive than those for individual drivers. The FMCSA also mandates substantial insurance policies for motor carriers, with minimums ranging from $750,000 to $5,000,000 depending on the kind of cargo transported. Our Washington DC car accident lawyer is here to help.
Contact a Washington, D.C., Truck Accident Lawyer
If you have been in a crash caused by a FedEx truck driver, don’t hesitate to take action. Contact Marks & Harrison today for a free consultation with a truck accident lawyer in Washington, D.C. We are ready to get to work on your case at no upfront cost to you.
