Maison Law Accident & Injury Lawyers of Fremont advocate on behalf of UPS truck accident victims. If you or a loved one has been injured in a UPS truck accident in Fremont, our team of truck accident attorneys will exercise every legal avenue to get you the compensation you need. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
Do I Need a Lawyer for a UPS Truck Accident in Fremont?
UPS stands for the United Parcel Service, Inc. The UPS company is one of the largest delivery corporations in the United States with an enormous fleet of delivery drivers. With the amount of employees UPS driving all over the U.S., they have a team of lawyers on hand to protect the company from liability whenever their drivers are involved in an accident. For this reason, it is advisable to speak to a reputable attorney if you find yourself on the wrong end of an accident with a UPS delivery driver.
Depending on the details of your accident, you may be able to sue UPS, but you will need to prove UPS was at fault for the accident and your injuries. By partnering with an accident attorney, they will be able to help you:
- Investigate the incident
- Determine a liable party or multiple liable parties
- Protect your liability and right to compensation from the insurance company.
Once the liable party is identified, you can sue for economic damages and non-economic damages. Together these include:
- Emergency room treatment
- Physical therapy
- In-home care
- Lost income
- Vehicle repair
- Loss of consortium
- Pain and suffering
- Future loss of earnings
- Loss of enjoyment of life
- Emotional pain
- Court costs and fees
Settling with UPS’s insurance by filing a claim with them isn’t always a bad idea, but you are likely to be left with unpaid medical bills and vehicle repairs. Studies have shown that personal injury victims who partnered with an attorney receive more compensation than those who did not.
Do UPS Drivers Have Insurance?
Yes, UPS drivers are insured by UPS’s insurance policy. If you’re involved in an accident with a UPS driver you will need to file an accident claim with the company’s insurance. If you decide to file a lawsuit, then you will be suing UPS, not the UPS driver. This is because the company is liable for the actions of their truck drivers through vicarious liability, which is covered in California’s Respondeat Superior Law, which states:
“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
What Happens If You Get Hit By a UPS Truck?
UPS drivers undergo extensive training through a program called Integrad to help drivers avoid accidents while on the job. Drivers are put through 5 to 9 days of driving and delivering simulations before they’re allowed to begin delivering packages in real-world scenarios. Even though all UPS drivers undergo safety training, accidents do happen. According to the Federal Motor Carrier Safety Administration, there were a total of 2,828 UPS truck accidents from 2020 – 2022.
After the immediate aftermath of a UPS truck accident, you will receive medical treatment. At some point, UPS’s insurance may offer you a settlement. By agreeing to that settlement, you waive your right to pursue an attorney, as well as any additional compensation from UPS. It is important to remember that you do not have to accept any settlement offer. And it is always advisable to at least speak with an accident attorney before agreeing to anything. If you decide to pursue a lawsuit through an attorney instead of accepting UPS’s settlement offer, then the next step is to find out who is responsible for the accident.
The simple answer may seem to be that UPS is responsible for the accident. However, UPS truck accidents are more complicated than they seem. The details of the accident must be investigated to reveal how many liable parties are responsible for compensating you for your damages. These details include:
- The type of accident
- Head-on collision
- Side-swipe
- Rear-end collision
- The cause of the accident
- Intoxicated driving
- A pedestrian causing a driver to swerve into another lane
- Speeding
- Not paying attention to the road
- The possible liable parties
- Manufacturer of the truck and its parts
- The truck company
- A third-party vehicle
- The owner of the cargo
- A local government or contract responsible for road or highway maintenance
What is the Typical Compensation for a UPS Truck Accident in Fremont?
If you’re injured in a UPS truck accident, you may be able to receive compensation for your damages. However, there is no average amount of compensation for a UPS accident as results vary widely on a case to case basis. There are three damages you can claim that will have a substantial impact on the amount of compensation you can receive. They include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
Contact a UPS Truck Accident Lawyer in Fremont
If you or a loved one has been involved in a UPS truck accident in Fremont, the personal injury attorneys at Maison Law are standing by to help you get the compensation you need. We understand the enormous medical costs associated with truck accidents and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.