UPS truck accidents occur and have increased as E-commerce has grown.
Being involved in an accident with a United Parcel Service (UPS) truck may be overwhelming in terms of stress and knowing where to turn.
Since the claims process isn’t straightforward, you probably have several questions regarding UPS vehicle accident claims.
If you were injured by a UPS truck in New Mexico or in the state of Texas we can represent you.
Discuss your case with us during a free consultation. We represent those injured throughout the state of Texas and New Mexico
Here are the most frequently asked questions about UPS truck accidents and when it may be necessary to hire a truck accident attorney for your claim.
If a UPS truck hits your car, you should take the following steps:
1. Call the police immediately and report the incident.
2. Exchange information with the UPS driver, including contact and insurance details.
3. Take photos of the damage to both vehicles for your records.
Common Cause of a UPS Truck Accident
Since the goal of UPS is express delivery, it’s not surprising that its drivers get into accidents from time to time. UPS drivers spend most of their day on the road trying to deliver packages as fast as possible, greatly increasing the risk of a crash.
Some of the most common causes of UPS crashes include:
- Speeding,
- Distracted driving,
- Falling asleep at the wheel,
- Damaged truck parts, and
- Improper truck loading.
For this reason, it’s always important to drive carefully around UPS delivery vehicles. Ultimately, companies like UPS often cut corners on safety to make on-time delivery.
How Often Does an Accident With UPS Truck Occur?
We often get the question, “How often does an accident with UPS truck occur?” Unfortunately, with a large fleet of trucks, comes the risk of accidents. As a result, the Federal Motor Carrier Safety Administration (FMCSA) publishes accident information online for all trucking companies in the United States.
According to the FMCSA’s Safety Measure System, UPS has been involved in 2,852 reported crashes since October 2019. That’s about 3-4 UPS truck accidents per day. In addition, around 35% of these accidents involved an injury, and about 2% had a reported fatality.
A UPS Truck Hit My Car. Who Is Responsible?
While some delivery businesses have independent contractors, UPS drivers are employees. This means that UPS may be vicariously liable for the actions of its driver. However, this depends on the specific negligent actions of the driver and whether they acted within the scope of their employment.
For example, if a UPS driver crashes while making a delivery, UPS likely may be responsible. In contrast, if the driver crashes while using a company vehicle to run personal errands or intentionally harms you, the driver might be responsible instead.
What Does the UPS Vehicle Accident Claims Process Look Like?
Like most companies, UPS has its own insurance policy for car accidents involving its drivers. Generally, the process begins when you file a demand letter with the company pursuing a settlement with its insurance company. You then must negotiate with the insurance company for an appropriate settlement.
When a UPS driver is involved in an accident, UPS has a comprehensive accident policy in place. According to this policy, UPS is responsible for covering the costs associated with injuries sustained in the accident and any damage to vehicles or other property. This policy holds UPS accountable for ensuring that adequate compensation is provided to individuals affected by accidents involving their drivers.
Currently, UPS has $1 million in bodily injury and property damage liability coverage from Liberty Mutual. This covers any injuries or damage to your vehicle due to the crash. However, if your damages exceed this coverage, we suggest you contact one of our truck accident attorneys.
When Should I Consider Filing a Lawsuit?
The decision to file a lawsuit depends on the unique circumstances of your case. However, there are a few situations where you might want to consider speaking with our attorneys. A lawsuit may be necessary if:
- Your total damages exceed the UPS insurance policy maximum of $1 million,
- The insurance company refuses to make an offer to compensate you for your injuries, or
- UPS or the insurance company won’t admit the driver’s fault in the accident.
Remember that the goal of the insurance company is to reduce your claim as much as possible. Having an attorney negotiate on your behalf helps even the odds against the insurance company’s legal team.
Injured in an Accident With a UPS Truck? We Can Help
If you’re injured in an accident with a UPS truck we can help! If a UPS driver injures you in an accident, don’t rely on the company’s insurance policy to cover you. You need a truck accident attorney with the skill, compassion, and integrity necessary to take on a large company. At Tawney, Acosta & Chaparro P.C., we fiercely advocate for the well-being of our clients.
Our proven team of attorneys and staff have one goal in mind: getting you the compensation you need to recover. To set up a free consultation, contact us online or call us at one of our offices in New Mexico or Texas. We’ll evaluate your case and go over all your legal options.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona where he attended Northern Arizona University where he received his undergraduate degree. James then went on to attend Texas Tech University School of Law in Lubbock, Texas. In 2016, he, along with fellow plaintiff’s attorney Alejandro Acosta, founded Flores, Tawney & Acosta, P.C. with offices located in Las Cruces and Carlsbad, New Mexico, and El Paso, Texas.
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