Who Can Be Liable for Truck Accidents In Texas?
UPS, FedEx, and Amazon move a variety of goods across Houston and the rest of the United States. As the holiday season approaches, there are plenty of these trucks on the road. That means an increase in traffic throughout the area along with truck accidents. In turn, that can lead to a higher risk of colliding with one of these vehicles.
When these delivery trucks hit you, which parties are liable for the accident? We will look at who might be responsible for these crashes and how that can make a big impact on your personal injury claim.
Truck Collisions and the Question of Liability
In any type of civil action, there is the question of fault. Before you can start the claims process, you need to know who should be accountable for their behavior. Liability applies to all civil cases, including truck accidents.
All personal injury cases must have some element of negligence. In these situations, the driver or company acted in a manner that was reckless. As a result, that led to an incident.
For these delivery truck accident cases, negligent behavior can involve:
• Driver error
• Improper vehicle maintenance
• Failure to follow traffic laws
Many cases focus on the duty of care. This occurs when a person or another party fails to act with reasonable care. When someone gets behind the wheel, they need to make sure they act in a way that does not cause harm to others.
Your legal team will need to show that:
• A duty of care existed
• There was a breach of that duty
• The breach caused the accident
• Damages resulted from the accident
Employers can be held liable for the actions of their employees under the principle of “respondeat superior.” However, this can only apply if the crash occurred as they were performing their job. In this case, that would be driving and making deliveries.
Keep in mind that it is not always so clear cut. For example, liability will depend on whether the driver is an employee or an independent contractor at the time of the incident.
Under Texas law, accidents could be subjected to the comparative fault rule. If multiple parties share blame, their levels of fault will affect the amount of damages awarded by the court. For example, if you were 20% responsible for the accident, your compensation would be reduced by that percentage.
Sometimes, the amount of fault can prevent someone from collecting compensation. There is a 51% bar in Texas. If you were assigned more than 51% of the liability for the accident, recovering damages might be impossible.
Now that we know the basics of negligence in truck accidents, let’s turn to liability.
Liability in UPS Incidents
When it comes to moving packages, the United Parcel Service is a leader in the world. While some companies rely on contractors, UPS drivers are employees. That means the company can be held responsible for accidents caused by those drivers.
This is part of the respondeat superior principle as mentioned above. During the course of the driver’s job duties, if an incident occurs, then liability falls on UPS.
For example, if a UPS driver causes a rear-end collision while delivering packages, the company can be named in a lawsuit. Since the driver was performing duties on its behalf, UPS is likely to be held liable for damages.
However, your UPS truck accident attorney might need to uncover other factors behind the crash.
Maintenance might also be an issue in the accident. Since the company operates one of the largest delivery fleets in the world, it must keep its vehicles in safe working order. Failing to do so can be a form of direct liability.
Let’s look at this example. If a UPS truck with poorly maintained brakes causes an accident, there will be a review of the maintenance records. If the investigators find that the company neglected routine maintenance checks, it could face legal action for negligent vehicle maintenance.
Additionally, UPS is responsible for training and supervising all drivers. If a crash occurs due to poor hiring or management, then the injured party could argue that the company was negligent in those aspects.
Your UPS truck accident lawyer must examine all the details of the crash to find the responsible party.
In the past, the courts upheld liability claims against UPS due to its distinct employer-employee relationships. However, that is not always the case with other delivery companies in the United States.
Truck Crashes and FedEx
Establishing liability in a FedEx case can be a bit more challenging. This company has a business model that relies on direct employment drivers and independent contractors. With that dual structure, you could run into issues when it comes time to assign fault in a crash. Your FedEx truck accident lawyer will need to assess the facts of the case.
First, it will depend on what classification of driver caused the accident. This logistics service offers two distinct types of services: FedEx Express and FedEx Ground.
FedEx Express is responsible for air and time-sensitive deliveries. In most cases, these drivers are employees of the company. When an accident happens, FedEx is liable under respondeat superior.
For example, if a FedEx Express driver fails to stop at a red light while rushing to meet delivery deadlines, then the company would likely bear liability. Why? This is due to the fact that the driver was performing job duties as they caused the accident.
However, that is not the case with FedEx Ground. This portion of the company handles ground shipping services. For the most part, these services rely heavily on independent contractors for their operations. With that distinction, FedEx is shielded from liability in certain cases.
Since these individuals are independent contractors, the company is not responsible for their actions. FedEx can argue it is not liable because the driver is a separate business entity.
Other circumstances can affect liability. For instance, if FedEx exercises control over the contractor’s operations, such as requiring adherence to strict routes or imposing delivery quotas, then it could be considered a responsible party in the event of a truck accident.
Like UPS, FedEx is also responsible for maintaining its vehicles. If poor maintenance causes an accident, the company could face direct liability. For contractors using their vehicles, liability may fall on them.
However, if FedEx is proven to have contributed to the unsafe conditions of the vehicle, then liability falls back on the company. This could happen if a FedEx truck was involved in a crash and had defective tires. If FedEx owned the truck, it would bear liability. If the truck belonged to a contractor, liability might shift to them unless FedEx failed to perform vehicle safety checks.
There are times when liability could be placed on multiple parties. Any entity that contributed to the crash, such as a manufacturer of defective truck parts or a third-party logistics company, may be named in a lawsuit.
Your FedEx truck accident attorney will need to look at all the facts to help find the liable parties in these incidents.
Amazon Truck Accident Cases Are Very Complicated
Out of all the three companies, Amazon uses several types of classifications for its workers. Packages are delivered by company employed drivers, independent contractors, and third-party Delivery Service Partners (DSPs).
As a result, this can lead to plenty of debates involving fault in the courts. Your Amazon truck accident lawyer will need to unravel which party holds responsibility for these accidents.
For Amazon Prime Air and Freight Partners services, the company employs its own drivers. When these employees cause accidents, Amazon is liable under respondeat superior, just like UPS and FedEx Express.
However, Amazon is known for also using independent contractors to help make its deliveries. They are known as Amazon Flex drivers. These workers deliver packages using their own vehicles.
With this model, Amazon can argue that it is not liable for accidents caused by these workers. However, courts may hold the delivery company accountable if it mandates specific routes or schedules for package deliveries.
There is also the issue of third-party Delivery Service Partners. Many times, these contracted drivers are used for last-mile deliveries. Often, third-party companies directly hire these workers. They have no affiliation with Amazon.
When there is an accident, Amazon often deflects liability onto the DSPs. However, Amazon may share responsibility if it fails to vet the DSP or imposes unreasonable delivery expectations.
Over the years, Amazon has faced criticism for creating a high-pressure work environment. Drivers may feel forced to prioritize speed over safety. In turn, that has increased the likelihood of accidents. The Wall Street Journal has even reported that Amazon hired unqualified trucking companies to operate their vehicles. An Amazon truck accident attorney could argue that the company’s delivery quotas create unsafe conditions, making the company liable.
Amazon’s liability is frequently contested in court since it relies on contractors and third parties. Some courts have held Amazon liable for accidents caused by Flex drivers, while others have dismissed claims based on the company’s classification of drivers as independent contractors.
How to Show Liability in a Delivery Truck Accident
As we have pointed out, UPS, FedEx, and Amazon all operate in different ways. Whether they use direct employment, independent contractors, or third-party partnerships, your legal team will need to pinpoint the responsible parties. All of those factors can complicate liability. However, a truck accident lawyer will need to find out who may be responsible for your crash.
One of the first steps is to identify all entities connected to the crash. Many times, responsibility can extend beyond the driver. In these cases, the driver’s employee status is a vital fact. Even if the driver was an independent contractor or third-party provider, the amount of control exercised by the company over the driver might make them liable for the incident.
Along with that, the vehicle owner might even be responsible. If the truck was leased, maintenance obligations may shift to the leasing company or the owner of the vehicle.
Other third parties could also be liable in these cases. They may share responsibility if there was a defective part, or the vehicle was improperly loaded. In these cases, the vehicle manufacturer or cargo loader might share liability.
Evidence Is Important in Cases of Truck Accidents
A truck accident attorney will need to uncover the root cause of the crash. There are several steps to the process. First, these legal professionals will need to review police reports, witness statements, and surveillance footage to clarify what occurred.
Sometimes, truck accidents reconstruction may be required in these situations. These experts can analyze physical evidence, such as skid marks or vehicle damage, to recreate the sequence of events.
Fortunately, these vehicles are equipped with black boxes. Electronic logging devices (ELDs) or GPS systems provide data on speed, location, and driver activity. This can provide information if the driver was fatigued, speeding, or distracted. In those cases, the driver’s actions could be directly connected to the cause of the incident.
A Close Look at Corporate Practices with Truck Accidents
Along with physical evidence in truck accidents, your attorney may need to examine the policies of these companies. An investigation should focus on facts, such as driving training. For example, if the driver was not trained in proper safety protocols, then the delivery service could be accountable for the accident.
Scheduling may also be put under scrutiny. For example, if the logistic service demands strict delivery deadlines, that could encourage speeding or skipping breaks. In turn, it could implicate the company as engaging in unsafe practices.
Vehicle maintenance may also come into play. Your attorney will need to review maintenance logs to reveal whether the company neglected its duty to keep trucks in a safe working order.
Finally, hiring practices should be examined. Failure to vet drivers or hiring individuals with poor safety records can indicate corporate negligence.
Injured in a Delivery Truck Crash? We Can Help!
Liability can become complicated in these cases. Working with an experienced truck accident lawyer can help you shift through the case facts and help you get the compensation that you deserve.
Reach out to our office to see how we can assist with your claim.