UPS Truck Accidents in Texas: How to File a Claim Against a Delivery Driver
UPS delivery trucks make deliveries to homes and businesses across Texas and beyond on a daily basis. As they travel through busy city streets, tight parking lots and even in more rural areas, UPS trucks can cause vehicular, pedestrian and bicycle accidents. Such accidents can cause property damage, minor to serious injuries and even fatalities.
If you have been involved in an accident involving a UPS delivery truck, your truck accident lawyer will fight for your rights and help you get the full sum of financial compensation available to you under the law.
Who Is Liable in a UPS Truck Accident in Texas?
In Texas, the liability for an auto accident falls on the party that caused the accident. In many cases, the UPS truck driver causes the accident, but this does not hold true for every truck accident. For example, the UPS driver may have driven safely and responsibly, but a truck maintenance issue or a faulty auto part caused the accident. If unsafe road conditions, such as missing street sign, led to the accident, the government may be held liable.
In a UPS truck accident, the liable party may be either the driver, UPS, a third-party company or the government. A thorough investigation, including reviewing the police report, taking eyewitness statements, reviewing traffic cam footage and other steps, may be required to determine and prove liability. Your truck accident attorney will conduct a thorough investigation to determine who the responsible party or parties are.
Common Causes of UPS Truck Accidents
UPS trucks and their drivers exhibit a combination of behaviors that are not present with other types of motor vehicles. For example, the trucks make frequent stops and rarely park in designed parking areas. The drivers are often in a rush to meet their deadlines and drive at unsafe speeds. Their attention may be focused on finding street signs and building addresses.
In addition, by the end of a long shift, delivery drivers can be exhausted, which impairs their ability to drive safely. Other common causes of UPS truck accidents are following too closely, inexperienced drivers, inadequate driver training, improperly loaded cargo and failing to follow traffic laws.
With all of these factors in mind, it is not surprising to learn that UPS delivery trucks are involved in many vehicular, bicyclist and pedestrian accidents each year.
Steps to Take After a UPS Truck Accident in Texas
The steps you take after a UPS truck accident in Texas can impact the outcome of your claim. What should you do after an accident?
1. Call 911. By doing so, you will receive necessary medical attention as well as transportation to the hospital, if necessary. Your injuries can be properly documented by medical professionals. This will directly affect the compensation that you will receive from your claim. In addition, the police who respond to your 911 call will document the scene and create a report. The accident report will also include witness statements, if available. If you have time to do so before being transported to the hospital, ask to review report so that inaccurate or missing information can be corrected.
2. Gather essential information. You should obtain the UPS driver’s insurance, driver’s license and employment identification at the scene. If you are unable to do so, ask someone else to collect the information for you.
3. Take pictures and videos of the scene. You or someone else at the scene should take numerous photos and videos of the accident and surrounding areas. Document the truck’s corporate markings. Include images and videos from all sides. In addition, document the weather conditions, location and time of day.
4. If you did not need medical attention at the scene, you should seek medical care as soon as possible afterward. Often, the adrenaline rush experienced immediately after an accident can mask injuries and pain. Your physician can document your injuries.
5. Consult with a truck crash lawyer as soon as possible. Your lawyer will contact UPS’s insurance company directly and will handle the claim on your behalf.
What Compensation Can You Recover?
Your Texas truck accident lawyer will work hard to obtain the full compensation that you are entitled to under the law.
If you are a victim of a UPS truck accident, you can be compensated for:
– Property damage
– Medical expenses
– Pain and suffering
– Loss of income
– Decrease in future income
– Decline in quality of life
Challenges of Filing a UPS Truck Accident Claim
While contacting UPS’s insurer to file a claim is a relatively straightforward process, walking through the claim process is more stressful and complicated than it might initially seem. Insurance companies often settle a claim at a sum lower than what the victim in the accident is entitled to under the law. In some cases, the claim is denied.
As a major corporation, UPS has a legal team with extensive experience in claims disputes. The many nuances of state and federal law are difficult to understand, and insurance companies may attempt to take advantage of this. Because of these factors, disputing the amount of the claim or the claim’s denial is an uphill battle.
Hiring a truck crash attorney may deter UPS’s insurance company from denying the claim or reducing the amount. This is because the insurance company knows that you are being legally represented by a professional with deep knowledge of the law and your rights.
How Long Do You Have to File a Claim?
If you are involved in a UPS truck accident in Texas, you must file your claim within 30 days. If you file later, the insurance company may deny the claim outright. It could also state that it is impossible to assess the validity of the claim so long after the accident occurred.
However, some insurance policies are written with a deadline longer than 30 days. It is best to file a claim as soon as possible after a truck accident. This is because it is easier to recall the full details of the accident.
After you file the claim, the insurance company can take up to 15 days to determine if it will pay the claim and how much it will pay. Your Texas truck accident attorney will ensure that the payout is fair according to the law.
Do You Need a Lawyer for a UPS Truck Accident?
While UPS has a $1 million auto liability insurance policy, it is a major corporation that will fight to decrease the amount paid out to you. In addition, both state and federal regulations may impact the validity and outcome of a claim. You do not need a truck collision lawyer to file a claim after a UPS truck accident. However, your attorney will use deep knowledge of related laws and regulations as well as advanced negotiation skills and proven legal strategies. By doing so, your truck collision attorney can help you obtain the highest compensation available under the law.
FAQ’s About Truck Accidents in Texas
How Common Are UPS Truck Accidents?
As the population in Texas grows, the streets and highways are more crowded. At the same time, the popularity of e-commerce has increased, and this means that there are more UPS trucks on the road. In fact, according to FMCSA, UPS drivers drove more than 3.3 billion miles in 2023. That year, there were 2,469 UPS truck accidents. Seventy-one of these accidents involved fatalities, and 850 resulted in minor to serious injuries.
What If UPS’s Auto Insurance Policy Does Not Cover the Full Amount of the Claim?
UPS’s current auto insurance policy covers up to $1 million in bodily injury. For property damage, the coverage limit is also $1 million. In Texas, the liable party is fully responsible for the damages it causes regardless of the insurance policy’s overage limit. If the claim exceeds the coverage limit, your lawyer can seek the remaining compensation directly from UPS.
What Happens If UPS Claims the Driver Is an Independent Contractor?
This is a common tactic used by delivery companies to dispute a claim. Your truck accident lawyer will review the circumstances of the accident to determine the best course of action.
How Will Hiring a Truck Crash Attorney Help My Claim?
Your attorney is an invaluable resource after being in a UPS truck accident. First, you will receive professional legal guidance and support throughout the claims process. To ensure that the claim is settled fairly, your attorney will complete a thorough investigation. By doing so, the liable parties can be identified. In some cases, there is more than one liable party. Your attorney will also file the claim and handle all of the stressful correspondence with UPS and the insurance company. Negotiations are common in a UPS truck accident claim.
Should I File a Claim with UPS or the Insurance Company?
Typically, a truck accident claim is filed with UPS. UPS will then pass the claim to its insurance company. Insurance companies for a major corporation like UPS may dispute the value of the damages, allege comparative fault or use other tactics to settle for less than you are entitled to under the law or to deny the claim altogether.