After a normal car accident, you may suffer from a traumatic brain injury, spinal injury, or whiplash. Because of how large it is, a FedEx truck can lead to particularly debilitating injuries. Through the help of a personal injury attorney, you can compile evidence and prove who was the negligent party in your case.
How Can a Personal Injury Lawyer Help?
If you are like most people, you have relatively little experience in the courtroom. Unless something goes wrong, most families do not have a pressing need to understand the American justice system. Because of this, it can be difficult to learn how to file a legal case.
In addition, you have to file your legal case under the worst circumstances possible. After an accident, you have to go to countless medical appointments, deal with your insurance company, and repair your vehicle. Your busy schedule and major injuries can distract you from compiling evidence, interviewing witnesses, and learning about the legal system.
More importantly, a law firm has experience working with personal injury and wrongful death cases. They know what type of tricks the other party will try to use and how to counteract these tricks. With the help of an experienced attorney, you can learn about your legal options following a truck accident.
Is FedEx Legally Liable?
There are 38,824 car crashes each year in the United States. In total, FedEx operates more than 210,000 vehicles around the world. Unsurprisingly, some of these FedEx vehicles end up getting into accidents from time to time.
While proving liability after an accident may seem straightforward, it can actually be quite challenging. Legally, many of these drivers are not official employees of FedEx. If you try to bring FedEx to court, the organization’s lawyers might get the suit dismissed by saying the driver is liable instead of FedEx.
Fortunately, a good FedEx truck accident lawyer can help you avoid this issue. In recent years, FedEx has argued that it does not have any accident liability because its drivers do not work for the company and are considered independent contractors. This is a problem for plaintiffs because FedEx generally has deeper pockets for paying FedEx truck lawsuits than drivers do.
Thankfully, this situation is gradually starting to change. Even though FedEx asserts that its drivers are not employees of the company, some judges have said otherwise during employment law cases. When it comes to a truck accident, you may still have to sue the individual contractor instead of FedEx. If this is the case, the individual’s insurance company would have to pay for the settlement. Depending on your situation, your lawyer may still want to review whether suing FedEx is a viable option or not.
What Type of Injuries Can Happen in a Truck Accident?
When you get in an accident with a FedEx truck, you can end up suffering from a range of different injuries. Spinal injuries and traumatic brain injuries are extremely common. You can also suffer from cuts, bruises, whiplash injuries, broken bones, concussions, dislocated discs, and brain bleeds. Psychologically, you may develop post-traumatic stress disorder (PTSD), depression, anxiety, and accident-related phobias.
These injuries will become worse if you do not get them treated in a timely way. Unfortunately, whiplash and similar injuries may not appear right away. Because of this, victims do not always get the care they need. Without the right medical treatment, car accident injuries can become fatal. Each year, 42,915 people die in a vehicle accident.
What Should You Do After You Get in an Accident With a FedEx Truck?
After you get into a truck accident, you have to take measures to protect your physical and financial health. In general, your first step is to make sure everyone gets the medical care they need. Then, you should carefully document your damages and other details about the crash.
A truck can cause immense damage if you are in a small vehicle. You may end up having lost wages, car repairs, and hospital bills after your crash. If you are seriously injured, the crash can affect the rest of your life. After an accident, you need to take the following measures to protect yourself.
1. Dial 911
Whenever someone is in a car accident, the first thing they should do is call 911. Some injuries do not show up until hours or days later, so it is important for everyone to get checked out by a doctor. The fastest way to get medical attention after a major accident is by calling 911.
If paramedics show up to offer you medical treatment, take them up on their offer. You should never refuse medical care. A complete physical will help you find out if you have any injuries. If you have to take the driver of the FedEx truck to court, you will need to show documentation of your injuries.
2. Ask for Police
Another way you can protect your legal rights is by calling the police. Your insurance company will use the police report to determine who is at fault. The police officers will be able to analyze the scene and talk to the drivers who were involved in the crash. In addition to interviewing witnesses, the officers can create a report about the accident.
Eventually, this report will become important when you go to court. The police are considered unbiased, so their report will carry a lot of weight with a judge. In addition, the police report will include contact information and witness details.
3. Collect Information From Drivers and Witnesses
Sometimes, people try to leave the scene of the accident without providing their insurance information and license number. If the other driver does this, you will not have the information you need to file a lawsuit. Plus, you can file your case faster if you have the information readily available. Unless you need to go to a hospital right away, you should get information from the other driver, witnesses, and passengers.
4. Document the Scene
When it comes to proving your case, pictures are one of the best sources of proof. Before you leave the scene, take photographs of the injuries, damage to your vehicle, skid marks, roadside damage, and damage to the other vehicle. If you need to get medical care right away, you can wait to take pictures until after you have been treated by a medical professional. Even if the pictures are taken a few hours later, they can still help you prove your case in court.
5. Take Care of Yourself
After an accident, you should get treated for any injuries. In addition, you need to take your car to the mechanic shop for repairs. Other than being a good idea for your own health and peace of mind, these activities are also important for future lawsuits. In order to prove that you were injured in court, you need to show your accident-related bills and records from your doctor’s office.
What Can Cause a FedEx Vehicle Accident?
Because FedEx trucks are so much heavier than typical vehicles, FedEx accidents can lead to more severe repairs and injuries than a typical accident. In addition, FedEx trucks are higher off the ground. This means that a small car can sometimes end up going underneath the truck, which can lead to serious injuries and fatalities. A typical FedEx accident can occur for a variety of reasons.
- The driver was sleepy and decided not to stop for a rest.
- The truck was not maintained properly.
- The driver did not have a valid CDL license and was not legally allowed to drive a large truck.
- They were speeding because they wanted to make their delivery schedule.
- The driver was operating the truck on a suspended license.
- They ran a stop sign because they were in a rush or not paying attention.
- FedEx did not properly screen and train the driver before they were allowed to drive.
- The driver was using drugs or alcohol while they were driving for FedEx.
What Are the Money Damages After an Accident?
Following an accident, you can seek compensation for your damages. The damages are essentially the costs you incurred because of the wreck. While medical bills are one of the major sources of monetary losses, the accident can also lead to other expenses as well. The following list includes the most common reasons for monetary damages after a FedEx crash.
- Loss of enjoyment.
- Lost wages in the present and future.
- Medical expenses.
- Pain and suffering.
- Repair costs for your vehicle and property.
Why You Need a Personal Injury Law Firm
When you are in a car accident, it affects your physical and mental health. The majority of your time is spent going to medical appointments and getting your car repaired. Most likely, you do not have any time left to file a lawsuit. When you hire a personal injury lawyer, you get more time for taking care of your health. Meanwhile, your attorney can handle your legal matters.
In addition, your attorney knows how to deal with personal injury and wrongful death cases. Because of their experience, they know when to take a settlement and when to fight for more money. Your law firm can handle all of the witness interviews and evidence. Through their help, you can learn what it takes to achieve a positive outcome for your case.
Get Help After Your FedEx Accident
If you or a loved one has been in an accident, a talented law firm can help you determine your next step. FedEx is a global shipping giant, so it has plenty of lawyers to deal with lawsuits. You need someone on your team to protect your rights and help you seek damages for your injuries. To get help following your FedEx truck crash, you can call PM Law Firm today and ask for a case evaluation.