You have been involved in a car accident where a mail delivery truck caused the collision. You may not be sure what to do next. You have two potential parties to sue for damages and injuries: the other driver or the company. How do you decide which is the proper party to pursue?
To have a successful personal injury claim, you will need to gather evidence that shows what happened, how it happened, and when it happened.
Maintain thorough documentation and supporting evidence. While the accident is fresh in your memory, you should jot down the specific details. You must show that they are liable for your damages, how the crash occurred, and how the accident was the direct result of negligence.
All four elements of negligence must be proven for a successful personal injury claim after an auto accident, including a crash that involves having been hit by a mail driver. Here are some keys to having a successful claim after being hit.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say.
Employer Responsibility
Whenever a trucking employee is involved in a car accident under the normal course of employment, the doctrine of respondeat superior kicks in. Under this doctrine, the employer holds legal responsibility for the actions of its employees.
If the other driver causes an accident while operating a company vehicle and performing his or her duties, the company would be responsible under the doctrine of respondeat superior.
Evidence Available
There are several kinds of supporting evidence available after a vehicle crash, including accidents involving UPS. If you are physically able to do so, you should get photos of the accident scene. Get photos from all angles, of both vehicles, and of the damages.
Also, be sure to photograph any visible injuries. You should always call the police. The responding officer will then complete an accident report. This accident report would serve as the foundation for the personal injury claim that you file after an accident.
Logistics companies, such as the UPS and other delivery services, often track things such as speed and location. That information can be helpful with your claim, showing that the mail truck was in your vicinity and it can show if speed was a factor.
All maintenance records must be maintained by a commercial logistics or transport service, such as UPS. This will be helpful in showing if poor maintenance or there was a mechanical issue that contributed to the crash.
You should get the tag number of the truck and you should be sure to get the name of the driver. The accident report should include all the basic information that you need, but you should get a photo of the truck’s license plate and the truck itself for your claim.
This kind of evidence can be very helpful, and it can help you have a successful personal injury claim after you have been hit.
Your personal injury lawyer will be able to help you gather up all the necessary documentation and will work to prove that the crash was the result of negligence. The four elements of negligence include showing that there is a duty or a responsibility, that the duty or responsibility was breached, that the breach of duty caused the accident, and that your damages are a direct result of the accident caused by the breach of duty.
Suing the Employer
However, certain facts must first be proven before you can proceed with a case.
First, the driver involved must be an actual employee of the company. Many commercial trucking companies use independent contract drivers for this very reason, to avoid liability.
However, in these contracts, normally the drivers hold their own insurance policies, drive their own trucks, pay for their expenses, and are essentially independent from the company.
This normally isn't the case with some mail drivers. Mail drivers operate delivery vehicles, wear the company uniform, and give every impression that they are representing the company. Therefore, that first hurdle should be easy to jump.
Additionally, the employee must be acting within the scope of employment. Therefore, the accident must have happened while the employee was doing something that could reasonably be construed as part of his or her job description, i.e., delivering packages for the company while operating the company truck.
Unless the driver is taking the truck out for a spin on free time to entertain friends and family, this hurdle should be easy to jump as well.
Moreover, as long as the employee was not doing something that was quite obviously not under the direction of the company or was acting recklessly (such as driving drunk), you should be able to prove that the activity was within the scope of employment.
Suing Both Parties
You can seek compensation from both parties, if you wish. Obviously, the postal service is going to have more financial resources than a normal employee, and the company will also be more likely to have its attorneys work with yours to settle the case.
However, you may be able to seek compensation from both, especially if the employee’s conduct was extremely negligent. The driver can be found at fault if they are operating in a way that is not legal or a part of their every day routine. For example, if they are found to be violating traffic law during the accident, they can be found negligible for the accident. Be sure to note if the driver was speeding or ignoring traffic signs. If you choose to sue one over the other, that does not bar you from pursuing the other claim.
In fact, you have a higher chance of receiving compensation if you seek damages from both parties involved. If you believe you have a chance of receiving payment from both, it is recommended you speak with a personal injury attorney before making your next move.
How to Sue
It can be difficult to sue a company. They will have a team of experienced lawyers and insurance adjuster that are employed to make sure that to give as little money out in settlements as possible.
To sue the company, you should write a demand letter. A demand letter is a way to notify the insurance company of what happened, why you feel that you should be compensated for the damages that occurred due to their driver, and the amount of the damages that you are seeking.
In the demand letter, you should include all of the evidence that you have gathered at the scene of the accident to prove what happened. You should also include an estimate of the damages that you occurred and any medical bills that you have paid. Add this together to get the total amount of your claim.
What To Expect During The Settlement Process
When you start the claims process, either you or your personal injury lawyer will send a letter to the offending party and their insurer to notify them of your intent to pursue a claim.
You will want to include all the specific details and send along copies of supporting evidence, such as a copy of the accident report, copies of medical bills, proof of missed work and lost wages, and so forth. Include copies of any photos, and, also send copies of statements from any witnesses who saw the crash and can detail what happened.
Remember, when you supply the evidence that you would use to argue your case in court, the postal service and their insurance company are much more likely to work on negotiating a settlement before the case must advance to court.
When an out-of-court settlement takes place, it costs less and is less time consuming than the preparations for a hearing and the courtroom appearances. You will want to have everything in order, so you can successfully prove your case and show the extent of your damages and losses.
When you submit a request for your damages – you will want to be sure to itemize everything. Always have in mind the absolute minimum you are willing to settle for. You will not get the total that you initially request when you send your notice.
The chances of them accepting your initial offer are very slim. If the evidence is adequate for a claim, they will start negotiations with you. During this process, they will most likely make a counteroffer, which could be significantly less than you initially asked for.
When you receive a counteroffer, you in turn, can send back another counteroffer. You can either accept an offer, make a counteroffer, or reject it all together. The negotiation process may take several weeks, or even several months.
A personal injury lawyer is skilled in negotiations, so he or she can help you with the counteroffers and offers. Your lawyer will handle the claims process and will know when to settle. Your attorney will also know if you shouldn’t settle and will then file a lawsuit so your claim will advance to court.
How Can A Lawyer Help After Getting Hit By A Delivery Truck Driver?
If you were hit by UPS, or any other delivery service, an accident injury lawyer can help you by gathering evidence, supporting documentation, filing the paperwork on time, representing you in court, and working to negotiate your settlement. If you enlist the help of an UPS accident attorney, you may improve your odds of a successful claim.
Each state has a statute of limitations for pursuing an accident injury claim after a crash leaves you with damages and injuries. An accident lawyer may be familiar with the applicable laws and can work to ensure you are fairly compensated for your damages. You will need to maintain supporting evidence, such as medical bills, medical records, repair estimates, witness statements, and proof of missed work and lost wages.
An accident injury lawyer can review the details of your delivery driver accident. These claims are handled on a contingency basis, so you will not have to pay anything upfront. Instead, your attorney will be paid after you win your claim. You should discuss the payment process and other specifics about your accident injury claim when you meet with your auto accident injury lawyer about your crash with a delivery service vehicle.
Your car accident lawyer can help you get all the supporting evidence and documentation in order and will ensure all paperwork is filed in a timely manner. Meeting deadlines are imperative to the success of your personal injury claim. Get your UPS accident claim underway today by consulting with a accident attorney.
Contact an Attorney Today
If you have been involved in a car accident and a UPS driver or vehicle was involved, you should contact an attorney today to discuss your case if you do not currently have a lawyer or you have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. Additionally, your attorney will most likely be working on a contingency fee basis, which means that you won’t have to pay him or her unless you win your claim.
To receive compensation for your medical bills, property damage, and pain and suffering, you should speak with a personal injury attorney in your area today.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against UPS, or any other party, you may not be entitled to any compensation.
