Postal delivery companies employ thousands of drivers who ply the busy freeways and highways day and night to meet strict delivery deadlines. Sometimes they drive negligently to meet the deadlines, like speeding or not taking the required rest breaks on the road. They may also frequently eat and drink while driving and talk to friends and relatives on their cell phone. All these activities are considered negligent if an accident happens and injuries took place. If you are in this situation you may be entitled to file a PI claim against the driver but you have to be sure you have the proof that the driver was driving in a negligent manner.
Proving Negligence in an Accident
Proving negligence is typically the key to PI claims. This means you have to provide evidence other than your own account. For example, if you can get an eyewitness report that proves the driver was talking on a cell phone when the accident took place this will help to support your claim. Additionally, a police report indicating what caused the accident will back up your claim of negligence as well. Sometimes, a vehicle repair garage can tell if a driver was speeding when the accident took place as the extent of the damage will help determine that.
The Process for Filing a PI Claim
As soon as you have all the evidence to prove negligence at your fingertips you can, along with your PI attorney, compile the demand letter in good, clear, concise English which is key to the success of your PI claim. This letter should include:
- where and how the accident with the driver took place
- the reasons showing the driver was negligent
- a description of the vehicle damage
- a dollar value of medical treatment now and into the future
- a dollar value of lost wages until you can return to work
All the facts about the accident need to be backed up by supporting documentation such as eye witness’s reports, a police report, a vehicle repairer report, receipts for medical treatment, a doctor’s report and your employer’s salary assessment.
A statute of limitation applies which for a private entity, like UPS, is 2 or 3 years. To ensure you get all information compiled correctly in your demand letter you should have a PI attorney working on your behalf.
Why You Need a PI Attorney
An experienced PI attorney knows how insurers of large operators react when a PI claim is filed against one of their drivers. They will go through the demand letter with a fine tooth comb and seeking any way they can to reject the claim. However, an experienced PI attorney typically knows how to compile a demand letter that will stick and help to ensure you get the PI settlement you are entitled to.
Additional Resources
*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.
