If you were involved in an accident with a delivery driver and you believe that he or she was at fault, you will have to show that fault or negligence to have a successful personal injury claim, so you can recover compensation for your losses. The key to a successful personal injury claim is showing negligence, which basically puts the other driver at fault for all or a portion of the damages and the accident in question. To do this, all four elements of negligence must be met.
The Elements of Negligence
There are four elements of negligence. The first element is duty. You have a duty of responsibility to adhere to traffic laws and to drive safely when operating a vehicle to protect others from harm. Second, is it must be shown that duty has been breached. For example, if a stop sign has been run or if the driver has been speeding.
Third, show that the breach of duty caused the accident. That means show that running that stop led to a crash that could have been avoided. And last, show that the damages that were suffered were a result of the crash that was caused by the breach of duty. After this has been proven, you have a strong personal injury claim.
The Laws in Your State
Different states have different laws. In some states, you can pursue a personal injury claim against the other driver even if you were 99% at fault for the crash. In other states, you couldn’t have been more than 50% at fault to pursue a claim against the other party. Your personal injury attorney will know the negligence laws in your state and will help you build your case.
Documentation is the key to a successful claim. You will need a copy of the accident report, photos of any damages and injuries, medical records, medical bills, written estimates for damage repairs, proof of missed work and lost wages, and so forth. These documents will help show your losses. Also, you will need statements from any eyewitnesses to the accident.
Kinds of Damages That Might Result
If you were in an accident with a driver, you could have suffered a variety of damages. Some of the more common damages from motor vehicle accidents include:
- Property damages
- Medical expenses – past and future
- Lost wages – past and future
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Long-term disabilities
- Mental trauma
Your attorney will help you assess your situation and determine which damages you suffered because of the accident. All damages must be claimed in the personal injury claim because you cannot go back and claim additional damages later.
Consult With a Personal Injury Attorney
If you have been involved in an accident with a postal service truck, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form on this page today get your case reviewed by an accident injury lawyer!
Additional Resources
- Were You in a Crash While Merging With a FedEx Driver?
- Were You Run off the Road By a FedEx Vehicle?
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx, or any other party, you may not be entitled to any compensation.
