If you were in an accident involving a mail delivery truck, you might be able to sue to recover damages from the driver. There are several factors that come into play, but usually, you will find that some fault falls on the driver.
To have a successful personal injury claim, you will need to show that the other party was negligent, which can sometimes be a bit challenging but not impossible. Negligence is the key factor to a successful personal injury claim.
Proving Negligence
There are several different forms of negligence. As an example, if a driver breaks a traffic regulation, drives while distracted, drives under the influence of drugs or alcohol, or drives recklessly, then he or she has acted negligently.
Sometimes negligence is obvious, and it is shown in the accident report or evident from eyewitness statements. When negligence has been proven, then the insurance company is going to be more likely to settle with you out of court rather than you having to file a lawsuit.
Damages That Might Result
There are several different damages that might result from being hit by a driver. A mail truck is usually larger and heavier than a traditional passenger vehicle, so usually it results in significant damages. You will usually suffer:
- Property damages
- Medical expenses
- Lost wages
- Future loss of earnings
- Future medical expenses
- Loss of consortium
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Long-term disabilities
In some cases, punitive damages could be awarded. Punitive damages are awarded to punish the defendant to deter that kind of behavior in the future. This award is at the discretion of the court and is dependent on the severity of the damages and the actions of the driver.
When Should A Lawsuit Be Filed
Every state has a statute of limitations regarding filing a property damage claim. If your property damage claim is not filed within that specified timeframe, you will not be able to recover compensation for your damages.
Your personal injury attorney will first write a demand letter to the company responsible and ask that their insurance settle with you to keep the case from advancing to court. The letter will detail what happened, why they are liable, what damages you suffered, and how much you are willing to settle for. Usually, the insurance company is willing to negotiate and reach an agreement. If the insurance company does not respond or reach a settlement, then your attorney will file a lawsuit in the proper court.
Consult With A Personal Injury Attorney
If you were hit by a driver, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form on this page to get your details shared with a personal injury attorney. The lawyer will review your case, tell you the best way to proceed, and help you get your claim on the right track! Don’t wait until it is too late. Get your free case review today!
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 FedEx, or another party, you may not be entitled to any compensation.
