When UPS truck drivers or the company itself fail to act responsibly, serious accidents and injuries may result. If you suffered injuries in a UPS accident, you can file a claim against UPS directly, or against its insurance company.
The knowledgeable team of accident attorneys at Shunnarah Truck Accident Lawyers can swiftly investigate the circumstances surrounding your accident and file the appropriate claim on your behalf. We can also aggressively negotiate with the insurance company or litigate your case to a resolution if the insurance company will not compensate you fairly.
For a free case evaluation and legal consultation with a skilled truck accident attorney, please call us at (205) 957-4995 or contact us online today.
How Do UPS Trucking Accidents Frequently Happen, and Who is At-fault?
UPS trucking accidents can occur for various reasons, many of which stem from the negligence of the UPS driver or the company itself.
One of the most common causes of UPS trucking accidents is driver negligence. UPS drivers often work under tight schedules, which can lead to speeding or reckless driving. When drivers exceed the speed limit or drive aggressively to meet delivery deadlines, they are more likely to cause an accident. Additionally, fatigue is a significant issue among truck drivers. Long hours on the road without adequate rest can lead to drowsy driving, which impairs reaction times and decision-making abilities, increasing the risk of accidents.
Distracted driving is another form of negligence that can lead to accidents. UPS drivers may become distracted by their GPS systems, phones, or other devices, taking their attention off the road. Even a momentary distraction can result in a severe collision, especially given the size and weight of UPS trucks.
UPS as a company can also be negligent, contributing to trucking accidents. One key area of company negligence is the failure to properly maintain vehicles. UPS trucks are on the road constantly, and if the company does not regularly inspect and repair their vehicles, mechanical failures can occur. For example, brake failures, tire blowouts, or engine problems can lead to catastrophic accidents.
Improperly loading cargo is another way the company can be negligent. If UPS does not ensure that their trucks are loaded safely and within weight limits, the truck can become unbalanced or difficult to control, leading to rollovers or other types of crashes.
Moreover, inadequate driver training is a serious issue. If UPS fails to properly train their drivers on safe driving practices, the risks of accidents increase. Drivers who are not well-trained may not know how to handle hazardous road conditions or emergency situations, making collisions more likely.
What Are the Most Common Injuries in a UPS Trucking Accident?
UPS truck accidents can result in a wide range of injuries, many of which are severe due to the size and weight of the trucks involved. Understanding the most common truck accident injuries is important for victims seeking compensation.
- Traumatic Brain Injuries (TBI) – Traumatic brain injuries are among the most serious injuries that can occur in a UPS truck accident. The force of a collision can cause a victim’s head to strike the interior of the vehicle, leading to concussions, skull fractures, or other types of brain injuries. TBIs can have long-term effects, including cognitive impairments, memory loss, and emotional changes.
- Spinal Cord Injuries – Spinal cord injuries are another common outcome of UPS truck accidents. The impact of a crash can damage the spinal cord, leading to partial or complete paralysis. Even less severe spinal cord injuries can result in chronic pain, loss of mobility, and a significant reduction in quality of life.
- Broken Bones – The force involved in a UPS truck accident often leads to broken bones. Victims may suffer fractures in their arms, legs, ribs, or other parts of the body. Depending on the severity of the break, surgery may be required, and the recovery process can be lengthy and painful.
- Whiplash and Neck Injuries – Whiplash is a common injury in any vehicle accident, including those involving UPS trucks. The sudden jolt from a collision can cause the neck to snap back and forth violently, leading to soft tissue damage, pain, and stiffness. In some cases, these injuries can become chronic and require ongoing treatment.
- Internal Injuries – The force of a UPS trucking accident can also cause internal injuries, such as damage to organs, internal bleeding, or punctured lungs. These injuries are often not immediately apparent and can be life-threatening if not treated promptly.
- Cuts and Lacerations – Shattered glass, twisted metal, and other debris in a UPS truck accident can cause deep cuts and lacerations. These injuries can lead to significant blood loss, infection, and scarring, sometimes requiring plastic surgery to repair.
Steps of Filing a Truck Accident Claim Against UPS or Its Insurer
Filing an insurance claim after a truck accident involving UPS can be a complex and overwhelming process, but with our legal assistance, you can navigate it successfully. We can file an insurance claim to seek the compensation you deserve for your injuries and damages. Steps in the claims-filing process include the following:
- Initial Consultation and Case Evaluation – The first step in filing a claim is to have an initial consultation with the attorneys at Shunnarah Truck Accident Lawyers. At that consultation, we will gather all the details about the accident. We will evaluate your case by reviewing police reports, medical records, witness statements, and any other relevant evidence. This evaluation helps us determine the strength of your claim and the potential compensation to which you may be entitled.
- Investigating the Accident – Once we take on your case, we will thoroughly investigate the accident. This investigation may involve gathering additional evidence, such as surveillance footage, analyzing the crash scene, and consulting with accident reconstruction experts if necessary. We will also review UPS’s maintenance records and the driver’s history to uncover any potential negligence contributing to the accident.
- Filing the Insurance Claim – After gathering all the necessary evidence, we will prepare and file the insurance claim against UPS or its insurer on your behalf. This step involves drafting a detailed demand letter outlining the facts of the case, the extent of your injuries, and the damages you are seeking. We will submit this letter to the insurance company representing UPS and any other involved parties.
- Negotiating with the Insurance Company – Once we file the claim, the insurance company will likely respond with a settlement offer. In many cases, the initial offer may be lower than you are entitled to receive. We will negotiate with the insurance adjusters on your behalf, using the evidence we have gathered to argue for a fair settlement. Our goal is to ensure that you receive compensation for medical expenses, lost income, pain and suffering, and any other damages resulting from the accident.
- Litigation, If Necessary – If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court. We will represent you in litigation, presenting the evidence to a judge or jury to seek the compensation you deserve.
By handling every aspect of the insurance claim process, we allow you to focus on your recovery while we work to secure the best possible outcome for your case.
Available Litigation Options in a Trucking Accident Case Against UPS
In a trucking accident case involving UPS, there are several litigation options to consider if we cannot reach a settlement through negotiations. These options include a jury trial, binding arbitration, and mediation, each with its own process and potential benefits.
- Jury Trial – A jury trial is a formal legal proceeding where a case is presented to a jury of peers who will decide the outcome. In a UPS trucking accident case, this proceeding involves presenting evidence, witnesses, and arguments before the jury. The jury’s role is to determine liability and award damages based on the evidence presented. A jury trial can be lengthy and complex, but it offers the advantage of having a group of individuals make a decision based on their collective judgment. A jury trial is often an option when the parties cannot agree on a fair settlement and when the case involves significant disputes about the facts or damages.
- Binding Arbitration – Binding arbitration is a less formal process compared to a jury trial. In arbitration, both parties agree to present their case to an arbitrator or a panel of arbitrators instead of going to court. The arbitrator’s decision is final and legally binding, meaning the parties must accept the outcome. Arbitration is generally faster and less expensive than a jury trial, and it allows for more flexibility in scheduling. However, it lacks the appeal process that is available in court cases, so the arbitrator’s decision is final. This option may be preferable when parties seek a quicker resolution or when they wish to avoid the public nature of a court trial.
- Mediation – Mediation is a process wherein a neutral third party, called a mediator, helps the parties involved in a trucking accident case reach a mutually acceptable settlement. Unlike arbitration, the mediator does not make decisions or impose outcomes. Instead, the mediator facilitates communication and negotiation between the parties. Mediation is typically less formal and can be a cost-effective way to resolve disputes. It allows both sides to express their concerns and work towards a compromise without going to court. If successful, mediation can lead to a settlement that avoids the need for a trial or arbitration.
Each litigation option has its advantages and drawbacks, and the choice depends on the specifics of the case, the preferences of the parties involved, and the desired outcome.
Types of Recoverable Compensation in a Trucking Accident Claim or Lawsuit Against UPS
In a trucking accident claim involving UPS, you may be entitled to recover compensation depending on the severity of your injuries and the damages you have suffered.
- Medical Expenses – You can recover compensation for all medical expenses related to the accident, which includes emergency room visits, hospital stays, surgeries, doctor’s visits, physical therapy, and any future medical care you may need. If your injuries require ongoing treatment or long-term care, you can include these costs in your claim.
- Lost income – If your injuries prevent you from working, you can claim compensation for lost earnings. This compensation covers the income you have missed while recovering from the accident. In addition, if your injuries affect your ability to work in the future, you may be entitled to compensation for reduced earning capacity.
- Pain and Suffering – Pain and suffering compensation addresses the physical and emotional distress the accident caused, including chronic pain, emotional trauma, mental anguish, and loss of enjoyment of life. Calculating pain and suffering can be complex, as it involves evaluating the effects of your injuries on your overall quality of life.
- Property Damage – If your vehicle or personal property was damaged or destroyed in the accident, you can seek compensation for repair or replacement costs, which includes the cost to repair your vehicle or, if it was totaled, the amount needed to replace it.
- Loss of Consortium – If your injuries affect your relationship with your spouse or family, you can claim loss of consortium. This type of compensation accounts for the effect on your relationship and the support or companionship you can no longer provide.
- Punitive Damages – In some cases, you may be entitled to punitive damages, which are meant to punish the responsible party for particularly egregious behavior and deter similar actions in the future. These damages are not available in every case and usually require proof of gross negligence or intentional misconduct.
- Wrongful Death Compensation – If the accident resulted in a fatality, the surviving family members may seek wrongful death compensation, which can include funeral expenses, loss of financial support, and the emotional suffering of losing a loved one.
Contact an Experienced Trucking Accident Lawyer Right Away
If you suffered injuries in a UPS truck accident that resulted from driver or company negligence, the skilled legal team at Shunnarah Truck Accident Attorney is ready to help. We can promptly evaluate your accident circumstances, determine your options, and pursue the financial recovery you deserve.
For a free case evaluation and legal consultation with an experienced truck accident attorney, please call us at (205) 957-4995 or contact us online right away.