Call Now:

(312) 609-0400

Call Us for Free Consultation

Call Now: (312) 609-0400

Close this search box.

Who Is Liable for an Accident With a FedEx Truck?

delivery transportation service job, driver man with package box driving truck car vehicle. accident with fedex truck

or fill out the Contact Form

After an accident with a FedEx truck, it is important to know who is liable, so you can seek compensation for your damages. The driver or FedEx are generally the parties that will be liable for the accident. However, other parties can also be liable, including the manufacturer of the truck or its parts, the company responsible for the maintenance of the trucks, or the shipper or loader of the cargo.

delivery transportation service job, driver man with package box driving truck car vehicle. accident with fedex truck

A car accident involving a FedEx driver can be more complicated than a regular accident. It can be overwhelming to figure out who is responsible, how to deal with insurance claims, and how to get compensation for any damages. Knowing the legal principles can help you navigate this process with more ease.

Understanding Liability in FedEx Truck Accidents

Liability refers to the legal responsibility of one party to compensate another party for injuries or damages caused by that party’s actions. This usually involves paying compensation to the innocent party for any losses incurred due to the incident. In commercial truck accidents, determining liability can be complex, as it often involves multiple parties, regulations, and insurance policies. The truck driver, employer, maintenance company, parts manufacturers, or other parties may be held liable depending on the circumstances.

The Role of Negligence in an Accident With a FedEx Truck

In legal terms, if someone acts carelessly and causes harm to another person, he or she is considered negligent and legally responsible for any resulting damage. This is known as the principle of negligence. Negligence can occur when a person fails to fulfill his or her duty of care towards someone else, resulting in injury, loss, or damage. A party that is negligent is typically held liable for any resulting damages.

In the case of a collision, the injured person must prove four elements to establish negligence:

  • The defendant had a duty of care towards the victim.
  • The defendant breached that duty of care.
  • The breach was the direct and proximate cause of the victim’s injuries.
  • The victim suffered damages.

If an accident involves a FedEx truck, and you can prove that the FedEx driver or the company was negligent, your truck accident lawyer will know how to sue FedEx for negligence.

Who Can Be Held Liable?

After a commercial truck accident, there are several parties who may be held liable. These include the truck driver, trucking company or carrier, owner of the truck or trailer, manufacturer of the truck or its parts, company responsible for maintenance of the trucks, or the shipper or loader of the cargo.

Moreover, FedEx may be sued if it knowingly hired a driver with a poor driving record or failed to provide adequate training to its driver. It may not seem intuitive to sue someone other than FedEx, but depending on the cause of the accident, it could be the best course of action for you to take.

Choosing the right individual or organization to hold accountable can make a significant difference in the compensation you receive. An attorney can assist you in making that decision.

Factors That Determine Liability in FedEx Accidents

The Actions of the Involved Drivers

If the driver’s negligence is found to be the sole cause of the collision, the driver may be held liable, or FedEx may be held vicariously liable for the driver’s actions. The Federal Motor Carrier Safety Administration provides a list of federal driver violations, which includes speeding, inattentive driving, lane diversion, and texting while driving. If the driver engaged in any of these driver violations or any other conduct that meets the four criteria for negligence, this may cause the driver or FedEx to be held liable for the accident.

Vehicle Maintenance Records

If the company responsible for maintaining FedEx trucks neglects regular inspections and maintenance, mechanical failures can lead to collisions. If your accident was caused by a faulty truck due to inadequate maintenance, legal action may be taken against the company responsible for the maintenance of the truck. Tougher truck safety standards could reduce accidents. Check the vehicle maintenance records to see if proper maintenance and repairs were carried out.

Other Factors That Influence Liability Determinations

Manufacturing defects

If the accident was caused by a defect in the truck or its components, the manufacturer could be held accountable.

Loading issues

If cargo is not loaded or secured properly, it may lead to an accident. In this case, the shipper or loader may be held liable.

The Actions of FedEx

It is important for FedEx to ensure that its drivers operate vehicles safely. If the company failed to hire experienced drivers, neglected to provide adequate training, or did not properly supervise its drivers while on the job, FedEx could be held liable for any accidents that occurred because of its negligence.

Vicarious Liability: Is FedEx Liable for Accidents?

Vicarious liability is a legal principle that states that employers can be held accountable for the actions of their employees if they cause an accident due to their carelessness. If the driver was acting within the course and scope of his or her employment at the time of the accident, you may be able to hold FedEx responsible for the driver’s negligence, rather than pursuing legal action against the driver.

How Subcontractors and Independent Contractors Impact Liability

Independent contractors and subcontractors are individuals or businesses who work as needed under a written or verbal contract. Unlike employees, they are not under the employer’s control, and therefore the employer usually can’t be held vicariously liable for their actions.

FedEx uses 6,000 independent contractors for delivering packages in the US. These contractors are responsible for their own equipment and drivers and are liable for any accidents. It’s important to determine whether the driver was directly employed by FedEx or an independent contractor.

Proving Liability in FedEx Truck Accidents

When filing a claim for compensation after a FedEx accident, you will need to prove liability. This will likely involve providing evidence to show who was at fault for the accident.

Gathering Evidence: Importance of Eyewitness Accounts, Accident Reports, and Photographs

Promptly calling law enforcement after a car accident is essential. This ensures official documentation through police reports, which is crucial evidence for establishing liability. Police will analyze the scene of the accident and talk to the drivers involved. They may also interview witnesses. The report includes contact information and witness details, which can be helpful for your case.

Most large truck accidents occur off the interstate, where there are fewer witnesses, making photo evidence crucial. Eyewitness accounts, photos, and videos can help establish and corroborate claims, and provide context in accidents involving FedEx trucks. It’s important to gather evidence as soon as possible to accurately depict the environment at the time of the incident.

Engaging Law Enforcement and Insurance Companies

FedEx has liability insurance to cover incidents. To initiate a claim, you will need to contact the company’s customer service department. Once you have started the process, an insurance company claims adjuster will be appointed to investigate the claim and determine the extent of FedEx’s liability.

It’s essential to communicate effectively with the claims adjuster and provide any evidence that you may have gathered. To verify the details of your story, the adjuster will compare it against various documentary evidence, such as police reports. That’s why it’s crucial to contact the police and file an accident report if the situation warrants it. A police report can help determine what happened and can support your claim by providing critical evidence. Without a police report, your claim may not be accepted or supported by the insurance company.

Expert Testimony: Utilizing Professional Analysis for Accident Reconstruction

Car accident reconstruction witnesses can be valuable in crash scenarios. An accident reconstructionist can analyze the crash scene and provide scientific insight into the cause, events that took place during the accident, and the aftermath. To complete a scientific analysis of the accident, the accident reconstructionist will use various methods to reconstruct the causes and events that took place during the accident. Without this testimony, building a strong case for compensation could prove to be challenging.

Establishing a Causal Link Between Negligence and the Accident

To establish causation in a legal case, you need to demonstrate that the actions of the FedEx driver materially caused the events that led to the accident. This requires proving a link between negligence and the accident. To support the chain of causation, various forms of evidence can be used, including:

  • Copies of police reports and accident reports
  • Testimony from parties involved, eyewitnesses, and expert witnesses
  • Medical records related to the accident
  • Videos and photographs of the accident scene, vehicles, injuries, and other relevant items
  • Employment records that show missed work due to injuries
  • Any relevant research that has been conducted

Each Illinois FedEx accident case is unique, so the evidence varies. Your lawyer will collect evidence and use it to support causation.

Share This Article

As the founder of the firm, Neal has devoted his life to working for the worker. His achievements are numerous and beyond reproach. He is most proud of his work in helping clients obtain valuable benefits, such as a wheelchair ramp to his home or lifetime medical care.

or fill out the Contact Form

As the founder of the firm, Neal has devoted his life to working for the worker. His achievements are numerous and beyond reproach. He is most proud of his work in helping clients obtain valuable benefits, such as a wheelchair ramp to his home or lifetime medical care.

Related Articles

Big rig t-boned the other vehicle. Truck accident lawsuit
Motor Vehicle Accident

How the Black Box Can Help Your Truck Accident Lawsuit in Illinois

Understanding how the black box can help your truck accident lawsuit in Illinois can improve your odds of recovering full compensation for your injuries or losses. A black box is an electronic onboard recording tool that monitors the trucker’s driving time. The box can offer information on the truck’s operation before, during, and after an accident.

Young man in suit in his office showing an insurance policy and pointing with a pen where the policy holder must to sign. Lowball insurance settlement offer
Motor Vehicle Accident

Reasons for a Lowball Insurance Settlement Offer

An insurance company in Chicago, Illinois, may propose a lowball insurance settlement offer to maximize profits and avoid a lawsuit. The company may make a low settlement offer because it used software to generate it, or believes you are likely to take the offer. An insurer may also offer a lowball settlement if it thinks you will not retain a lawyer.

3d Illustration of men Feeling the Neck Pain. average payout for nerve damage car accident
Motor Vehicle Accident

What Is the Average Payout for Nerve Damage After a Car Accident?

The average payout for nerve damage after a car accident can vary. Every case is unique, and the amount of compensation you receive will depend on the factors related to your situation. This includes the severity of your injuries, how they impact your daily life, and the losses you experience as a result of your damages.

Get a FREE Consultation:
We want to earn your business.

    Lawyers logos
    Lawyers logos