What to Do if a FedEx Truck Hits Your Car
March 4, 2021 / Truck Accidents
With the increase in online shopping and home delivery, we see more and more of the orange and purple FedEx trucks on the road. Whether 18-wheelers or smaller delivery box trucks, they are out on the roads and highways loaded with letters and packages.
But what happens when one of these FedEx trucks crashes into your vehicle? You can be seriously injured and there can be thousands of dollars in property damage. You may feel overwhelmed with hospital visits, mounting medical bills, and even calls from insurance representatives urging you to settle for small sums of compensation.
If you’re wondering what to do if a FedEx truck hits your car, then let Stephenson Rife be your guide. Our skilled and experienced personal injury attorneys have helped hundreds of clients successfully recover large financial damages in car accident claims. We are tough negotiators and skilled litigators who will go the extra mile to provide help after an accident. We are not afraid to confront FedEx and argue on your behalf. To find out more about what we can do for you, call us for a free initial consultation at 317-680-2501.
6 Steps: What to do if a FedEx Truck Hits My Car
There are at least 6 important steps to take immediately after you’ve been in a collision with a FedEx truck:
- Call 911 and get medical attention right away.
Your health is critically important, so let first responders treat any injuries you sustained in the crash, even if this means being transported by ambulance to a hospital. Never refuse medical care. You want to prevent any additional injuries, and you will rely on these medical records when you file a legal claim.
- Request that police respond to the scene.
It’s very important that police arrive, talk to both drivers, and fill out a police report. You will rely on a written police report when filing a lawsuit.
- Get the FedEx truck driver’s license information and the license plate number of the truck.
Having this information will enable your attorney to quickly follow up to get FedEx driver and truck maintenance records from FedEx.
- If you’re able, take pictures of the accident scene and your injuries with your smartphone camera.
A picture is worth a thousand words, and photos from the minutes and hours immediately after a crash can be very persuasive with a jury. You want to obtain pictures before the crash site is cleared. Take photos of your injuries, the damage to your vehicle and the FedEx truck, and any skid marks or roadside damage caused by the wreck.
- Get contact info from any eyewitnesses.
It’s important to get names and phone numbers of any bystanders who witnessed the accident, before they leave the scene. Your attorney can follow up and get detailed statements from them about what they saw and heard.
- Hire a tough and skilled personal injury attorney.
Research shows that accident victims with good attorneys receive significantly higher payouts from lawsuits than do individual accident victims who go it alone. It’s hard to represent yourself when you’re going up against top-notch FedEx and insurance company’s lawyers who know the ropes and are determined to pay as little as possible in damages.
Frequency of FedEx Truck Crashes and Safety Violations
According to data from the Federal Motor Carrier Safety Association (FMCSA), as of 2/21/21 there are 33,534 FedEx vehicles on the road carrying packages, letters and freight, with a total of 41,475 FedEx drivers. These vehicles traveled 1,011,138,874 miles in 2020. In the 24-month period prior to 2/21/21, there were a total of 414 crashes involving FedEx vehicles. Of these, 151 crashes resulted in injuries and 9 crashes were fatal. In 254 crashes, one or more vehicles had to be towed. During this time, FMCSA carried out 2,033 FedEx vehicle inspections and 2,636 FedEx driver inspections.
In a recent 24-month period ending 1/29/21, FedEx drivers were cited for 243 unsafe driving violations, 458 vehicle maintenance violations, and 33 driver fitness violations, among others. No critical or acute violations were discovered during this time. Safety violations include things such as speeding, texting while driving, making inappropriate turns and similar mistakes.
Headquartered in Memphis, Tennessee, Federal Express Corporation (FedEx) is classified as authorized vehicles for hire. FedEx owns three types of trucks, including truck tractors, trailers and straight trucks.
Common Injuries in Truck Accidents
Because of their size and weight, trucks can inflict devastating injuries. If you have been involved in a FedEx truck accident, you may have suffered one or more of the following types of injuries:
- Broken arms and legs
- Severe concussion
- Internal injuries
- Fractured vertebrae
- Crushed limbs, requiring amputation
- Traumatic brain injury
- Psychological injuries such as PTSD, phobias and depression.
If you have been hit by a FedEx truck, you want a tough truck accident lawyer who will fight to get the justice and compensation you deserve.
What Types of Damages Can I Sue For?
Indiana courts recognize different types of damages in personal injury cases: two of these involve economic and non-economic. damages Economic damages include actual out-of-pocket costs, such as medical and hospital bills, lost wages due to being off work, and property damage to your vehicle. Non-economic damages are for injuries and losses that are harder to quantify, such as mental and emotional distress, disfigurement and loss of consortium (loss of companionship and loving relationships with family members).
A court can also award punitive damages where negligence or reckless disregard for the safety of others are in evidence. Punitive damages are designed to punish the defendant over and above actual economic and non-economic damages, and they are meant to send a warning to all other would-be wrongdoers tempted to commit similar negligence or recklessness.
Examples of damages that can be recovered in a lawsuit include:
- Hospital bills
- Medication co-pays
- Physical therapy costs
- Lost wages
- Loss of future earning ability
- Pain and suffering
- Vehicle repairs or replacement
- Funeral and burial costs (in wrongful death cases).
There are damage limitations in Indiana. Punitive damages are limited to the greater of $50,000 or three times the amount of compensatory (economic and non-economic) damages.
Is There a Statute of Limitations on Filing a Lawsuit?
Yes. In Indiana, the statute of limitations for a personal injury claim is two (2) years from the date of the accident. The statute of limitations is codified at Ind. Code § 34-11-2-4. That’s why it’s very important to file a claim as quickly as possible after sustaining your injuries. You don’t want the clock to run out. If you miss the window of time to file a claim, you likely will have little legal recourse.
“Fault” and “Modified Comparative Negligence” Rules Apply in Indiana
Courts in Indiana require that you prove fault in vehicle accidents. That means that you must be able to show that the other driver caused the accident. In some cases, both drivers are partially at fault for a crash, but you can still recover damages in Indiana through state negligence laws and the modified comparative fault/contributory fault rule as long as you were less at fault than the other driver was. This rule is codified at Ind. Code § 34-51-2-6. Courts will simply reduce damages by whatever percent you were at fault. For example, if you were 20% at fault for the accident and the other driver was 80% at fault, then a jury award of $100,000 would result in your receiving $80,000 (20% less than the full $100,000).
How Much Does It Cost to Hire a Truck Accident Lawyer?
Here’s the good news: The personal injury lawyers at Stephenson Rife work on contingency, which means that we don’t get paid until you get paid. Our attorney fees are paid by the defendant as part of a settlement agreement or jury award. If for some reason your claim is unsuccessful, then you owe us nothing.
If you or a loved one was injured in a FedEx truck accident, you will have many issues to deal with and a number of responsibilities competing for your time and attention. It is likely that FedEx will have a team of experienced lawyers and insurance adjusters to represent your interests. You deserve equally focused and skilled legal representation. You may even be uncertain in the beginning who all the potential responsible parties are (the number of entities you can sue as defendants in your case). A truck accident lawyer will know how to scrutinize the facts and details of the crash and investigate the circumstances to clarify liability. You want to make sure that in the pain and confusion immediately after the accident, you don’t quickly agree to settle for a sum smaller than you’re entitled to.
Contact a Skilled Attorney at Stephenson Rife Today
You have enough to worry about after a truck accident when seeking medical care for your injuries and trying to put your life back together. You don’t need to worry about legal matters as well. Let the skilled and experienced personal injury lawyers at Stephenson Rife do the legal heavy lifting on your behalf. We have helped hundreds of accident victims get the justice they deserve and recover significant financial damages. To find out more about how we can help you, call us for a free initial consultation at 317-680-2501.