UPS Truck Accidents in California
Can UPS Be Held Accountable for a UPS Truck Accident Caused by One of Its Drivers?
The United Parcel Service (UPS) is a well-known global shipping and logistics company that has workers driving around the clock to make sure all packages have been shipped or delivered. Since UPS truck drivers are on the road far more often than regular drivers, they are at more risk of getting involved in an accident.
Common factors that have contributed to the cause of a UPS truck accident include the UPS truck driver, other drivers, road hazards, and poor weather conditions. Most UPS truck accidents have occurred on California highways. This comes to no surprise as drivers often feel compelled to speed and commit other reckless actions while on the highway.
Victims of a UPS truck accident are welcomed to contact our qualified UPS truck accident attorneys at West Coast Trial Lawyers. We will assess your case to determine what necessary courses of action should be considered in order to get you the compensation you deserve. With our track record of recovering more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case.
Can I Sue UPS for an Accident?
Yes, you may file a personal injury lawsuit against UPS. UPS drivers are classified as employees, meaning that the company will be held accountable for negligent actions committed by its employees. You will need to gather evidence to prove that the UPS driver was at-fault for the accident in order to sue the company for damages.
Determining liability can be quite complex. You will need to assess the situation by collecting important pieces of information or evidence to figure out whether the other party committed acts of negligence. The elements of negligence include the following:
- Duty of Care. The defendant owed the plaintiff a duty of care.
- Breach. The defendant breached their duty of care.
- Causation. The defendant’s recklessness resulted in the accident.
- Damages. The plaintiff is suffering from injuries and other damages as a result of the defendant’s actions.
It is important to seek legal assistance from a UPS accident attorney. They will help build up your claim to deliver a convincing and well-constructed argument as to why the other party is at-fault for the accident.
Examples of Negligence
A UPS driver drove under a red light and crashed into a vehicle that was driving under a green light. In this case, the UPS driver, along with UPS, will be found entirely at-fault for the accident. The UPS driver ignored the traffic signal and proceeded to drive knowing that they were not supposed to.
This is referred to as vicarious liability. Vicarious liability is when one party is held accountable for negligent actions committed by a third party. So, in this case, UPS will be held responsible for unlawful actions committed by their employees, if proven guilty. The UPS driver will also have their share of liability.
Now, if both drivers engaged in negligent behavior, they will be held accountable depending on how much negligence was contributed. This is referred to as contributory negligence.
For example, the UPS driver was speeding to pass a yellow light. As the UPS driver was attempting to pass, another driver drove under a red light and crashed directly into the large vehicle. Under this circumstance, both drivers will be found at-fault as one was speeding, while the other was driving under a red light. These two parties will have to compensate one another for damages, however, the total amount may vary since they both committed a different illegal action.
The amount of compensation each party may receive will be affected depending on how much negligence was committed. This is referred to as comparative negligence. If both parties contributed to the accident, then it will reduce the amount of damages each party may recover.
For example, if the UPS driver was 60 percent at-fault and the other driver was 40 percent at-fault, then the other driver will acquire 60 percent of damages.
What to Do After a UPS accident
People who are involved in a UPS accident may feel overwhelmed with so many emotions. It can be difficult to understand what is going on or how to react to such a traumatic situation. As accidents can happen at any given moment, it is ideal to be educated on the right steps to take to ensure you have all the essential details you need in case you decide to pursue legal actions against the other party for your losses.
Below, we have created a list of actions you should consider taking if you ever get involved in an accident with a UPS driver.
- Contact the police, if necessary. If you notice any injuries or damages, you should contact the police. They will arrive at the scene of the accident and create an official police report. The paramedics will also be present to administer immediate medical attention to those who are injured.
- Gather evidence. Be sure to ask the police officer for a copy of the official police report. You should also take photos and/or video footage of your injuries and damages. Do not forget to photograph the location of where the accident took place and the condition of the road. Lastly, you should document your perspective of the accident in a diary or journal. Make sure to include the time and date of when the crash occurred in your entry.
- Acquire witness information. If you notice a witness nearby, you should ask for their consent to obtain their contact information. A witness testimony may greatly support and strengthen your claim.
- Ask the UPS driver for their information. You should ask the UPS driver for their name, driver’s license, license plate number, insurance information, vehicle model, and whether they were on the job.
- Visit a doctor. You should get yourself examined by a doctor after the accident. The doctor will determine whether you may need medical treatment for any injuries found. Your doctor visit(s) will be saved on file and can be used as evidence to include in your personal injury claim.
- Contact a qualified UPS accident attorney. It is important to reach out to an experienced UPS accident attorney to assist you with your personal injury case. Insurance companies typically do not have your best interest at mind and will give you a low offer for the damages you endured from the UPS accident. Furthermore, UPS will try to deny that their employee was at-fault for the accident. By hiring a UPS accident attorney, you will not have to handle these companies all on your own. Your attorney will help strengthen your claim and negotiate with these companies to ensure you are given a fair settlement offer.
West Coast Trial Lawyers Is Here to Help
If you or a loved one were involved in a UPS truck accident, you may be entitled to receive recoverable compensation for your losses. At West Coast Trial Lawyers, our expert UPS truck accident attorneys are readily available to offer legal assistance to victims of personal injury.
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