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 in a timely manner. Since UPS employees are on the road more than regular drivers, they are at a higher risk of getting into an accident.
A collision with a UPS truck can result in serious injuries, property damage, and raise complex liability and compensation questions. These cases can involve large corporations, layered insurance coverage, and a defense team that will try to minimize payouts, making it stressful for injured victims to recover damages for the losses they incurred.
Having a legal representative on your side is important. At West Coast Trial Lawyers, our truck accident attorneys know the unique challenges involved in a UPS accident, and will investigate matters pertaining to the situation, holding the at fault party responsible and getting you the justice and compensation you deserve.
We work under a contingency-fee basis, meaning you do not owe us anything unless we win your case. To schedule a FREE consultation, we welcome you to get in touch with us by calling (213) 927-3700 or completing our quick online contact form.
What Happens When an UPS Driver Gets Into an Accident?
When a UPS driver gets into an accident, the company will follow a protocol to ensure safety, compliance, and accurate documentation. The driver will first have to check for injuries and get in touch with emergency services, if needed. UPS will then require immediate internal reporting of the crash to understand where the accident happened, along with the factors surrounding the situation and the extent of damages that occurred from the impact.
- Details about the location
- The factors surrounding the situation
- Any damages involved
An internal investigation may be implemented to learn the root of the cause and to know whether the UPS driver was following the company’s safety policies. Depending on the intensity of the situation, the company may get in touch with law enforcement and the insurance companies to seek a resolution. UPS employees may also be given support through workers’ compensation if they suffered bodily harm from the impact, and the company will look into the situation before determining what kind of employment consequences may be administered.
How Many Accidents Has UPS Had?
UPS publishes safety and accident data in their annual GRI and sustainability reports, highlighting notable metrics, like employee fatalities along with accident and injury rates. In 2023, the company reported an auto accident rate of 7.36 collisions per 100,000 driving hours, an injury rate of 6.96 per 200,000 employee hours, nine employee deaths globally, and about 776 million total employee hours worked, equating to a fatality rate of 0.0026 per 200,000 hours.
In 2024, the auto accident rate reduced to 6.81 per 100,000 driving hours, injury rate was noted as 6.81 per 200,000 hours, fatalities stayed at nine, and total employee hours surpassed 746 million, resulting in a slightly lower fatality rate of 0.0024 per 200,000 hours. UPS shared that many injuries are connected to driving, but could also be from slip and fall accidents.
Does UPS Employ Independent Contractors for Deliveries?
UPS employs full-time drivers as employees. The company can also request to have independent contractors fill in certain delivery roles when it comes to peak seasons or for specialized services. For instance, UPS’s acquisition of Roadie in 2021, which is a gig delivery platform that connects independent drivers with deliveries on their routes. Roadie drivers use their own personal vehicles and choose their available gigs. They are also paid per delivery, giving them a flexible earning opportunity.
In addition, UPS hires independent contractors to fulfill seasonal and part-time roles, including Personal Vehicle Drivers (PVDs). These contractors will be responsible for certain types of expenses, like fuel and vehicle maintenance. However, classification will vary based on contracts, state labor laws, and the amount of control the company has over the driver’s work.
What Is the Most Common Injury at UPS?
Driving for UPS requires more than just making deliveries, it means long hours on the road and managing a high number of packages under tight schedules. One of the most common issues happens during the process of loading parcels into a cargo trailer, when several packages fall and cause harm to UPS workers (known as an industrial accident). In addition to high demands, accidents and injuries are bound to happen, whether it be on the road or at a UPS facility.
Some common forms of bodily harm that may possibly occur are:
- Back injuries (from lifting or loading packages into a cargo trailer)
- Shoulder and knee injuries (repetitive motion and awkward lifting)
- Sprains and strains (slip and fall accidents or overexertion)
- Whiplash, head trauma, broken bones, or internal injuries (from an accident)
Does UPS have an Insurance Policy for Accidents?
UPS does have insurance policies for accidents involving its vehicles and employees. Workers’ compensation insurance will provide medical care and wage replacement for an injured employee on the job, and is administered through Liberty Mutual Insurance.
Furthermore, UPS provides auto liability insurance for its fleets, with at least $1 million in coverage per accident, along with general liability and employer’s liability policies that cover various forms of injury and property damage claims. Coverage will depend on the factors surrounding the incident and claims will need to meet policy requirements before it gets approved.
Can UPS Be Held Liable for an Accident?
UPS can be held liable for an accident under the legal doctrine of respondeat superior, which holds an employer responsible for reckless conduct by an employee occurring within the scope of their job. UPS could also be directly at fault for negligence in areas like:
- Neglect of vehicle maintenance
- Improper hiring practices
- Inadequate driver training and supervision
The company, however, cannot be met with legal consequences if the employee was being reckless while off-duty. Liability can be affected by insurance coverage and whether the individual was an employee or independent contractor at the time of impact.
Overall, determining fault can be quite complex. Overall, determining fault can be quite complex. You will need to obtain evidence that can help you prove the elements of negligence:
- The defendant owed the plaintiff a duty of care.
- The defendant breached their duty of care.
- The defendant’s recklessness caused the victim to suffer injuries.
- The plaintiff sustained actual losses because of the defendant’s actions.
Under California’s comparative negligence law, liability can be shared. This means that even if you partly contributed to the incident, you can still recover compensation. For instance, if total damages are $80,000 and you are 20% at fault, compensation will be reduced accordingly to the level of negligence you contributed to the event.
What to Do After a UPS Accident
People who are involved in a UPS accident may feel overwhelmed with emotions, making it difficult for them to focus on their health and safety. As accidents can happen at any given moment, it is ideal to know the right steps to take to ensure you have all the essential details needed in case you decide to pursue legal actions against the other party.
Below is 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 local law enforcement. They will arrive at the accident scene 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 for a copy of the official police report. You should also take photos of your injuries and damages. Try to also acquire surveillance footage that shows how the incident occurred and the surrounding conditions. 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 event occurred in your entry.
- Acquire witness information. If you see any witnesses nearby, you should ask for consent to obtain their contact information. A witness testimony may greatly support and strengthen your claim.
- Ask the UPS driver for their information. Be sure to acquire information from the UPS driver, like their name, driver’s license, license plate number, insurance information, vehicle model, and whether they were on the job at the time of impact.
- Visit a doctor. You should get yourself examined by a doctor after the accident. They will determine whether you need medical treatment for any notable issues detected during your evaluation. 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 a truck 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 suffered as a result of the incident. They will help strengthen your claim and negotiate with the opposing side to ensure you are given a fair settlement.
What Compensation Is Available After a UPS Accident?
If a UPS accident causes harm to another driver, the injured party may be entitled to pursue compensation by filing a personal injury claim against UPS and/or the employee. Economic and non-economic damages may be awarded.
Economic damages are tangible, out-of-pocket losses (medical bills, lost wages, and property damage) whereas non-economic damages are intangible losses that do not have a fixed price (emotional distress, loss of enjoyment of life, and pain and suffering).
When severe or permanent injuries are involved, compensation can extend to long-term care or vocational rehabilitation. If the crash involves death, the surviving family members will be entitled to file a wrongful death claim. If successful, they may recover some of the following damages:
- Hospital bills
- Funeral and burial costs
- Loss of companionship
- Loss of consortium
Do UPS Drivers Get Fired for Accidents?
UPS drivers do not get automatically fired for accidents. Whether the driver is met with termination will depend on certain factors to indicate if the situation was preventable or non-preventable.
Preventable accidents are those that could have been avoided had proper care been implemented, and non-preventable accidents typically involve getting hit by another driver even though you followed all the safety rules.
A single, minor incident can result in retraining or coaching rather than getting fired whereas repeated cases of serious collisions involving bodily harm and property damage can increase the likelihood of termination. Simply put, drivers who go against company policies are at a higher risk of losing their job.
Injured in a UPS Accident? Get Legal Help From West Coast Trial Lawyers Today
If you were injured in a UPS accident, West Coast Trial Lawyers can help guide you through the claims process and fight to get you the compensation you deserve. We take on personal injury cases, including truck accidents, ensuring affected individuals are granted coverage for any losses incurred. Our UPS accident lawyers will investigate the situation, gather evidence, negotiate on your behalf, and represent you in court, if needed, to secure favorable results.
To book a FREE consultation, you can reach out to us by calling (213) 927-3700 or filling out our easy contact form.