Filing a Trucking Accident Claim Against FedEx Corporation (2024)

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When FedEx drivers or FedEx corporate violate traffic laws or trucking regulations, serious accidents can occur. If you suffered injuries in a recent FedEx accident, you can file a claim against FedEx or its insurance company. The experienced legal team at Shunnarah Truck Accident Lawyers will carefully evaluate your options and file the appropriate claim on your behalf. We can also threaten the insurance company with litigation if they refuse to offer you fair compensation.

For a free case evaluation and legal consultation with a skilled trucking accident attorney, please call us at (205) 957-4995 or contact us online today.

How Do FedEx Trucking Accidents Frequently Happen, and Who is Responsible?

FedEx truck accidents can occur for various reasons, often linked to negligence by the truck driver or the company itself.

Driver Negligence:

One major factor in FedEx trucking accidents is driver negligence. FedEx drivers, like all commercial truck drivers, are expected to follow strict regulations and safety standards. However, accidents can happen when drivers fail to do so. Speeding, for instance, is a common issue. FedEx drivers are often on tight delivery schedules, leading some to drive faster than the posted speed limit to meet their deadlines. This increases the likelihood of accidents – especially in bad weather or heavy traffic.

Another common form of negligence is driver fatigue. FedEx drivers may work long hours, sometimes driving late into the night. Fatigue affects a driver’s reaction time, decision-making, and overall alertness, making accidents more likely. Distracted driving is another concern. Whether using a phone, adjusting the GPS, or simply losing focus, distractions can cause drivers to miss critical details on the road, leading to collisions.

Company Negligence:

Company negligence also plays a significant role in FedEx truck accidents. Poor vehicle maintenance is a primary issue. If FedEx fails to regularly inspect and maintain their trucks, critical parts like brakes or tires might fail, leading to accidents. Overloading trucks is another problem. If a truck is loaded beyond its capacity, it can become unstable, harder to control, and more likely to cause a crash.

Inadequate driver training is another form of negligence. FedEx is responsible for ensuring their drivers are properly trained to handle their vehicles safely. If a driver is not well-trained or lacks experience, they are more prone to making mistakes that can lead to an accident.

Types of Accidents:

FedEx truck accidents can vary in nature. Rear-end collisions are common, often occurring when a FedEx driver fails to stop in time. Rollover accidents may happen if a truck is overloaded or if the driver takes a turn too quickly. Side-impact collisions, or T-bone accidents, can occur at traffic intersections when a FedEx driver runs a red light or fails to yield the right-of-way at the proper time.

Common Injuries in a FedEx Trucking Accident

FedEx trucking accidents can result in a range of serious injuries, often due to the size and weight of the trucks involved. When these accidents occur because of driver or company negligence, the consequences can be severe, leading to significant physical harm for those involved.

• Whiplash and Neck Injuries – One of the most common injuries in FedEx truck accidents is whiplash. Whiplash occurs when the head is suddenly jerked back and forth, causing strain or injury to the neck muscles and ligaments. This is particularly common in rear-end collisions, which can happen if a FedEx truck crashes into the back of a smaller vehicle. While whiplash may seem “minor” at first, it can lead to chronic pain and limited mobility if not treated properly.
• Head and Brain Injuries – Head injuries are another serious concern in FedEx truck accidents. These injuries can range from concussions to more severe traumatic brain injuries (TBIs). TBIs can result from a violent blow or jolt to the head, which may happen if someone’s head strikes the dashboard, window, or steering wheel during a crash. TBIs can have long-lasting effects, including memory loss, cognitive impairment, and emotional disturbances.
• Spinal Cord Injuries – Spinal cord injuries are also common in accidents involving FedEx trucks. These injuries can occur when the spine is damaged or severed, often leading to partial or complete paralysis. The force of a large truck can cause significant trauma to the back and spine, particularly in high-speed collisions. Spinal cord injuries can have life-altering consequences, requiring long-term medical care and rehabilitation.
• Broken Bones and Fractures – Broken bones are frequent in trucking accidents, especially in the arms, legs, and ribs. The sheer force of a FedEx truck colliding with a smaller vehicle can easily lead to fractures. In some cases, these injuries may require surgery and extensive recovery time.
• Internal Injuries – Internal injuries, such as damage to organs or internal bleeding, are another serious risk. These injuries are often not immediately apparent but can be life-threatening if not quickly addressed.

Steps of Filing a Truck Accident Claim Against FedEx or its Insurer

Filing a trucking accident claim against FedEx can be a complicated process, but with the right legal help, you can pursue the compensation you deserve. At Shunnarah Truck Accident Lawyers, here’s how we can assist you in filing a claim against FedEx after a trucking accident.

• Initial Consultation and Case Evaluation – The first step is to schedule an initial consultation with us. During this meeting, we’ll listen to your account of the accident, review any evidence you have, and evaluate the strength of your case. We’ll explain your legal rights and discuss the types of compensation you may be entitled to receive, such as medical expenses, lost income, pain and suffering, and property damage.
• Gathering Evidence – To build a strong case against FedEx, we’ll gather all the necessary evidence related to the accident. This may include police reports, witness statements, photographs of the accident scene, and any video footage available from traffic cameras or dash cams. We’ll also obtain your medical records to document the extent of your injuries. Additionally, we may hire accident reconstruction experts to analyze how the accident occurred and who was at fault.
• Determining Liability – One of the most important steps in filing a claim is determining who is liable for the accident. In FedEx truck accidents, liability may rest with the driver, the company, or even a third party, depending on the circ*mstances. For example, if the driver was speeding or distracted, they may be held responsible. However, if the accident occurred because the truck was poorly maintained or overloaded, FedEx itself can be liable.
• Negotiating with Insurance Companies – Once we have a strong case, we’ll file a claim with the insurance company on your behalf. This involves presenting the evidence we’ve gathered and making a demand for fair compensation. Insurance companies often try to settle for less than you deserve, but we’ll negotiate aggressively to ensure you receive the full amount you’re entitled to recover. If the insurance company refuses to offer a fair settlement, we’re prepared to take your case to court.
• Litigation and Court Representation – If necessary, we’ll file a lawsuit against FedEx and represent you in court. We’ll keep you informed throughout the process and fight tirelessly to protect your rights and interests.

Litigation Options in a Trucking Accident Case Against FedEx

When involved in a trucking accident case against FedEx, there are several litigation options available to pursue compensation for your injuries and damages. These options include taking the case to trial or exploring various alternative dispute resolution (ADR) methods, like mediation or binding arbitration.

Taking the Case to Trial

One of the most common litigation options is taking the case to trial. If negotiations with FedEx and their insurance company do not lead to a satisfactory resolution, you may choose to file a lawsuit and have the case decided in court. During a trial, both sides present their evidence and arguments before a judge or jury. The judge or jury then determines who is at fault for the accident and how much compensation should be awarded. A trial can be beneficial because it allows for a thorough examination of the facts, and a jury’s decision can lead to a larger compensation award. However, trials can be time-consuming, expensive, and unpredictable, so it’s important to weigh these factors before choosing this option.

Mediation

Mediation is a form of ADR where both parties meet with a neutral third party, known as a mediator, with a goal to resolve the dispute outside of court. The mediator does not make a binding decision but facilitates communication between the parties to help them reach a mutually agreeable solution. Mediation is typically less formal than a trial and can be a quicker, more cost-effective way to resolve a trucking accident case. It also allows both parties to maintain control over the outcome, rather than leaving the decision up to a judge or jury. However, if mediation does not result in an agreement, the case may still go to trial.

Binding Arbitration

Another ADR option is binding arbitration. In arbitration, both parties present their case to an arbitrator, who acts like a private judge. The arbitrator’s decision is final and legally binding, meaning it cannot be appealed. Arbitration is generally faster and less expensive than a trial, but it does mean giving up the right to have a jury decide the case. Binding arbitration is often preferable when both parties want a quicker resolution without the risks and delays of a trial.

Types of Recoverable Compensation in a Truck Accident Claim or Lawsuit Against FedEx

In a trucking accident claim or lawsuit against FedEx, victims can pursue several types of compensation, depending on the circ*mstances of the accident and the extent of their injuries and damages. Recoverable compensation can be categorized into economic, non-economic, and, in some cases, punitive damages.

Economic Damages

Economic damages are meant to cover the financial losses directly related to the accident. These damages include medical expenses, which can be significant in trucking accidents due to the severe injuries that often occur. Compensation can cover hospital bills, surgeries, rehabilitation, physical therapy, prescription medications, and any future medical care required due to the accident.

Another key component of economic damages is lost income. If the accident caused you to miss work, you can recover compensation for the income you lost during your recovery. In cases where the injuries lead to long-term or permanent disability, you may also be entitled to compensation for lost future earnings. This accounts for the income you would have earned had the accident not occurred.

Property damage is also recoverable under economic damages. If your vehicle or other personal property was damaged or destroyed in the accident, you can receive compensation to repair or replace it.

Non-Economic Damages

Non-economic damages are intended to compensate for the intangible losses that result from a FedEx trucking accident. These damages are often more challenging to quantify but are no less important. One of the most common forms of non-economic damages is pain and suffering. This compensation reflects the physical pain and emotional distress you’ve endured due to the accident.

Another form of non-economic damages is loss of life enjoyment. If your injuries have significantly affected your ability to enjoy daily activities, hobbies, or relationships, you may be entitled to compensation for this loss. Additionally, you may receive compensation for emotional distress, which covers the psychological effects of the accident, such as anxiety, depression, or PTSD.

Punitive Damages

In some cases, punitive damages may also be awarded. These damages are not intended to compensate for a specific loss but rather to punish FedEx for particularly reckless or negligent behavior – and to deter similar conduct in the future. However, punitive damages are only awarded in cases where the at-fault party’s conduct was especially egregious.

Talk with a Skilled Trucking Accident Lawyer about Your Legal Options Right Away

If you suffered injuries in a FedEx trucking accident, the knowledgeable attorneys at Shunnarah Truck Accident Lawyers are ready to help. We can handle every step of the claims-filing and litigation processes for you and pursue the compensation you need to recover for your losses.

For a free case evaluation and legal consultation with a skilled Texas truck accident attorney, please call us at (205) 957-4995 or contact us online right away.

By hiring a trucking accident attorney, you can focus on grieving and healing while they handle the legal aspects of your case.