Getting into an accident with a FedEx truck is nobody’s idea of a good day. But if it ever happens to you, it can leave you with so many questions. What do you do next? Whose insurance is responsible? How do you make sure you get fair compensation?
If you or a loved one has been involved in a FedEx truck accident, you need to know what steps to take to protect your rights and seek the compensation you deserve.
If you’ve been involved in an accident with a FedEx truck, there are several important steps you should take right away:
Seeing a doctor right away after an accident is crucial. You might have injuries that you can’t feel yet because of the adrenaline, like whiplash or even internal bleeding. Getting checked out quickly can catch these issues before they get worse.
Plus, your medical records will be key evidence for your case. They’ll show how badly you were hurt, what treatment you needed, and how the accident is still affecting your health. Without these records, it’ll be a lot harder to prove how much you’re owed in compensation.
Truck accident cases can be complicated, especially involving a large corporation like FedEx. Several considerations can impact liability and the outcome of your case:
If you want to make sure you have a solid case, we recommend working with our truck accident lawyers from the start.
We know all the ins and outs of investigating these kinds of accidents, rounding up the right evidence, and making sure FedEx takes responsibility for their part in what happened to you. With our experience, you’ll have a much better shot at getting the compensation you deserve for your injuries.
When determining liability, there are several key factors that our attorneys look at:
In California, truck accident liability is governed by state traffic laws and federal trucking regulations. Our California truck accident attorney knows how to apply these laws to your case and build a strong argument for FedEx’s liability.
Insurance becomes a central issue when dealing with a large trucking company like FedEx. Federal laws require commercial carriers to maintain significant insurance policies to cover the potential for catastrophic damage and life-altering injuries.
Here’s what you need to know about FedEx’s insurance:
This is the primary policy covering bodily injury and property damage FedEx vehicles cause to others like drivers, passengers, and pedestrians. The federal minimum is $750,000 coverage for trucks over 10,000 lbs. However, FedEx carries much higher limits.
This commercial auto liability insurance serves as the first line of defense when FedEx is liable for an accident. It covers the basics.
While the liability policy covers the basics, FedEx requires more robust coverage for its freight operations. That’s where their motor carrier liability insurance comes in – a $5 million combined single limit policy.
This massive $5 million limit applies to accidents involving FedEx’s different vehicle fleets like FedEx Freight, Ground, Express, etc. Whether semis or delivery vans, this commercial truck insurance provides an extra, high coverage layer.
FedEx also has insurance covering freight and packages it transports in case of loss, theft, or damage. However, this cargo coverage generally doesn’t extend to third-party injury/vehicle claims from accidents. Its purpose is to insure FedEx’s product, not liability protection.
One or more of these policies could provide coverage when FedEx vehicles cause harm. Our attorneys investigate each case to identify all available insurance sources to maximize compensation.
Insurance coverage in FedEx truck accident cases can get complex, depending on the situation. Let me explain some nuances:
If the FedEx driver was an employee, this is generally straightforward. The legal doctrine of “respondeat superior” holds FedEx responsible for employees’ negligence during job duties.
So if you’re hit by a FedEx semi, delivery van, etc., operated by an employee, FedEx’s insurance should provide primary coverage for your injuries/losses. Their commercial liability covers the employee’s misconduct.
However, some FedEx drivers are independent contractors, particularly for FedEx Ground. This includes contractors and individual delivery workers.
When a contractor driver crashes, issues arise over which insurance responds first – their personal auto policy or FedEx’s coverage. There are disputes over liability allocation.
Our attorneys investigate these relationships and operating agreements to ensure FedEx is held accountable through their insurance.
What if a different reckless driver hit a FedEx vehicle? That negligent party’s insurance is primary for your injuries and vehicle damage.
However, FedEx also has uninsured/underinsured motorist coverage to protect their interests if the at-fault driver lacks adequate insurance.
This creates a situation where our team can pursue a claim with FedEx’s insurer while they seek reimbursement from the third party. It ensures compensation avenues.
Our top priority is ensuring you receive maximum compensation, exploring every avenue. Here’s what that entails:
Under California law, you can recover economic and non-economic damages, including:
We leverage experts and evidence to calculate and justify the maximum damages allowed.
With a strong claim package, we negotiate the highest possible settlement – not just their first lowball offer.
Our attorneys rebut defenses and attempts to reduce liability, like:
We won’t back down until FedEx offers a settlement that fully compensates you.
If FedEx denies the claim or settlement negotiations stall, a lawsuit may be necessary. Additional factors include:
Our litigation team has extensive trial experience against FedEx’s corporate attorneys. We’re prepared to fight for maximum compensation in court if needed.
Accidents with FedEx’s trucks can devastate victims and families. FedEx’s corporate insurers make recovery difficult, avoiding accountability through teams of adjusters and lawyers.
That’s why having top-notch legal representation is critical – we’ve secured millions for clients by taking on FedEx and never backing down.
If a FedEx truck harmed you or a loved one, don’t walk this path alone. Our exceptional team will review your case for free, explain all rights, and map out the best path to financial justice – through settlement or courtroom trial. Contact us today.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
