When you get injured in an accident with a FedEx vehicle, there are certain steps to take to secure evidence and file your lawsuit. These claims also involve additional legal hurdles because of the way FedEx hires its drivers.
In any car accident case, you prepare a lawsuit by collecting evidence at the scene, then calling a lawyer. You will need to prove that the driver was at fault before you can recover compensation. However, because FedEx claims its drivers are independent contractors, you also need to show that that classification was wrong and they were truly employees before you can sue FedEx for the crash.
For help, call our car accident lawyers today at Wruck Paupore at (219) 322-1166.
In the immediate aftermath of any auto accident, there is a list of evidence you should try to obtain. Some of these things can be obtained by your lawyers later, but acting quickly at the scene of the crash can really help your case.
Make sure to obtain:
Also call 911 to report the accident and get an officer to respond. If you need to go to the hospital for treatment, go with the ambulance that responds.
After that, our lawyers can help you collect
You can hold FedEx liable as the driver’s employer in many cases, but this requires overcoming some technical legal hurdles. To hold an employee responsible for a crash, you need to prove three elements:
This is usually where the first legal hurdle is. FedEx claims that its drivers are independent contractors, not employees. If this classification were correct, it would be impossible to sue FedEx for its driver’s portion of the blame.
However, because FedEx closely controls their drivers’ schedules, how they do their job, what they wear, what they drive, and other aspects of how to do the work, they are likely considered to have an employer/employee relationship instead.
Before a driver or their employer can be held responsible, you have to show they were negligent. This has four elements:
Since FedEx drivers are hired to drive and deliver packages, any accident that happens while they are doing that should be covered. However, if the driver was taking a personal detour or running personal errands when the crash occurred, it might absolve FedEx of fault for what its driver did.
In some cases, FedEx might have caused the crash on its own instead of through its driver. This often happens in a few common ways:
If FedEx was directly responsible for a crash in any of these ways – or any other ways – you can hold them responsible for their share of damages. This may be only partial liability, but you can hold the responsible directly, alongside holding them responsible for their role as the driver’s employer in some cases.
In most auto accident cases, our Indianapolis car accident lawyers approach the case by filing insurance claims and lawsuits together. That way, the claim can settle through insurance or go all the way to trial if it cannot be settled.
Your own insurance might also have first-party benefits you can tap into to pay in the meantime while we negotiate the case or take it all the way to trial.
Lawsuits can be filed against the driver directly and against the employer in court. We will write up a “complaint” that explains the defendant’s fault and the damages we are seeking, then file it in the proper court.
Usually, claims are filed in the county courthouse for the place where the accident happened.
Big companies like FedEx often have the resources to fight cases all the way through trial if they want to, but they also often just want the cases to go away. Because of this – along with the fact that most cases, statistically, do settle instead of going to trial – we may be able to settle your case after negotiations with FedEx’s lawyers and insurance.
Do not file anything or talk with any insurance companies without your lawyers. Call us first, then we can help you figure out what claims to file.
For help after a crash – especially crashes involving commercial delivery drivers – call Wruck Paupore’s Fort Wayne, IN car accident lawyers at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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