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How to Sue FedEx After an Accident in Indiana

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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.

Evidence to Collect for a Lawsuit Against FedEx

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:

  • The driver’s name and contact info
  • The driver’s insurance info
  • The driver’s employer info, including a supervisor’s contact information
  • Basic info about where and when the crash happened (street names, mile markers, time, etc.)
  • Contact info for any witnesses who might be able to testify to what happened
  • The name and contact info of the responding officer
  • Any information about weather, lighting, and road conditions
  • Pictures of the accident damage and injuries.

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

  • Security camera footage if there were any nearby cameras that might have caught the accident
  • Dash cam footage, especially if the FedEx driver had a camera running
  • Your medical records from treatment
  • Financial records showing the effects of the accident
  • Vehicle damage appraisals and repair bills.

How to Hold FedEx Liable as the Driver’s Employer

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:

The Driver Was an Employee

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.

The Driver was Negligent

Before a driver or their employer can be held responsible, you have to show they were negligent. This has four elements:

  • The driver owed you a legal duty, often based on traffic laws or what is reasonable for a driver to do in the given situation.
  • The driver breached that duty, often by violating a traffic law or driving unreasonably.
  • That breach of duty caused the crash.
  • You suffered damages and injuries you can sue for.

The Accident Happened within the Scope of the Driver’s Job Duties

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.

Suing FedEx Directly

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:

  • FedEx owned the vehicle, and the crash was caused by vehicle maintenance or inspection issues that FedEx should have caught and repaired.
  • FedEx was negligent in hiring or retaining a driver they knew or should have known was dangerous.
  • FedEx violated regulations about driver hours, qualifications, or health standards.

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.

FAQs for Suing FedEx for a Crash in Indiana

What Does Insurance Do in a FedEx Lawsuit?

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.

How Do You File a Lawsuit Against FedEx?

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.

Does FedEx Typically Settle Cases?

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.

Should I File an Insurance Claim or Wait for My Lawyer?

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.

Call Our Indiana Car Accident Lawyers Today

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.

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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.

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