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UPS is one of the biggest logistics, transportation, and delivery companies in the U.S. This means that UPS trucks are on the road practically every day. As such, accidents happen more often than people think, and drivers may be seriously hurt.
If you are injured in an accident with a UPS truck, you may sue for damages. Who you can sue depends on how the accident happened and who is to blame. If the UPS driver is responsible for the accident, they and their employer, UPS, may be sued. In some cases, UPS may be directly responsible for the accident, such as if the company failed to train the driver or knowingly hired someone unfit to drive such a large vehicle. Contact an attorney for help getting fair financial compensation.
Receive a private case review for free by calling our Indiana truck accident lawyers with Wruck Paupore at (219) 322-1166.
UPS is a large company, and it may be intimidating for injured victims to try to hold such a large corporate entity responsible for an accident. Just remember, UPS can be held responsible, and your attorney can help you.
One way that UPS may be held liable for a truck accident is through vicarious liability. Under the legal doctrine of respondeat superior, an employer may be held vicariously liable for injuries caused by a negligent employee if the employee caused the injuries while performing their normal job duties.
If the UPS truck driver is directly responsible for the crash and is an employee of UPS, we can and should include UPS in your lawsuit.
In some cases, UPS may be directly responsible for a truck accident. One possibility is that UPS is directly liable for negligent hiring. This argument may apply to your case if our Gary, IN truck accident lawyers learn that the UPS driver was unfit for the job and should never have been hired.
If we can prove that UPS knew or reasonably should have known that the driver was unfit for the job, UPS may be held directly liable for the accident.
An important factor to consider is whether the UPS truck driver is an employee of UPS or an independent contractor. Most drivers are indeed UPS employees, but others may work for other trucking companies that have contracts with UPS.
Vicarious liability applies only to employers and employees, not to independent contractors. If we learn that the truck driver is an independent contractor, vicarious liability may not apply.
However, many companies misclassify employees as independent contractors. If we believe that the truck driver is treated by UPS as an employee despite being classified as an independent contractor, we can argue that vicarious liability should apply.
When suing UPS, we need as much evidence as possible showing that the truck driver and UPS are responsible for the accident. How and where we find this evidence will depend on your specific circumstances.
First, we should try to gather as much evidence as possible from the accident scene. Depending on where the accident happened and how quickly you contact an attorney, it might not be possible to return to the accident scene to look for evidence. Crash sites are usually cleared away quickly in the interest of highway and road safety.
However, you may preserve any evidence and information about the scene by taking pictures while you wait for help to arrive. You should also record videos of the accident scene. Dashcam videos and even videos from your cell phone may prove very helpful.
One of the primary methods of obtaining evidence in a civil case is through the discovery process. Essentially, each side of the case must disclose all relevant information and evidence they have to the other side.
During discovery, we can request copies of trucking company records about the driver and the truck, safety and inspection records, records about employee hiring and training, and even security camera footage from cameras that were equipped on the UPS truck.
Witnesses are crucial in many accident cases, and large truck accidents rarely go unnoticed. Witnesses may include other drivers near the accident, passengers in your vehicle, and even the UPS driver who caused it.
We must determine which witnesses have valuable testimony. We may use depositions and interrogatories to figure out who knows what.
A deposition is an in-person interview with potential witnesses and even defendants. A deposition is similar to how a witness might be questioned in court. Attorneys may ask the witness all sorts of questions about the accident to determine what they know and whether their testimony may be useful in court.
An interrogatory is similar, but it is written and does not have to be conducted in person. We can send written questions to potential witnesses for them to answer. We can then review their answer to determine how their testimony fits in with the case.
Yes. If the UPS driver is directly responsible for the accident, UPS may be held vicariously liable for your injuries and damages. Alternatively, UPS may be held directly liable for something like negligent hiring if the truck driver was unfit for the job and UPS knew this when it hired them.
UPS hires many of its truck drivers as employees, but some may work for other trucking companies that have contracts with UPS. UPS usually hires drivers as employees, with independent contractors used for smaller-scale deliveries or specialized delivery routes. If you are injured in a UPS crash, there is a strong chance that the driver is a UPS employee.
You can gather evidence directly from the accident scene by taking photos, recording videos, and exchanging contact information with potential witnesses. We may obtain more evidence during the discovery phase, such as records and information in the defendant’s possession.
In Indiana, lawsuits for personal injuries, including those sustained in truck accidents, must be filed no later than 2 years after the accident, barring special circumstances. If a case is not filed on time, the plaintiff may be barred from ever filing the case.
It may feel intimidating to take a large company like UPS to court, but it is possible, and you should not feel afraid to do so. If the UPS driver is responsible for the accident, UPS should be held liable for your injuries.
Receive a private case review for free by calling our Evansville, IN truck accident lawyers with Wruck Paupore 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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Wruck Paupore P.C.
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Dyer, IN 46311
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