If you suffered injuries in a FedEx truck accident (caused by one of the company’s drivers), FedEx will likely be your liable party.
Why Would FedEx Have to Pay for the Negligence of Its Driver?
FedEx can be liable for an accident its driver causes in two different ways:
- Vicarious liability
- FedEx acted negligently in the hiring, training, or supervision of the driver.
What Is Vicarious Liability?
This legal theory holds an employer liable for its employees’ negligent actions, so long as the employees acted within the scope of their employment.
Consider the following: A FedEx driver completing a package run was texting and ran a red light, striking you as you passed through the intersection. In this case, FedEx is liable because the employee was acting within the scope of his employment (i.e., delivering packages) when he committed the action that caused your accident.
What Is Negligent Hiring, Training, or Supervising of a FedEx Driver?
FedEx has a duty to ensure its drivers behave safely behind the wheel. Companies can breach this duty in the following ways:
FedEx must evaluate its driver applicants carefully by performing a background check, which should include pulling the driver’s record and doing a criminal record check.
If FedEx does not perform a thorough background check, and hires someone with multiple arrests for driving while impaired, FedEx can be responsible if this person drives the delivery truck while impaired and injures someone.
Even if the driver has a clean driving record and no criminal convictions, FedEx can be liable if it did not properly train the driver. FedEx should evaluate the driver’s job skills, determine what gaps exist, and train the employee to fill in those gaps in skills.
If FedEx hires someone as a driver who has worked as a delivery driver for other companies but has no experience with FedEx’s delivery trucks, FedEx must train the driver on the safe handling practices for FedEx’s trucks. FedEx can be liable for any accidents the driver causes due to inexperience.
FedEx’s responsibilities do not end when it puts a prudently-hired, well-trained driver on the road. FedEx must keep its finger on the pulse of its drivers at all times, to promptly detect problems that may arise. For instance, FedEx should have a system in place to discover when its drivers get DUIs, speeding tickets, or other moving violations — on or off the job. FedEx should take action when its drivers get moving violations. Failure to identify and respond to problems can be negligence.
Large corporations like FedEx have policies in place to make sure that negligent hiring, training, and supervision do not happen. Unfortunately, people do not always follow the rules at work. When employees get lazy or cut corners, the employer can be liable for the resulting damage.
What Damages Can I Get for a FedEx Truck Accident?
The damages in every case are unique, so we cannot speculate without talking with you about your case and learning your facts, but these are some common compensable items in FedEx truck crashes:
- Medical bills for your initial evaluation and treatment, therapy, and ongoing medical care. This category can include anticipated future medical expenses. We prove this amount by gathering your medical bills and any other related receipts.
- Lost earnings for the time you missed work due to the wreck and recuperation, plus time lost for treatments and therapy. This category can include anticipated future lost wages, decreased earning potential, and disability. We prove this loss through your employment records and, when necessary, testimony from vocational experts.
- Pain and suffering and other intangible damages, like loss of consortium and loss of enjoyment of life. We calculate this item based in part on the amount of your other damages.
- Punitive damages send a message to the employer when there has been outrageous conduct. For example, if FedEx knew its driver had received three citations for reckless driving but continued to let the driver get behind the wheel of one of its trucks, the employer might get hit with a demand for punitive damages.
- Property damages to repair or replace your vehicle and any contents damaged or destroyed in the wreck. We prove this through the repair estimates or total loss reports.
Get Help from Max Meyers Law, PLLC
If you suffered injuries in a FedEx truck accident and the wreck was not your fault, you need a knowledgeable legal team on your side. FedEx is a huge corporation with a fleet of lawyers on retainer, ready to defend them.
At Max Meyers Law, PLLC, we only represent accident victims in transportation-related cases, so we will fight to get you all the compensation you deserve.
Call us today at 425-399-7000 and we will line up a free consultation for you, with no obligation.