In most cases, UPS will be your liable party in a UPS truck accident, even if the truck driver was 100 percent responsible for the accident.
How Is UPS Liable for the Negligence of its Drivers?
UPS is responsible for the harm done by its employees under the theory of vicarious liability. The Latin term for vicarious liability is “respondeat superior,” which means that if an employee commits a wrongful act while on the job, the employer is liable. The thinking behind this legal theory is that, if UPS had not hired the person to drive the truck, the driver would not have had the crash.
Can UPS Also Be Negligent?
Yes. UPS can also be directly liable for an accident. This can occur if UPS engaged in negligent:
- Supervision, or
What Is Negligent Hiring?
UPS must exercise caution not to hire dangerous drivers, so it does not put people in harm’s way. UPS can be liable for negligent hiring if it does not carefully scrutinize all applicants for driver positions. UPS is supposed to perform a background check, including pulling a driver’s record, before it hires someone. Failure to carry out a sufficient investigation of a potential driver is negligent hiring.
Another example of negligent hiring is when a company hires someone despite the fact that the pre-employment investigation revealed they have a bad driving record.
What Is Negligent Training, Supervision, and Retention?
UPS can also be responsible for contributing to bad driving or keeping a problem driver on the road. Even if UPS did its due diligence during the hiring process and the driver had a clean driving slate, the company can be on the hook for:
- Negligent training: Failure to provide proper training for drivers — both initial and continuing education.
- Negligent supervision: Failure to monitor drivers for problems, such as speeding tickets, accidents, and DUIs.
- Negligent retention: Failure to fire problem drivers.
Companies like UPS must have policies that remove their drivers from the road if they become a danger to the public. An example would be that the company terminates drivers who have two moving violations in two years. Failure to enact policies to protect the public is negligence, and failure to enforce these policies is also negligence.
Is Filing a Claim Against UPS Complicated?
In most cases, yes. There are two main reasons UPS accident claims are often complicated:
- UPS is a large company which means it has a large insurance company and a large, experienced legal team behind it. The team at Max Meyers Law, PLLC is not afraid to stand up against UPS and its legal team to recover the compensation you deserve.
- UPS has most of the evidence we need for your claim. UPS holds the driver’s personnel file, drug and alcohol test results, any sanctions the company took against the driver, ad his hours of service logs. We will send a letter of spoliation to ensure the company preserves and hands over that evidence.
Can Another Party Be Liable for My UPS Accident?
Yes. If the accident resulted from a maintenance error or a defective part, we might be able to hold a maintenance company or manufacturer liable.
The truck accident team at Max Meyers Law will compile all the pertinent records to build your case and establish fault. We will collect the evidence to prove your damages and deal directly with the insurance companies and UPS’ lawyers for you.
What Damages Can I Recover for a UPS Truck Accident?
UPS can be liable for your:
- Trauma bills: Initial medical treatment and ambulance costs. We can help you gather these documents.
- Subsequent medical treatments: Necessary to “make you whole” again. We will retrieve these bills from your health care providers.
- Lost wages: Time lost from work for the initial recuperation and medical treatments. We can retrieve these records from your employer.
- Decreased earning capacity: To compensate you if you are no longer able to work the number of hours you used to, cannot do the same type of work as before the accident, or will be unlikely to enjoy the same career path you would have but for the crash. We can get the documentation from your employer. We can use a vocational expert to get a more accurate value of your lost earning capacity.
- Disability: For long-term or permanent loss of function that makes you unable to work or that causes you to need assistance with daily activities. We prove this through your medical records and, when appropriate, through expert witnesses.
- Pain and suffering: We calculate and demand an appropriate amount of money to account for what you have endured.
- Punitive damages: These damages punish the wrongdoer for actions that are malicious, intentional, or a wanton disregard for public safety.
You do not need to handle your UPS truck accident claim alone. Call Max Meyers Law, PLLC at today to set up your free, no obligation consultation.