FedEx truck accidents can be serious due to the size of these vehicles and the challenges of dealing with a large corporation. Houston’s roads are filled with FedEx trucks making daily deliveries, and while most drivers are careful, accidents still happen. These crashes can cause severe injuries, leaving victims with medical bills, lost wages, and pain and suffering. Knowing your rights is key to securing fair compensation.
Hernandez Sunosky, LLP has experience handling FedEx truck accident claims in Houston. Our personal injury attorneys fight for injured victims, taking on large corporations and insurance companies. We investigate cases thoroughly and build strong claims to get our clients the compensation they deserve. If you’ve been injured in a FedEx truck accident, we’re here to help.
Common Causes of FedEx Truck Accidents in Houston
There are a number of different factors that can contribute to a FedEx truck being involved in an accident. Some of them are things that can affect any of us, such as driver fatigue or reckless driving. Sometimes, FedEx drivers are concerned about getting packages delivered on time and may speed to make up for lost time. Others may get distracted since they have to follow a mapped route to get from each delivery to the next destination. If the driver is on an unfamiliar route, he or she may spend more time checking the navigation system while not paying sufficient attention to the road.
Other factors can also contribute to an accident with a FedEx truck. For example, the truck may not have been properly maintained. If there is an issue with the brake pads or tire treads, the FedEx truck may have an issue with stopping or skidding, especially if we are having one of our typical rain storms here in Houston.
What To Do After a FedEx Truck Accident
If you are involved in an accident with a FedEx truck, follow these steps to protect your health and legal rights:
- Seek immediate medical attention.
- Get checked for hidden injuries, such as internal trauma.
- Call the police to report the accident.
- Obtain a copy of the police report.
- Collect the FedEx driver’s contact and insurance information.
- Document the accident scene with photos, including vehicle damage.
- Gather witness statements and contact details, if possible.
- Avoid discussing fault at the scene.
- Contact an experienced Houston traffic accident attorney.
- Let your attorney handle insurance negotiations and legal claims.
Can You File an Insurance Claim Against FedEx?
This depends on the driver’s employment status and what he or she was doing at the time of the accident. Most FedEx drivers are employees. This means that FedEx is responsible for any compensation you are entitled to receive for an accident involving one of its trucks. This would be different if the driver was an independent contractor since you would have to first make a claim against the driver’s insurance company and then try to show that the accident was caused in part by something that was the responsibility of FedEx. This would be like a damaged tire, poor brakes or other maintenance issue on the FedEx truck that made it more likely to be involved in an accident. Still, in most cases, you will be able to file an insurance claim with FedEx to get compensated for your injuries.
What Happens if You Don’t Receive an Acceptable Settlement Offer?
Sometimes, FedEx’s insurance company will not agree to a satisfactory settlement. When this happens, you will have to file a lawsuit against FedEx seeking the compensation you desire. Your attorney will prepare a complaint that will be served on FedEx and the driver. Since one of the issues will be which party was responsible for causing the accident, you will have to name the FedEx driver in the complaint. You will then have to go through the pretrial process, including discovery, where the parties exchange information about the accident and the case. If you are unable to reach a settlement during this phase, then the case will go to trial with a jury or a judge determining the verdict.
Types of Damages in a FedEx Accident
If you were involved in an accident with a FedEx vehicle, you may be entitled to various types of compensation. The damages you can seek cover a wide range of financial, physical, and emotional losses. Below is a list of potential types of compensation you may be eligible for:
- Pain and suffering
- Medical expenses
- Cost of medications
- Durable medical equipment
- Rehabilitation costs
- Lost wages
- Emotional anguish
- Disfigurement
- Future medical expenses
How Long Do You Have to File a Claim?
The Texas statute of limitations for traffic accidents is very short. You will have to file a claim against FedEx within two years of the date of the accident. If you are unable to do this before the time expires, then you run the risk of having your case dismissed.
Contact Our Houston FedEx Truck Accident Attorneys
If you were injured in a FedEx truck accident in Houston, you are going to need the assistance of an experienced lawyer. The traffic accident attorneys at Hernandez Sunosky, LLP have the experience you need to get you the compensation you deserve. Call us today to get started with your claim.
Based in Kingwood, Hernandez Sunosky, LLP serves clients in Houston, Atascocita, Humble, New Caney, Porter, Pearland, and across Texas. Our experienced personal injury attorneys are here to support you in your time of need, providing the guidance you require to seek justice and compensation.