UPS (United Parcel Service) and Fed Ex (Federal Express) Truck Accident
In communities throughout Florida and the United States, it is common to see UPS and Fed Ex trucks on the roads, streets, and highways. The delivery business is a competitive and bustling industry that is growing on a daily basis thanks in part to the expansion of online shopping including but not limited to purchases made through Amazon.Com and other online merchants. Both UPS and Fed Ex take efforts to deliver packages on time as promised. Unfortunately, in the efforts to deliver a package, there are often motor vehicle accidents or car accidents involving a UPS truck driver or a Fed Ex truck driver. It should be noted that just because there is a crash with a UPS vehicle or a Fed Ex vehicle - there is no guarantee per se of compensation just because the respective companies are billion dollar companies. Like other personal injury cases, it is the burden on the injury victim to prove up the four essential elements of a case which are: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages.
For over 30 years, David Wolf has represented truck accident victims and car accident victims in cases throughout the State of Florida. He is the author of 12 books including the book titled - Big Trucks - Big Problems - When a Truck Driver Wrecks Your Day and Life - Legal Rights of the Injury Victim and Family and the book titled - Florida Automobile Accidents - Personal Injuries - Keys to Protecting and Enforcing Your Legal Rights.
Let's discuss an example to show how the four elements of an injury case fit together. Let's say Fed Ex truck driver crashes into a vehicle stopped at a red light on a clear and sunny day. There is rear end bumper damage to the motor vehicle driven by John Jones. The police are called to the scene of the crash and issue a citation to the Fed Ex truck driver. At the scene of the accident, John Jones did not feel much in the way of pain. As such, fire rescue did not come to the scene. Mr. Jones went home. When he woke up the next day, Mr. Jones felt some tension and pain in his back and went to his primary care doctor. Based on these facts, does John Jones have a case to pursue? While this seems like a basic question that is easy to answer, the answer is not so simple. The Fed Ex truck driver had a duty to keep a safe distance from other vehicles and to be attentive to traffic and road conditions. The Fed Ex truck driver breached this duty when he crashed into the back end or rear end of Mr. Jones' motor vehicle. That covers two of the four elements which are Duty and Breach of Duty. Now, we need to address the issues of Causation and Damages. Mr. Jones claims that he injured his back as a result of the crash. If Mr. Jones only goes to the doctor once that is it, there will not be much of a case or claim to pursue. However, if Mr. Jones seeks treatment in the form of therapy, pain management, and other modalities over the next several months, there could be a case to pursue; however, it should be noted that companies like UPS and Fed Ex often question and challenge the severity of injuries even when the treatment regimen spans several months and includes therapy, injections, and even a surgical recommendation or surgery. While the fault for this particular accident is fairly clear, the damages and injuries are often challenged as to their severity and permanency. This, in turn, results in a battle over the fair and reasonable value of the case.
UPS, Fed Ex, and other companies are well represented by attorneys, adjuster, and investigators. The injury victim deserves proper representation as well to make sure that his or her rights are protected and enforced when needed. David Wolf provides a Free Consultation for all personal injury claims including those related to truck accidents. Contact David Wolf right now and get a better understanding of your legal rights and what actions / steps you should take to protect yourself in the aftermath of a truck accident. Call or text David Wolf at (904) 500-9653. You can also e-mail David Wolf at dwolf@davidalanwolf.com Get D Wolf On Your Side - At Your Side.