With the growth of online shopping, delivery trucks are appearing everywhere — from suburban neighborhoods to city intersections to rural roadways. With the abundance of delivery trucks – FedEx, UPS, Amazon, and DHL, among others – there are bound to be accidents. So you may be wondering what to do if a FedEx truck hits your car.
First, don’t panic. Assess your injuries and seek medical attention right away. Call 911 and ask for police to respond to the scene. Be sure to get the other driver’s license information. We’ll discuss additional steps to take later in this blog.
If you’ve been injured, you may be entitled to financial compensation, especially if the crash was due to a defendant’s negligence and carelessness. Truck crashes can be caused by:
- Distracted driving (texting, talking on the phone, adjusting the radio, etc.)
- Driving under the influence of alcohol or drugs
- Failure to follow rules of the road
- Driver fatigue
- Negligent hiring by a trucking company
- Inadequate driver training
- Inclement weather
- Road hazards and debris
- Inadequate truck maintenance
- Trucks with manufacturer defects.
How Often Are People Hit by a FedEx Truck?
In the 24 months prior to January 7, 2022, FedEx drivers were involved in a total of 392 accidents, according to the Federal Motor Carrier Safety Administration. This includes 9 fatal collisions and 147 crashes involving injuries. Of the 392 accidents, 236 required one or more vehicles to be towed. FedEx employs more than 42,000 drivers who log over a billion miles a year on the road. While FedEx drivers are often conscientious, these statistics demonstrate that crashes with FedEx trucks can cause serious injury and even death.
9 Steps: What to Do If a FedEx Truck Hits My Car
A personal injury lawyer explains what to do immediately after a crash.
All accidents resulting in injury should be taken seriously even if you think you haven’t been seriously hurt. Sometimes dangerous symptoms arise hours or days later. The most important thing to do within minutes after a FedEx truck hits your car is to ensure your own safety. Here are 9 steps to take:
- Call 911 and seek medical attention right away.
- Get the other driver’s license information.
- Write down the truck’s license plate number.
- Use your cell phone to take pictures of your injuries, damage to both vehicles, and the accident scene.
- Get the names and contact info of bystanders and eyewitnesses to the crash.
- Look around quickly to see if there are security and surveillance cameras (video can be used to prove your case).
- Make note of weather conditions and whether there is any road construction or disrepair in the vicinity.
- Say as little as possible to the other driver and do not explain or say you were at fault for the accident.
- Hire a skilled and experienced truck accident lawyer to represent you.
Common Injuries in Crashes with Delivery Trucks
Crashes with delivery trucks can result in a variety of serious injuries, some of them life threatening. This can mean time in the hospital and time off work. Common injuries include:
- Neck and back injuries
- Broken bones
- Cuts, gashes, and lacerations
- Internal bleeding
- Organ damage
- Wrongful death.
If you’ve been injured in a FedEx truck crash, you could be entitled to economic and non-economic damages, including:
- Medical costs (current and future)
- Lost wages
- Loss of future earnings
- Pain and suffering
- Loss of consortium
- Emotional distress (including trauma, humiliation, and disfigurement).
A judge can also impose punitive damages to punish defendants if their negligence is particularly egregious and the court wants to send a warning to other would-be wrongdoers.
Comparative vs. Contributory Negligence
Most states in the U.S. follow either a “comparative negligence” or a “contributory negligence” rule when determining fault for a personal injury accident. Comparative negligence means that both drivers can be partially at fault for an accident, but as long as you are 50% or less at fault, you can still recover some damages. Contributory negligence, which is less friendly to a plaintiff, means that you must prove the other driver is 100% at fault for the accident, or you are barred from collecting damages.
Minnesota is a comparative negligence state. (MN Statutes 604.01) That means as long as you can show that you were not more than 50% responsible for the accident, you can recover compensation proportionate with your degree of fault. So, what does that mean? Let’s look at an example. Let’s say you were running late to pick up your child from school and were speeding 45 miles per hour in a 35 mile per hour zone, but in all other ways you were obeying the rules of the road. Meanwhile, a FedEx delivery truck fails to stop at a stop sign and smashes into your vehicle, causing you injury. Let’s say a court finds that both drivers shared some fault for the accident, but the FedEx driver was 80% at fault and you were 20% at fault. The total damages were $80,000. That means you would be entitled to 20% less than total damages, or $64,000.
Statute of Limitations for Vehicle Accident Claims
In most cases, the statute of limitations for a personal injury claim, such as a crash with a FedEx truck, is six (6) years in Minnesota. (MN Statute 541.05) There are a few limited exceptions that could delay the statute of limitations “clock” from starting, including:
- The injured party is a minor
- The injured party is mentally impaired or insane.
Call Tyroler Leonard Injury Law Today
If you’ve been injured in a crash with a FedEx truck and want to get the justice you deserve, call the skilled attorney at Tyroler Leonard Injury Law to assess your accident case. We fight aggressively for our clients and will hold FedEx accountable. We are compassionate and committed to the well-being of every client. To find out more about how we can help, call us for a free initial consultation at 651-259-1113.