An accident involving a UPS truck can be catastrophic. Anyone who has been hurt in one of these wrecks deserves to be compensated for their injuries and other losses. However, many victims wonder whether a large company like UPS will fairly cover them for their damages.
Retaining the right law firm will make a difference in your case. That’s where the Long Island UPS truck accident attorneys of Dell & Dean PLLC come in. We are committed to serving victims with the compassionate legal representation they need during their difficult road to recovery.
Who Is Liable For a UPS Accident?
One of the most important steps in winning compensation for your injuries is determining who was responsible for the accident. Depending on the facts of your case, you may be able to name multiple parties as defendants. These are a few examples:
Truck Driver
The truck driver who caused the accident may be liable if they were either acting as an independent contractor or were driving the truck outside the scope of employment. This means that, in turn, the driver’s personal insurance policy could have to pay for your losses. Drivers can be held liable when they engage in negligent conduct like driving under the influence, driving while distracted, or speeding.
UPS
In most cases, the driver will either be a part-time or full-time employee of UPS and will drive in vehicles that the company owns. As a result, most Long Island accident victims can generally seek compensation from UPS. Victims may recover damages if the driver was an employee of UPS and was driving a company truck, and if it can be shown that UPS did one of the following:
- Negligently hired the driver (e.g. by failing to conduct a background check to see if there was a history of reckless driving)
- Failed to properly train the employee in how to safely drive and operate the truck
- Disregarded federal trucking regulations concerning employee driving hours, truck weight, and other matters
- Failed to regularly inspect, maintain, and repair the truck and components of the truck
- Facilitated unsafe practices like scheduling too many deliveries in too short a timeframe
Other Parties Who Can Be Held Liable
There may be other individuals or entities responsible for your UPS accident, including:
- Other drivers: Any negligent third party drivers who cause a UPS truck to crash and injure victims may be named in a lawsuit.
- Vehicle and parts manufacturers: The manufacturer of a defective truck or truck part can be liable for a resulting accident.
- Repair shops: Whoever performs repair work or maintenance on the truck must do so carefully or people can get injured.
What Sort of Compensation Is Available in My Case?
Victims who have been hurt in a Long Island UPS truck accident can potentially claim various types of damages, including:
- Medical bills: Among these are ambulance care, hospitalization, surgery, physical therapy and rehabilitation, prescription drug medication, adaptive medical equipment, and future medical needs.
- Lost wages and lost future income: You can be compensated for the money that you lose while recovering, as well as any future income and benefits you may miss out on due to your injuries.
- Pain and suffering: This is one of several types of non-economic damages, a class of losses that are subjective in terms of dollar values yet for which compensation may be available.
- Property damage: If your automobile, bicycle, motorcycle, or other personal property is damaged or destroyed in the wreck, you can ask for compensation to cover this loss as well.
How Can a Long Island Personal Injury Attorney Help Me?
Being in a UPS truck accident is serious, and you need serious legal representation to fight for the damages that you deserve. When you hire Dell & Dean PLLC as your personal injury law firm, we will serve you by:
- Investigating the accident and acquiring evidence to substantiate your case
- Identifying all parties who may be held liable for your injuries
- Drafting, filing, and serving your court papers in accordance with court rules
- Leveraging our extensive knowledge of New York personal injury law on your behalf
- Handling all communications with the court, lawyers, and insurance companies
- Representing you in negotiations and mediation to try to settle your case out of court
- Retaining the services of expert witnesses, who can testify as to complex subjects such as accident reconstruction and your future medical needs
- Determining a fair value of compensation to ask for during negotiations or in court, including for projected future damages like medical bills
- Taking your case to trial if the at-fault parties refuse to negotiate in good faith
Contact Our Truck Accident Attorney for a Free Consultation
Accidents leave victims with uncertainty, but our firm is there to provide peace of mind and guidance each step of the way. Find out why so many clients trust us to stand up for them, from the conference room to the courtroom. Reach out to Dell & Dean PLLC to get started today.
Frequently Asked Questions About New York UPS Accidents
What will I have to prove in my case?
The victim has the burden of proof in an accident claim and must produce compelling evidence that establishes four elements. They are: a duty of care (the defendant had a duty to drive safely and obey traffic laws), breach (the defendant negligently failed to abide by the duty of care), causation (the breach directly caused the accident), and damages (the victim suffered losses for which they seek compensation). Our experienced attorneys are ready to assist in proving these.
Can you help if my loved one died in a UPS truck accident?
UPS accidents tragically claim the lives of victims in some cases, leaving survivors to grieve and struggle with the personal and financial consequences of their loss. They have the right to file a wrongful death lawsuit and seek compensation for such damages as funeral and burial expenses, economic losses stemming from the death, and the deceased victim’s final medical bills.
If I settle my case, but need more money later, can I ask for more?
Once you either settle your case with the at-fault party or win a court judgment against them, your case will be over for good. You will not have another chance to ask for reasonably estimated future losses like medical bills or missed income. For this reason, it is vital that you work with an experienced Long Island law firm that knows how to properly value a case, including future damages.
