FedEx Accident Claims

Published On: March 2, 2022
Categories: Personal Injury Law

When it comes to package deliveries, FedEx is a common name. The company is close to $70 billion in annual revenue, employs around 600,000 people, and delivers 18 million packages a day. On top of those impressive figures, many packages FedEx handles arrive at their destination by one of the more than 200,000 motorized vehicles that the company has in operation. These vehicles serve an essential purpose, but they also create hazards for other roadway users.

If you or your loved one got injured by a FedEx truck driver, you should consult with a skilled truck accident lawyer to get the compensation you deserve.

Who Is FedEx?

Headquartered in Memphis, TN, Federal Express Corporation (FedEx) officially began its operations in 1973. In the corporation’s early years, it emerged as a leader in the push to deregulate air cargo, which allowed it to use larger aircraft to deliver more packages.

In the 1980s, it became the first company to reach $1 billion in revenue, and in 1984 it launched intercontinental operations in Europe and Asia. In the early 2000s, the behemoth acquired several trucking operations to enhance its delivery offerings.

According to the Federal Motor Carrier Safety Administration (FMCSA), the federal agency tasked with regulating the U.S. trucking industry, FedEx Corporation has had 786 violations in two years.

How Do FedEx Accidents Occur?

Like other types of delivery vehicles, FedEx delivery trucks are often oversized.

Large vehicles pose several hazards just by way of their size, including:

  • Significant blind spots that prevent the driver from seeing whether a travel lane is clear.
  • An increased distance needed for the brakes to pull the weight of the vehicle to a complete stop after the driver has perceived a hazard.
  • A high center of gravity that can result in the truck overturning due to imbalanced cargo or attempting sharp corners too fast.
  • Improper driver training covering how to maneuver the vehicle in adverse weather or traffic conditions.
  • Improper maintenance of the vehicle that can result in blown tires, brake failures, or other accident hazards.

The FMCSA Safety Measurement System reports the following violations involving FedEx delivery trucks.

#1. Unsafe Driving

The types of unsafe driving practices that result in the FMCSA reporting a violation include:

  • Failing to use caution for a hazardous condition, such as weather, smoke, or other hazards that can result in the truck losing traction or the driver’s visibility being impaired. In such situations, “using caution” generally means reducing one’s speed to a safe level for the conditions presented.
  • Failing to use hazard warning flashers when stopped alongside the roadway to let other drivers in the area know to use caution when driving past the vehicle.
  • Following too closely (tailgating), which presents a high risk of a rear-end accident due to the truck’s blind spot and the longer stopping distance it requires.
  •  Failure to obey a traffic control device, which includes activities such as running a red light or a stop sign, failing to obey portable or temporary signs, crossing a railroad when prohibited, or making an illegal U-turn.
  • Driving while texting or other use of a handheld device when operating the vehicle, which FMCSA regulations prohibit for all drivers with a commercial driver’s license (CDL).
  • Operating the truck while ill or fatigued.
  • Failing to perform a pre-trip inspection to discover visible issues.

#2. Hours of Service

The risk of driving a commercial motor vehicle while fatigued is extreme. The FMCSA reports that about 13 percent of all commercial drivers involved in accidents said they were tired before the crash.

To prevent accidents resulting from fatigued truck drivers, the FMCSA instituted its Hours of Service requirements, which include:

  • A driver can drive a maximum of 11 hours after ten consecutive hours of off-duty time.
  • A driver can not drive after the 14th hour of on-duty time after ten consecutive hours of off-duty time.
  • Drivers must take an off-duty break of 30 minutes after eight cumulative hours on-duty without at least a 30-minute interruption.
  • Drivers cannot drive more than 60 hours in seven days or 70 hours in eight days.

#3. Vehicle Maintenance Issues

FedEx trucks often haul thousands of pounds of cargo and travel many more miles in the average month than most other types of vehicles. Putting on all these miles while carrying heavy weight can cause parts of the car such as its tires and brakes to wear sooner than expected. FedEx, like other carriers, is required to perform regular maintenance on its trucks, and drivers must complete a pre-trip inspection before every trip.

#4. Alcohol and Drug Impairment

The FMCSA requires holders of commercial driver’s licenses to submit to regular and random drug and alcohol screenings to obtain and maintain the CDL. Additionally, CDL-holders are subject to a reduced legal impairment limit for alcohol.

The impairment limit for most drivers over 21 in the U.S. is 0.08 grams of alcohol per deciliter of blood. However, CDL drivers must adhere to a different standard. A CDL driver is impaired if their blood alcohol content reaches 0.04.

#5. Driver Fitness

In addition to drug screenings, CDL-holders (which include drivers of commercial trucks weighing over 10,000 pounds) must undergo regular physical examinations to ensure that they are medically fit to handle the rigors of the job.

If the medical examiner discovers the driver has a medical condition, they will determine whether the condition impacts their ability to drive. Even if the driver has a disqualification, it is only temporary until the driver can recover from the disqualifying condition or manage it through medication.

Seeking Compensation After a FedEx Accident

If you suffered an injury in an accident caused by a FedEx driver, you could seek compensation through the personal injury claims process. This process often begins with your attorney determining liability and insurance resources, establishing a value to your claim, and sending a demand to the at-fault party’s insurance provider. The provider will then assign an insurance adjuster to the case. Next, the adjuster will evaluate the information, investigate the matter, and either:

  • Accept the liability of their insured, and pay the demand;
  • Deny the claim and provide the claimant with a reason for the denial; or
  • Offer to settle the claim for less than its demanded value.

The quickest resolution to any lawsuit is when the adjuster pays the claim without argument. If they deny the claim, you and your attorney can file an appeal or take the case to court. If they offer a settlement, your attorney can negotiate with the adjuster to get them to increase their offer. If the adjuster fails to either pay the claim or make a fair offer, your claim can be filed in court as a lawsuit at any time before the statute of limitations runs out.

The statute of limitations is the time limit that lawmakers in your state have placed on your right to use the court system to seek compensation for the expenses and impacts of your injury. In Florida, for example, claimants generally have four years to file their lawsuit in court.

Who Is Liable: FedEx or Their Driver?

The cornerstone of your injury claim is the ability to prove that someone else was liable for the accident that caused your injury. If a FedEx driver caused the accident, you may hold them responsible.

However, you may hold the company itself liable because of:

  • Vicarious liability, which involves a company’s liability for its employees.
  • The company’s failure to ensure that the driver was properly licensed and adequately trained for the job. Additionally, the company ensures that the trucks are maintained and adequately insured. The FMCSA requires a higher level of insurance for commercial vehicles.

Some accidents involve multiple liable parties like other drivers whose actions contributed to the accident and even agencies tasked with maintaining the roadways. Your attorney will carefully investigate the details of your claim to determine all sources of liability and all available insurance resources that can provide your compensation.

The Compensation You Can Seek

Individuals filing a FedEx accident claim can seek compensation for their injury expenses (economic damages) and the psychological effects (non-economic damages).

Some costs that commonly appear on damage claims following a FedEx accident include:

  • All medical expenses involved in treating the injury and its known complications. This includes expenses you already incurred and those you will likely face because of your injury.
  • Wage loss resulting from being too injured to work; and loss of earning capacity if your injury results in a permanent disability that impairs your ability to earn the same income as before the accident.
  • Property damage caused in the accident, such as damage to the vehicle you were driving.
  • Physical pain and suffering, and emotional distress resulting from your injury.

How an Experienced Attorney Can Help You With Your FedEx Accident Claim

The most important thing your attorney can provide is their experience with the legal process. Any claim involving a driver under FMCSA regulations is more complex due to the many applicable regulations. It takes time to inspect the documentation pertaining to these regulations and gather the evidence that proves your claim, but an attorney’s experience can ease the process.

Your attorney will:

  • Determine of liability and insurance
  • Establish your case’s value
  • Manage communication with the at-fault party’s insurance provider to protect the value of your claim and negotiate a settlement.
  • Calculate fair value compensation for your claim and other information to make the important decisions about your case.
  • Gathering evidence and deposing witnesses.
  • Manage the deadlines in your case so you may use the civil court system to seek compensation.
  • Litigate your claim by preparing evidence, delivering opening and closing arguments, presenting evidence, and examining witnesses.
  • Collect your settlement or award.

Will My Case Go to Court?

About 96 percent of personal injury claims in the U.S. settle before they ever reach a courtroom. The settlement offer can occur anytime, even after court hearings have started.

There is no guarantee that your case will settle out of court either. Litigation may be necessary if the insurer fails to pay the claim or offer a settlement. Contact an attorney to fight for your right to compensation, whether the battle is in negotiations or litigation.When it comes to package deliveries, FedEx is a common name. The company is close to $70 billion in annual revenue, employs around 600,000 people, and delivers 18 million packages a day. On top of those impressive figures, many packages FedEx handles arrive at their destination by one of the more than 200,000 motorized vehicles that the company has in operation. These vehicles serve an essential purpose, but they also create hazards for other roadway users.

If you or your loved one got injured by a FedEx truck driver, you should consult with a skilled truck accident lawyer to get the compensation you deserve.

Who Is FedEx?

Headquartered in Memphis, TN, Federal Express Corporation (FedEx) officially began its operations in 1973. In the corporation’s early years, it emerged as a leader in the push to deregulate air cargo, which allowed it to use larger aircraft to deliver more packages.

In the 1980s, it became the first company to reach $1 billion in revenue, and in 1984 it launched intercontinental operations in Europe and Asia. In the early 2000s, the behemoth acquired several trucking operations to enhance its delivery offerings.

According to the Federal Motor Carrier Safety Administration (FMCSA), the federal agency tasked with regulating the U.S. trucking industry, FedEx Corporation has had 786 violations in two years.

How Do FedEx Accidents Occur?

Like other types of delivery vehicles, FedEx delivery trucks are often oversized.

Large vehicles pose several hazards just by way of their size, including:

  • Significant blind spots that prevent the driver from seeing whether a travel lane is clear.
  • An increased distance needed for the brakes to pull the weight of the vehicle to a complete stop after the driver has perceived a hazard.
  • A high center of gravity that can result in the truck overturning due to imbalanced cargo or attempting sharp corners too fast.
  • Improper driver training covering how to maneuver the vehicle in adverse weather or traffic conditions.
  • Improper maintenance of the vehicle that can result in blown tires, brake failures, or other accident hazards.

The FMCSA Safety Measurement System reports the following violations involving FedEx delivery trucks.

#1. Unsafe Driving

The types of unsafe driving practices that result in the FMCSA reporting a violation include:

  • Failing to use caution for a hazardous condition, such as weather, smoke, or other hazards that can result in the truck losing traction or the driver’s visibility being impaired. In such situations, “using caution” generally means reducing one’s speed to a safe level for the conditions presented.
  • Failing to use hazard warning flashers when stopped alongside the roadway to let other drivers in the area know to use caution when driving past the vehicle.
  • Following too closely (tailgating), which presents a high risk of a rear-end accident due to the truck’s blind spot and the longer stopping distance it requires.
  •  Failure to obey a traffic control device, which includes activities such as running a red light or a stop sign, failing to obey portable or temporary signs, crossing a railroad when prohibited, or making an illegal U-turn.
  • Driving while texting or other use of a handheld device when operating the vehicle, which FMCSA regulations prohibit for all drivers with a commercial driver’s license (CDL).
  • Operating the truck while ill or fatigued.
  • Failing to perform a pre-trip inspection to discover visible issues.

#2. Hours of Service

The risk of driving a commercial motor vehicle while fatigued is extreme. The FMCSA reports that about 13 percent of all commercial drivers involved in accidents said they were tired before the crash.

To prevent accidents resulting from fatigued truck drivers, the FMCSA instituted its Hours of Service requirements, which include:

  • A driver can drive a maximum of 11 hours after ten consecutive hours of off-duty time.
  • A driver can not drive after the 14th hour of on-duty time after ten consecutive hours of off-duty time.
  • Drivers must take an off-duty break of 30 minutes after eight cumulative hours on-duty without at least a 30-minute interruption.
  • Drivers cannot drive more than 60 hours in seven days or 70 hours in eight days.

#3. Vehicle Maintenance Issues

FedEx trucks often haul thousands of pounds of cargo and travel many more miles in the average month than most other types of vehicles. Putting on all these miles while carrying heavy weight can cause parts of the car such as its tires and brakes to wear sooner than expected. FedEx, like other carriers, is required to perform regular maintenance on its trucks, and drivers must complete a pre-trip inspection before every trip.

#4. Alcohol and Drug Impairment

The FMCSA requires holders of commercial driver’s licenses to submit to regular and random drug and alcohol screenings to obtain and maintain the CDL. Additionally, CDL-holders are subject to a reduced legal impairment limit for alcohol.

The impairment limit for most drivers over 21 in the U.S. is 0.08 grams of alcohol per deciliter of blood. However, CDL drivers must adhere to a different standard. A CDL driver is impaired if their blood alcohol content reaches 0.04.

#5. Driver Fitness

In addition to drug screenings, CDL-holders (which include drivers of commercial trucks weighing over 10,000 pounds) must undergo regular physical examinations to ensure that they are medically fit to handle the rigors of the job.

If the medical examiner discovers the driver has a medical condition, they will determine whether the condition impacts their ability to drive. Even if the driver has a disqualification, it is only temporary until the driver can recover from the disqualifying condition or manage it through medication.

Seeking Compensation After a FedEx Accident

If you suffered an injury in an accident caused by a FedEx driver, you could seek compensation through the personal injury claims process. This process often begins with your attorney determining liability and insurance resources, establishing a value to your claim, and sending a demand to the at-fault party’s insurance provider. The provider will then assign an insurance adjuster to the case. Next, the adjuster will evaluate the information, investigate the matter, and either:

  • Accept the liability of their insured, and pay the demand;
  • Deny the claim and provide the claimant with a reason for the denial; or
  • Offer to settle the claim for less than its demanded value.

The quickest resolution to any lawsuit is when the adjuster pays the claim without argument. If they deny the claim, you and your attorney can file an appeal or take the case to court. If they offer a settlement, your attorney can negotiate with the adjuster to get them to increase their offer. If the adjuster fails to either pay the claim or make a fair offer, your claim can be filed in court as a lawsuit at any time before the statute of limitations runs out.

The statute of limitations is the time limit that lawmakers in your state have placed on your right to use the court system to seek compensation for the expenses and impacts of your injury. In Florida, for example, claimants generally have four years to file their lawsuit in court.

Who Is Liable: FedEx or Their Driver?

The cornerstone of your injury claim is the ability to prove that someone else was liable for the accident that caused your injury. If a FedEx driver caused the accident, you may hold them responsible.

However, you may hold the company itself liable because of:

  • Vicarious liability, which involves a company’s liability for its employees.
  • The company’s failure to ensure that the driver was properly licensed and adequately trained for the job. Additionally, the company ensures that the trucks are maintained and adequately insured. The FMCSA requires a higher level of insurance for commercial vehicles.

Some accidents involve multiple liable parties like other drivers whose actions contributed to the accident and even agencies tasked with maintaining the roadways. Your attorney will carefully investigate the details of your claim to determine all sources of liability and all available insurance resources that can provide your compensation.

The Compensation You Can Seek

Individuals filing a FedEx accident claim can seek compensation for their injury expenses (economic damages) and the psychological effects (non-economic damages).

Some costs that commonly appear on damage claims following a FedEx accident include:

  • All medical expenses involved in treating the injury and its known complications. This includes expenses you already incurred and those you will likely face because of your injury.
  • Wage loss resulting from being too injured to work; and loss of earning capacity if your injury results in a permanent disability that impairs your ability to earn the same income as before the accident.
  • Property damage caused in the accident, such as damage to the vehicle you were driving.
  • Physical pain and suffering, and emotional distress resulting from your injury.

How an Experienced Attorney Can Help You With Your FedEx Accident Claim

The most important thing your attorney can provide is their experience with the legal process. Any claim involving a driver under FMCSA regulations is more complex due to the many applicable regulations. It takes time to inspect the documentation pertaining to these regulations and gather the evidence that proves your claim, but an attorney’s experience can ease the process.

Your attorney will:

  • Determine of liability and insurance
  • Establish your case’s value
  • Manage communication with the at-fault party’s insurance provider to protect the value of your claim and negotiate a settlement.
  • Calculate fair value compensation for your claim and other information to make the important decisions about your case.
  • Gathering evidence and deposing witnesses.
  • Manage the deadlines in your case so you may use the civil court system to seek compensation.
  • Litigate your claim by preparing evidence, delivering opening and closing arguments, presenting evidence, and examining witnesses.
  • Collect your settlement or award.

Will My Case Go to Court?

About 96 percent of personal injury claims in the U.S. settle before they ever reach a courtroom. The settlement offer can occur anytime, even after court hearings have started.

There is no guarantee that your case will settle out of court either. Litigation may be necessary if the insurer fails to pay the claim or offer a settlement. Contact an attorney to fight for your right to compensation, whether the battle is in negotiations or litigation.