As the number of cars on the road increases so does the number of crashes, and with more people making use of online shopping and delivery services, crashes involving delivery trucks are becoming increasingly common. This is especially true in Texas, where 18,760 crashes involving large trucks were reported in 2023 alone – over 12% of the national total.
Unlike privately owned vehicles, delivery trucks like those operated by FedEx are subject to strict federal regulations that affect liability and any claims that might arise as a result of the accident.
A Houston FedEx truck accident lawyer not only understands the intricacies of corporate liability and relevant local regulations, but is also well-versed in negotiating with corporate insurers and can represent you if the case goes to court.
Why Choose Callahan Law Firm?
At The Callahan Law Firm, we provide legal representation with decades of experience handling truck accident cases, including those involving large carriers like FedEx.
Our client-first approach means we are here to help guide you every step of the way, from the first consultation to the final resolution.
- 25+ years’ experience
- In-depth knowledge of Texas truck laws
- personalized attention and support
- proven success against large corporations like FedEx
- track record of securing favorable settlements and trial verdicts
- no fees unless we recover compensation for you
FedEx Truck Accidents: What you need to know
FedEx has a fleet of hundreds of thousands of 18-wheelers, box trucks and cargo vans constantly on the move, with drivers working long hours under tight deadlines. While similar factors contribute to both car crashes and FedEx truck accidents, these conditions can increase the likelihood and severity of collisions.
Common causes of FedEx truck accidents include:
- Driver fatigue
- Speeding
- Reckless driving
- Distracted driving
- Ill-balanced load
- Mechanical failure
- Poor weather
- Road surface conditions
- Drunk driving
- Inexperience
Legal Rights of People Involved in FedEx Truck Accidents
Those involved in accidents with FedEx trucks have rights under the law, including the right to pursue compensation. Seeking counsel with a FedEx truck accident lawyer quickly can help ensure those rights are protected and that you are equipped to navigate the legal process.
Understanding Liability
In Texas liability is fault-based, meaning that the person or persons responsible for causing the accident are liable for the resulting damages. In cases involving privately-owned trucks or smaller businesses, liability is often limited to the driver and their insurance. When a FedEx truck is involved, multiple parties could be liable, including the driver, FedEx itself, and potentially third-party contractors.
Corporate Liability
Commercial vehicle owners in Texas can be held liable if a vehicle accident was caused by negligence on the company’s part. For instance, if the truck was not properly maintained, the driver had not been properly vetted, or was made to work unreasonable hours, the delivery company can be held liable.
Third-Party Liability
Some FedEx trucks are owned and operated by independent contractors, meaning that any corporate liability claim would need to be addressed to these third parties.
Likewise, any other individual or company whose negligence contributes to a FedEx truck accident can also be held liable, including:
- Vehicle and parts manufacturers
- Vehicle maintenance companies
- Road maintenance authorities
- Another driver or pedestrian
Determining liability in FedEx accident claims requires thorough evidence collection, legal expertise, and knowledge of Texas trucking regulations. An experienced lawyer plays a crucial role in organizing and presenting this information to build a strong case, ensuring that all responsible parties are held accountable.
Proving Negligence
Proving negligence is central to establishing liability in a FedEx truck accident case. It shows that the driver or delivery company’s actions directly caused the harm, making them responsible for compensating any injuries or damages that resulted.
Negligence in this context consists of four elements:
- Duty of Care. The driver or FedEx (the defendant) must have owed a legal duty of care. For example, all drivers have a duty to follow traffic laws, and all delivery companies have a duty to maintain their vehicles.
- Breach of Duty. You must show that the defendant breached this duty by acting unreasonably or violating the law.
- Causation. You must prove that this breach of duty directly caused the accident and the resulting harm.
- Damages. You must demonstrate that you suffered actual harm or losses as a result of the accident.
Common Injuries from FedEx Truck Accidents
Because of their larger size and weight, accidents involving FedEx trucks are more likely to result in serious injuries and even death. Even if you feel fine after an accident, it is vital you go for a medical examination afterwards to make sure you aren’t injured.
Common injuries reported after FedEx truck accidents are:
- Fractures and broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Whiplash
- Internal injuries
- Lacerations and bruising
- Burns
Compensation Available for People Involved in FedEx Truck Accidents
If you are in an accident with a FedEx truck and either the driver or the owner of the truck is found to be liable, you may be entitled to financial compensation for the losses or damages you suffered as a result. These can include:
- Medical bills
- Loss of income
- Pain and suffering
- Property damage
When the accident has been caused by fraud, malice, or gross negligence, a judge may award punitive or exemplary damages in excess of the value of the damage or losses incurred.
What Should I Do After a FedEx Truck Accident?
The moments after an accident can be overwhelming and disorienting, but there are some important steps you need to take to take care of your safety and your legal rights.
- Check for injuries. Check on the well-being of the drivers and occupants of both vehicles and call emergency services if anyone needs assistance.
- Clear dangers. Remove vehicles or obstructions in the road that may endanger other drivers.
- Exchange details. You need to provide the truck driver with your details and take note of theirs.
- Name and surname
- Contact details
- Insurance details
- Driver’s license number
- Vehicle registration number
- Vehicle make and model
- Vehicle owner
- Document the accident. Get contact details from any witnesses and make a note of the time, location, traffic, road condition, and weather. Take photos of the vehicles, damage, accident scene, and any injuries.
- Report the accident. File an official police report to establish the details of the accident. In Texas any accident resulting in significant injury or damage must be reported within 10 days, and many insurers will insist on a police report for more serious claims.
- Call your insurer. Notify your insurance company of the accident but if you are in any doubt avoid making statements or filling out a claim until you have had a chance to consult with an attorney.
- Consult with a truck accident lawyer. If you are at all unsure of your rights, concerned with your insurance claim, or need legal representation in your FedEx truck accident case, contact a Houston truck accident lawyer as early on as possible.
- Keep records. Keep detailed records of any injuries and medical expenses resulting from the accident, along with all estimates and bills for damages caused. Get a copy of the police report, keep proof of lost wages and save any correspondence with insurance companies.
How The Callahan Law Firm Can Help
At The Callahan Law Firm, we understand the complexities involved in cases resulting from FedEx truck accidents. From the moment you reach out, our skilled team will guide you through every step of the legal process, helping you understand your options and the potential outcomes and making sure you get the justice you deserve under the law.
If you or a loved one has been affected by a FedEx truck accident, don’t hesitate to contact us to discuss your case and get the information you need to move forward. Let us help you navigate this challenging time and fight for the compensation you are entitled to. Get in touch with one of our FedEx truck accident attorneys in Houston today to schedule a cost-free consultation.
FAQs
Can I still claim compensation if I share some responsibility for the accident?
Yes, Texas follows a modified comparative fault rule, which means you can still seek compensation as long as you are less than 51% at fault for the accident.
What information will my FedEx truck accident lawyer in Houston need from me during the initial consultation?
Your lawyer will need details about the accident, including police reports, medical records, insurance information, and any evidence such as photos or witness statements.
Can I rely only on insurance after a FedEx truck accident?
While insurance may cover some costs, it’s often not enough. An experienced lawyer can help you seek the full compensation you deserve under the law.
Are there different rules when suing large-scale companies like FedEx?
Yes, large companies like FedEx have legal teams ready to defend against claims. An experienced truck accident attorney knows how to navigate these complexities to ensure your rights are protected.