UPS is one of the largest package delivery services in the world. UPS, FedEx, the United States Postal Service, and DHL compete in the delivery space. In one recent year, UPS had annual revenues that topped $74 billion and adjusted earnings that topped $6.5 billion. The company delivered over five billion parcels and packages in that year.
The brown trucks are a familiar sight for Americans that have come to associate the color with UPS. According to UPS’s most recent annual report, approximately 125,000 of its large trucks make deliveries every day. Not only does UPS have the well-known brown trucks that come to your door, but the company also has a growing number of 18-wheeler tractor-trailers on the road.
The company has nearly half a million employees, many of them truck drivers on the company payroll. The company has had to grow to meet increasing demand as the retail business moves away from brick-and-mortar stores and into the online realm. Sometimes, it means that the company is operating trucks in need of repair or putting drivers on the road who have not received adequate screening or training. But its lawyers are usually rested and ready to fight to keep the company from paying out—even when UPS drivers clearly hurt other people through negligent driving.
UPS Trucks Are in Accidents Daily
Along with a large number of trucks comes truck accidents. Even though UPS claims to prioritize safety and has its own traffic safety program, its drivers end up in thousands of crashes. With so many trucks on the road, these accidents are unavoidable.
UPS accident data is available online to the general public. The federal government publishes this information on a rolling basis. As of this writing, UPS trucks were involved in 2,597 accidents in the preceding 24-month period, meaning 3 to 4 reported UPS truck crashes take place in the country each day.
Given the size of UPS trucks and their heaviness, a large percentage of these accidents caused an injury. Roughly 36 percent of accidents involving UPS trucks involved at least one injury, and 59 of these accidents (about 2 percent) involved fatalities.
Some Recent Fatal UPS Truck Accidents
Recent examples of serious UPS truck accidents involving injuries include:
- In June 2020, a man died when his pickup truck crashed into a stalled UPS truck on the highway.
- In April 2020, an 18-year-old passed away when he was pulled over on the side of the road inspecting his tire and was struck by a UPS driver.
- A farmer died in May 2020 when his vehicle was struck from behind by a UPS truck while the farmer was following one of his tractors on the highway.
While UPS trucks passed inspections at a rate higher than the national average, the company’s vehicles were still taken out of service 8.7 percent of the time, meaning that thousands of potentially dangerous UPS trucks could imperil other drivers at any given time.
UPS Drivers Also Sustain Injuries in Accidents and Go on to Sue
Note that while much of this posting is from the standpoint of filing lawsuits against UPS for injuries in accidents with their drivers, UPS drivers themselves often sustain injuries in accidents.
For example:
- A UPS truck driver settled a case for $1.1 million after he suffered spinal cord injuries in an accident with another truck on the New Jersey Turnpike.
- Two UPS trucks were involved in a multi-car pileup on the Pennsylvania Turnpike in January 2020 after the driver of a bus lost control.
- The family of a UPS driver filed a wrongful death lawsuit against the driver of another truck when their loved one was killed in a fatal accident in Alabama in June 2020. A tire broke off another truck and smashed through the UPS driver’s windshield.
Why UPS Truck Accidents Often Happen
While UPS does not promise that its packages “absolutely positively have to be there overnight,” the entire point of the service is express delivery. That means that drivers are by definition in a hurry to get packages and parcels where they need to go and on time. While UPS actually has a relatively decent safety record, this record does not mean that every driver takes adequate care behind the wheel.
Common causes of UPS crashes include:
- Speeding – Drivers may tend to cut corners or speed because they are trying to get all of their packages delivered before the end of their shift and on time.
- Drowsy driving – UPS drivers could be working extra or overtime to make a delivery deadline and could be driving tired or drowsy.
- Distracted driving – Drivers may be distracted because they are trying to follow a schedule and directions to reach their destination. Alternatively, they may be texting or on their device while driving for other reasons.
- Truck loading – The truck may be improperly or overly weighted.
- Trucks in poor repair – On any given day, UPS trucks may not operate safely, including problems with the brake.
At the same time, UPS drivers are also at risk because they spend practically their entire workday on the road. Further, even though UPS trucks are large, they are nowhere near as safe as you think they are, as numerous UPS drivers are killed in accidents every year.
You Can Receive Payment for UPS Accident Injuries
You can recover compensation from UPS for your injuries in a UPS truck accident. The first thing to do after an accident is to get treatment for your injuries, not only so you can heal but also document your claim. Then, you would hire a truck accident attorney to begin the work of filing a lawsuit.
Proving UPS Drivers Were Negligent
To be eligible for financial compensation, you would need to show that the UPS truck driver was negligent in the accident that hurt you or your family member.
You will need to prove every single element of the following four-part test:
- Duty of care – The UPS driver owed a duty to others on the road to exercise reasonable care. This element usually exists in any UPS truck accident case.
- Breach of duty – The UPS breached their duty by not acting as a reasonable driver would under the circumstances. This test can be met if the driver was speeding, made an illegal turn, or was even not fully paying attention behind the wheel.
- Injury – The person filing the lawsuit was injured or suffered damage, monetary or otherwise.
- Causation – The UPS driver was the proximate cause of the plaintiff’s injuries, meaning that the claimant would not be hurt but for the actions of the UPS driver.
Once you prove that you can legally receive compensation for damages, you can receive damages that will put you in the same position as if the accident never happened. Of course, money cannot bring back your loved one in a wrongful death suit or heal your physical injuries, but your settlement or judgment quantifies the harm that you suffered and pays you for it.
The Process of Recovering Financially in a UPS Truck Accident
Your claims process could start with filing a demand letter seeking a settlement with the insurance company. The company carries up to $1 million of insurance coverage for each accident. If your claim is for less than the policy maximum, you can seek a settlement with the insurance company. However, seeking such a settlement would require that you show that the driver was responsible for the accident and that you can reach a fair settlement.
UPS has its insurance policy through Liberty Mutual. The company renews its policy on January 1 of each year. Liberty Mutual is a huge insurance giant and does not make money by writing large checks. Liberty Mutual is well known as one of the more difficult insurance companies from which to get a fair settlement. You need an attorney who is not afraid to say no to a lowball offer and fight for what you deserve and is willing to go to court if necessary to get it.
When You Would File a Lawsuit Against UPS
Consider filing a civil lawsuit against UPS for financial compensation when:
- The insurance company refuses to concede or admit that the UPS driver was negligent and responsible for your injuries.
- You cannot reach a fair settlement with the insurance company that will compensate for your injuries because they refuse to make a reasonable offer.
- Your damages were for more than the policy maximum. If you suffered damages of more than $1 million, your recovery is not limited to the amount of the insurance. UPS would be legally obligated to pay damages over and above the $1 million.
Why You Need a Truck Accident Attorney on Your Side
UPS has practically an army of insurance defense attorneys working on its behalf across the country. The company has long-standing relationships with many insurance defense firms who do nothing but contest and defend the company against claims. Chances are that UPS has more than one firm that they work with in the area where you are hurt and need to file your lawsuit.
That is why you need to have legal firepower of your own to match what UPS brings to the table. You need an attorney that knows how to deal with and handle companies like UPS and its insurance company.
Hiring a UPS truck accident attorney would not cost you nearly as much as you think. In fact, it would not cost you anything upfront. You would not need to write a retainer check or pay your attorney on a per-hour basis. Instead, your lawyer would work for a contingency fee, meaning that they receive no payment until you receive your compensation.
The lawyer would receive a percentage of your settlement or jury verdict, but you would not receive a bill for the lawyer’s services if you are not successful. This agreement is a way for you to afford an attorney in your case, even if you have no money.
Who Can You Sue in a UPS Truck Accident?
While FedEx has tried to classify all of its drivers as independent contractors, UPS has pursued a different business model. Above, we detailed the fact that UPS has nearly half a million employees, including its drivers. For people injured in a UPS truck crash and their families, this makes all the difference in the world when trying to obtain compensation for their injuries.
The most important point is that you can sue for your injuries. When an employee is negligent on the job, you can hold much more than just the employee legally responsible. If the employee’s actions were “within the scope of their employment,” UPS can also be civilly liable in a lawsuit. Within the scope of employment would cover instances in which the UPS employee was using the company’s truck to make a delivery. As long as the driver was not running personal errands or did not commit an intentional act, you can sue the employer.
For UPS accident victims, suing UPS can mean more money in their pocket in a settlement or a jury award. UPS carries a large insurance policy for all of its drivers because they do not want to pay their own money out in a lawsuit. Even if your claim exceeds the policy maximum, UPS has the deep pockets necessary to pay your damages. In any UPS truck accident, you would be suing the company first because you would not recover much from the driver.
If you were a UPS driver injured in an accident, you have the same rights as nearly any other person injured in an accident. You would file a lawsuit against the driver. If the other driver was working for another company themselves, the injured UPS driver would sue the employer of the truck driver. Contact Brauns Law Accident Injury Lawyers, PC to learn more about your legal options today.
