Companies like FedEx are important parts of our nation’s supply chains, and drivers often see large FedEx trucks on the road. If you are injured in an accident with a FedEx truck or vehicle, you may sue for damages. An attorney can help you determine who to sue and how to begin your case.
You may be able to sue the driver of the FedEx vehicle in addition to the company FedEx. If the driver is directly responsible for the accident, FedEx may be held vicariously liable because it is the driver’s employer. Alternatively, FedEx may be held directly liable if it hired an unfit driver or failed to provide adequate training. Your attorney can help you determine who is responsible and how to initiate a lawsuit for damages.
Ask our Chicago, IL truck accident lawyers for a free, private case review to start your lawsuit by calling the Rhatigan Law Offices at (312) 578-8502.
How Do I Begin a Lawsuit Against FedEx After an Accident in Illinois?
You can begin your lawsuit by contacting an experienced attorney who can help you determine who is responsible for the accident, what damages you can claim, and gather evidence.
Call a Lawyer
The best way to begin a lawsuit for a FedEx vehicle accident is to call a lawyer who can help you explore your legal options. You may want to sue, but you might have to exhaust other legal options first. Courts usually like to see victims of vehicle accidents exhaust their insurance options before suing.
Your attorney can also assess the strength of your claims and the damages available. Strong claims coupled with significant claims for damages may mean that substantial compensation is at stake.
Gather Information and Evidence
Your lawyer should help you begin your lawsuit by gathering information and evidence about the accident. First, our Illinois truck accident lawyers need information about everyone involved in the accident, including you, the FedEx driver, other drivers, and passengers. Even if you only sue FedEx, we may need to explain how other drivers were involved in the accident.
Next, we need details about how the accident happened. Was it a head-on collision? Did the FedEx driver fall asleep at the wheel? Was someone intoxicated behind the wheel? It may be difficult to sue for damages if we cannot explain how the accident occurred.
Finally, we need some evidence of the defendant’s negligence to begin your lawsuit. While we do not necessarily need enough evidence to meet our burden of proof, we should have enough to show that you have a valid cause of action.
File a Formal Complaint in Court
Once we have all the information and evidence needed to file a lawsuit, we must file a formal complaint against FedEx and the driver with the appropriate civil court.
The complaint is a legal document that explains how the accident occurred, who was involved, how you were injured, and why we believe the defendant should be held liable. The complaint should also describe in detail each allegation you make against the defendant.
Who Can I Sue After an Accident Involving a FedEx Vehicle?
After an accident with a FedEx truck, you may be able to sue one or more people or entities. Often, plaintiffs file claims against negligent drivers and FedEx.
The FedEx Driver
We should include the FedEx driver who caused the accident in your lawsuit. Auto accidents are often the result of driver negligence, and drivers should be held responsible.
Some possible examples of negligence in a FedEx truck accident include speeding, reckless driving, distracted driving, and driving while intoxicated. We might not know exactly how the FedEx truck driver was negligent until after the authorities investigate the accident.
FedEx
When suing a FedEx driver for an accident, we should include their employer as a defendant. FedEx may be held vicariously liable for the accident simply because it employed the negligent truck driver. Alternatively, FedEx may be directly liable if we can prove that they hired a driver who was dangerous or unfit for the job, or perhaps they provided inadequate training to the driver.
It is usually a good idea to include FedEx in an accident case because the company likely has greater financial resources than the driver to cover your damages.
Third Parties
In some cases, third parties not directly involved in the accident may bear responsibility. A common example is when automotive parts are defective and recalled because they can cause accidents. If the FedEx driver crashed into you because of a vehicle defect, such as defective brakes, we can sue the manufacturer of the defective auto parts.
What if the FedEx Driver Who Causes an Accident is Not a FedEx Employee?
A key part of suing FedEx after an accident is determining whether the FedEx driver is an employee or an independent contractor.
Employees and Independent Contractors
When the driver is an employee, the rules of vicarious liability may apply, and we can sue FedEx for its employee’s negligence. The problem is that FedEx claims that most, if not all, of its drivers are independent contractors rather than employees.
We cannot sue FedEx for an independent contractor’s negligence. Instead, we can sue the driver and whatever company or business they work for, but probably not FedEx. Even so, there may be ways around this.
Direct Liability
Even if the driver is an independent contractor, we can still sue FedEx if we have reason to believe they should be held directly liable rather than vicariously liable.
For example, FedEx may be held directly liable for negligent hiring or negligent entrustment if it hired the independent contractor knowing the contractor was unfit for the job. If the driver has a history of causing accidents, road rage, or drunk driving, and FedEx hires them anyway, FedEx may be directly liable for the resulting accident.
Employee Misclassification
Another possibility is that FedEx claims that the driver is an independent contractor, but they are really an employee. Worker misclassification is a common problem, and employers sometimes do this to avoid liability for accidents and injuries caused by employees.
A good indication that an independent contractor is actually an employee is the level of control FedEx has over their job. An independent contractor does not work for the people or businesses that hire them, and they often choose their own hours, work methods, and salary. If FedEx controls these factors, the worker might actually be an employee.
FAQs About Suing FedEx After an Accident in Illinois
Who Can I Sue After a Collision with a FedEx Vehicle?
After an accident with a FedEx truck, you can likely sue the truck driver and FedEx. It may be important to include FedEx in the case, as they may be more capable of covering your damages than just the driver alone.
What Damages Can I Claim in a Lawsuit for an Accident with a FedEx Vehicle?
You may claim extensive damages for the damage to your vehicle, damaged personal property that was inside your vehicle, medical bills, physical pain, mental distress, lost earnings, and possibly more.
How Do I Start a Lawsuit Against FedEx After an Accident?
You may begin a lawsuit for a FedEx truck accident by contacting an attorney who can help you gather the information you need to file a lawsuit. Your attorney should compile this information in a complaint that makes formal allegations against the truck driver and FedEx.
Can I Sue FedEx for an Accident if the Vehicle Driver is an Independent Contractor?
Possibly. If the truck driver is an independent contractor, FedEx may not be held vicariously liable because vicarious liability applies only to employees, not independent contractors. However, FedEx might still be directly liable for something like negligent entrustment or hiring if the driver was so unfit for the job that FedEx should not have hired them.
Can I File an Insurance Claim After an Accident with a FedEx Vehicle?
Yes. A FedEx truck accident is likely covered by auto insurance, and courts often prefer plaintiffs to exhaust their insurance options before filing lawsuits. You may file third-party claims with the driver’s liability insurance, and FedEx may also have insurance coverage that applies to the accident. Your attorney can help you file multiple claims if necessary and coordinate benefits to maximize coverage.
Contact Our Illinois Personal Injury Attorneys for Help After an Accident with FedEx
Ask our Evanston, IL truck accident lawyers for a free, private case review to start your lawsuit by calling the Rhatigan Law Offices at (312) 578-8502.
Related Posts