Most drivers have seen big brown UPS trucks on the road, but many drivers underestimate how dangerous these large vehicles can be. If the UPS driver is negligent, they can cause severe accidents and painful injuries. If you are hurt in a crash with a UPS truck, an attorney can help you sue for your damages.
It may feel daunting to go up against a large company, and you should hire an experienced lawyer to help you. UPS may be held vicariously liable for its employee’s negligent behavior, even if UPS did not do anything wrong. UPS may instead be held directly liable if something the company did or failed to do directly contributed to the accident. Your lawyer can help you review the facts and evidence of the accident to determine the best way to approach your case.
Get a free, confidential legal review by calling our Chicago truck accident lawyers with the Rhatigan Law Offices at (312) 578-8502.
How Can I Sue UPS After a Truck Accident in Illinois?
Suing UPS for an accident with one of its delivery trucks can help you get the full extent of your damages covered, especially if insurance is denied or insufficient. How we can hold UPS responsible will vary depending on the circumstances of the accident.
Vicarious Liability
Under the legal theory of respondeat superior, an employer may be held vicariously liable for injuries and damages caused by an employee’s negligence. The key is that the employee’s negligence must have occurred within the normal scope of their job duties. Employers are usually not vicariously liable for an employee’s intentional acts of harm or criminal conduct.
If the accident happened because the UPS driver was negligent in performing their duties while driving, the company UPS may be held responsible.
Negligent Hiring or Entrustment
UPS may instead be held directly liable for an accident if the accident occurred because the company hired the driver despite the driver being unfit for the job. This is often referred to as negligent hiring or negligent entrustment and may apply in cases where vicarious liability does not.
For example, if the driver experienced a bout of road rage and intentionally caused the accident, UPS probably cannot be held vicariously liable because the driver intentionally committed a crime. However, if UPS conducted a background check and knew the driver had a history of road rage incidents but hired them anyway, UPS may be directly liable for negligent hiring.
Lack of Training or Supervision
UPS may also be held directly liable for an accident if the company failed to properly train the driver, creating a serious safety risk on the road. Driving large trucks is not like driving an ordinary car. Even when drivers have a CDL, they may need additional training and safety instructions for specific vehicles, such as UPS trucks.
If our Cicero, IL truck accident lawyers can prove that the driver was not properly trained or received inadequate training, we may be able to hold UPS liable for the accident.
How Can I Prove My Claims in a Lawsuit for a UPS Truck Accident?
We must have evidence to prove your claims in court. Evidence may come from almost anywhere, and it may be unique to each situation, making it somewhat unpredictable. Below are some common examples of evidence in truck accident cases that we might use to sue UPS for your accident.
Photos and Videos from the Accident
After auto accidents, people often take photos of the crash while waiting for help. These photos can be used in an insurance claim or a lawsuit as evidence of damage to your vehicle. Your photos may also preserve crucial details about the accident, like the placement of the vehicles on the road, weather conditions, and the people present.
Since the accident scene will likely be cleared away quickly, your photos might preserve information and evidence that would otherwise be lost.
UPS Records
We can request copies of UPS business records relating to the truck and driver involved in your accident during the discovery phase of the trial. These records may show whether the driver has a history of reckless driving, what training they received, and whether UPS directly contributed to the accident.
During discovery, we can ask the court to compel UPS to produce these documents, but we must be able to show that the records are relevant to the case.
Witness Testimony
After the accident, you should exchange information, including contract details, with others involved. Of course, this includes the UPS driver, but you should also speak to other drivers who were involved in the accident or who were driving behind you when it happened.
Other drivers might have observed the accident happening and be able to testify about what they saw. This kind of testimony is often important, especially if you’re unsure how the accident occurred. Many victims remember very little about accidents, as they tend to happen quickly.
FAQs About Suing for a UPS Truck Accident in Illinois
Can I Sue UPS After an Accident with a UPS Truck?
Yes. If an employee of UPS, such as a truck driver, negligently causes an accident, UPS may be held vicariously liable. Additionally, UPS may be held directly liable if its failure to provide proper training or to screen the driver before hiring them caused the accident.
Should I File an Insurance Claim After a US Truck Collision?
Yes. Auto accidents, including UPS truck crashes, may be covered by insurance. You can file third-party claims with the UPS driver’s liability coverage, and UPS may have additional insurance to cover your damages. Your attorney can help you coordinate benefits from multiple claims to maximize your compensation.
How Do I Begin a Lawsuit for a UPS Truck Crash?
You may begin your lawsuit by speaking to an attorney about the accident. They can review the accident details to help determine how it happened and who should be held responsible. Your lawyer can then help you gather evidence and file a formal complaint against UPS in civil court.
What Are My Claims in a UPS Truck Accident Lawsuit Worth?
Your claims may be worth substantial compensation, depending on the severity of your injuries and losses. Medical bills, property damage, and lost income from being too injured to continue working may add up to enormous costs. You should also be compensated for any pain and suffering you endured. Many plaintiffs claim tens of thousands of dollars in damages. In severe cases, plaintiffs may claim over six figures in damages.
When Should I Begin a Lawsuit for a UPS Truck Accident?
Claims for injuries from a UPS truck accident are governed by the statute of limitations for personal injuries. In Illinois, plaintiffs must file such claims within 2 years of the accident. If you do not file your case within this time, you may be unable to file it at all, barring special circumstances.
Ask Our Illinois Truck Accident Attorneys for Help with Your Claims
Get a free, confidential legal review by calling our Des Plaines, IL truck accident lawyers with the Rhatigan Law Offices at (312) 578-8502.
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