An accident with a UPS truck could result in serious, if not fatal, injuries. UPS operates 18-wheeler semi-trucks and large delivery vehicles. You could be left with medical bills, ongoing medical expenses, lost wages, and damage to your vehicle. Additionally, UPS truck accidents where your loved one dies can leave you with financial uncertainty.
When you are injured in an accident with a UPS truck, our Tampa truck accident attorneys are here to help. We work on your behalf to ensure you receive the compensation you deserve. We offer a free consultation and case evaluation to discuss your accident. We will explain your legal rights and how our attorneys can assist in ensuring you get the support and help you need.
UPS is required to report accidents when they occur in their appropriate state. These accidents are further shared with the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA tracks reportable crash data and makes it available publically.
Each report shows data for the prior 24 months. As of January 24, 2023, FMCSA reported a total of 2,888 UPS truck crashes, with 1,032 injuries and 67 fatalities. So, annually, this would average 1,444 total crashes, with 516 injuries and 34 fatalities.
UPS drivers are considered an agent of UPS. Therefore, they must provide a duty of care under normal circumstances. When driving, they assume this duty of care to drive their truck safely to avoid causing accidents and injuries to others.
When a UPS truck driver operates a truck or acts in such a manner that will cause an accident and personal injuries, they can be held accountable for failing to provide a duty of care. As a result, UPS will be held accountable for being the responsible party in most cases.
Some common examples of UPS driver negligence can include the following:
It is crucial that you call the police to report the accident. You should also seek medical care, even when injuries seem minor. There could be internal injuries that could become life-threatening if left untreated.
It can be beneficial to take pictures of the accident scene and collect the witnesses’ contact details. However, if you are seriously injured, do not worry about this. Your health and well-being are more important.
After receiving medical treatment, you will want to consult with a UPS truck injury attorney. Insurance companies will be getting involved. Not only do you have to file with your insurance company, but you also have to file a claim against UPS’s insurance company. The last thing you want to do is go up against UPS, their insurance company, and attorneys without your own legal representation.
Before filing an injury claim, you must have sufficient evidence to demonstrate that the driver was negligent and responsible for the accident and your personal injuries. Gathering this information on your own can be a challenge.
When you get help from our Tampa UPS truck accident attorneys, we will be with you every step of the way. We take care of gathering the evidence you need to file your UPS claim, including:
Once we have sufficient evidence, we will speak to the insurance companies on your behalf and file your injury claim. Next, we prepare a settlement offer and file it with UPS’s insurance company.
Their insurance company will often respond with a very low counteroffer. However, settlement negotiations will continue until a suitable settlement can be reached — or if one cannot be reached.
Throughout this process, you will clearly understand how much compensation your claim is worth. We will also provide honest advice about when you may want to consider the offer.
If a settlement is not reached, the next step is to prepare and file legal documents to sue UPS in court. Our UPS truck accident attorneys have extensive knowledge of Florida vehicle accident laws to ensure your lawsuit is filed correctly with the court.
Next, we set about gathering additional evidence to support your claim further. We will continue to attempt to settle even when going to trial. UPS’s insurance company will frequently settle before the first day of the trial. However, we will present your case aggressively to the court if they do not.
UPS insures its vehicles and drivers through Liberty Mutual. They have used this insurance company for a very long time. As a result, Liberty Mutual does not want to pay out huge settlements because they want to keep UPS’s premiums as profits.
If you were to attempt to negotiate your own settlement, you would get the lowest possible payment. Liberty Mutual would not make any effort to raise the amount.
They will even try to convince you that you are getting the maximum amount. Their adjusters are also skilled at asking questions that can make it appear as though you were partially or fully at fault for the accident, not the UPS driver.
Sadly, we have seen people who have settled their injury claims later find out they were entitled to a much more significant settlement. While our attorneys work on a contingency basis and will collect a percentage of your payment for our legal fees, the amount you receive is always much more than you would have negotiated on your own.
Furthermore, using our accident attorneys costs nothing upfront. If we cannot reach a settlement or win at trial, you owe us nothing.
Your injury claim can include the following:
If your loved one died due to their injuries, you can claim funeral expenses and lost future wages. In addition, your claim may be eligible for non-economic damages when you have a qualifying third-party claim.
Florida’s no-fault law is applied to all vehicle accidents, including when you are hit by a UPS truck. Initially, your injury claim will be filed through your own insurance company. Even though you must do this, it is possible to still file a third-party claim against UPS and their insurance company when you are seriously or permanently injured, or if death occurs.
UPS is a huge corporation with worldwide operations. When one of their drivers is involved in an accident, the last thing they want is negative publicity. In addition, juries have the tendency to make an example of the negligent party when big corporations are involved.
Therefore, UPS would not want to risk potential punitive damages on top of the other compensation they would owe when a jury finds in favor of the plaintiff. As a result, UPS is more likely to instruct Liberty Mutual to settle your claim and avoid court.
If you have further questions about UPS truck accident injury claims, schedule a free consultation with Jack Berstein, Injury Attorneys, to speak to one of our UPS truck accident attorneys today. Our Tampa legal team is happy to answer all of your questions and help ensure you get the compensation you deserve.
United Parcel Service, Inc. (2023).
FLA. STAT. § 627.737. (2021).
Liberto, D. (2022). What Are Punitive Damages? Purpose, Cap, Calculation, and Example.