The significant growth of online shopping is indicating an increase in delivery vans on California roads, especially with FedEx trucks frequenting our streets. This process is essential to the modern economy as more individuals and suppliers seek to meet delivery schedules. On the other hand, the rush to meet tight deadlines has been noted to increase the risk of accidents. In the event of such an unfortunate incident, pursuing compensation highly depends on your ability to prove negligence. Consulting a FedEx truck accident lawyer can significantly improve your chances of building a strong case. This article provides practical knowledge you need to know to stand for your rights after a possible accident involving a FedEx truck.
What is Negligence?
Understanding negligence plays a significant role when making any legal claim. Under the California state law, we define it as an act or failure to act rightly in the event you owe a duty of care to someone else. This failure to care or act unreasonably when managing personnel or property, increases the risk of causing someone else injuries.
Proving Negligence
A successful claim after experiencing a FedEx truck accident dictates that you must prove four key elements. These elements include:
Duty of care
FedEx drivers should prevent harm to other road users including drivers as well as pedestrians. The corporation has a duty to ensure all its drivers are professionally vetted, trained in addition to ensuring that their vehicles are well maintained and serviced on a regular. All FedEx drivers have a legal obligation to themselves and others drive safely. It is also important to note that the duty to care also applies to independent contractors when outsourced to drive for FedEx.
Breach of duty
Should the company or its drivers fail to meet the standards of duty to care that means that they would be in breach of duty? In FedEx vehicle accident cases, a breach of duty represents itself in various forms. In reference to drivers, breach of duty may include speeding and other related traffic laws, distracted driving (cell phone use or eating when driving), exceeding the provided or allowed driving hours, as well as operating under the influence (alcohol or drugs).
In reference to the company, a breach is likely to occur in the case of negligent hiring practices, poor or inadequate supervision, as well as failing to ensure regular vehicle maintenance. The victim has to demonstrate, using the above evidence, that a breach occurred.
Causation
There must be a link between the unfortunate incident and the breach of duty. This process proves that the negligent act directly caused the victim harm. This means that if not for the negligent actions of the drier or company, no harm would have occurred be it to the property or to you.
Damages sustained
Finally, you need to provide proof of the actual harm caused by the negligent behavior. Simply stating it will not be accepted in a court of law. Damages can be economic medical bills, lost wages, or cost of repair and/or non-economic pain and suffering or emotional distress. In addition, you must involve professionals who will provide reliable and professional evidence.
Top Considerations when Filing a Negligence Lawsuit
When you are considering filing such a lawsuit in California, the following important factors come into play:
Probable Defenses against a Suit
FedEx truck accident lawsuits in California have a unique consideration due to the fact that many of its drivers are independent contractors as opposed to being direct employees. This factor complicates things especially when proving vicarious liability. The question remains, is it FedEx or the contracted company that takes responsibility. Under such circumstances, the courts will examine the FedEx’s level of control over the driver’s schedule and work to determine who is liable.
Evidence Needed to Prove Negligence
Victims are encouraged to report accidents to the police as soon as possible as well as receive medical attention immediately. A police report which will include witness statements as well as medical bills will play a major role in serving as acceptable legal evidence. The inclusion of expert witnesses to prove causation also plays a major role.
As an added advantage, FedEx vehicles are often installed with electronic mobile communication (EMC) systems that serve the purpose of recording data such as speed which provide valuable evidence. At BigBen, we go the extra mile to ensure that you get the best legal representation.
Pure Comparative Negligence
California uses pure comparative negligence meaning that the courts will offer compensation according to how you prove liability. In this, you will receive less compensation in the event it is proven that you are partially at fault during the unfortunate incident. Therefore, you share liability with the company or its driver.
Statutory Timelines
You do not have all the time to file your suit and you must work within the provided time limit. More importantly, the sooner you file your lawsuit, the better it is for your case because the evidence gathered is still fresh and easily usable in court. Once the time limit is surpassed, you lose your right to pursue a possible claim.
It is therefore, important to have an experienced Fedex truck accident attorney who guides you through the entire process as well as makes sure that everything is completed on time and in the right manner. Lucky for you, Big Ben lawyers offer have built a reputation for winning many such claims and cases.
The Role of a California FedEx Truck Accident Lawyer
Proving negligence against a massive entity such as FedEx in California is not a simple task due to its complexity. A specialized truck accident attorney plays a crucial role in such cases by assisting you to conduct thorough investigations and preserving vital evidence including relevant reports.
Frequently Asked Questions (FAQs)
Q: How do I prove negligence?
A: First, show that there exists a duty to care. Second, this duty to care has been breached and that this action contributed to the happening of the accident. Finally, the damages sustained as a result of the accident must be evident.
Q: I was involved in an accident with a FedEx truck a few years ago but backed away because I did not know where to start. Can I make a claim today?
A: The law provides a time limit in which a suit can be filed depending on a number of factors. it is therefore, important that you contact and consult a competent attorney who will advise you and take on your case.
Q: What category of evidence is crucial and valuable in proving negligence?
A: The crucial types of evidence to collect will include but are not limited to:
- Police reports
- Witness statements
- Relevant images and/or videos
- FedEx driver’s information as well as vehicle details
- FedEx internal safety records, which is often obtained through legal discovery
- FedEx truck “black box” data
Q: What do I need to prove that I have suffered harm from negligence?
A: Merely speaking of harm caused without being able to back up this theory will not take your claim far. You need to at least attach the following:
- Medical records and bills
- Lost wages documentation
- Repair bills to damaged property
- Expert testimony
Conclusion
In California, proving negligence in a FedEx truck accident can be complex therefore pushing for the above with the help of a licensed, professional and qualified attorney. Due to the complexity of FedEx’s delivery systems with the use of independent contractors, serving a claim as an individual can be overwhelming. It is therefore highly recommended that you consult with a Big Ben lawyers on your FedEx vehicle crash.
References:
FindLaw. (2022). California Negligence Laws. https://www.findlaw.com/state/california-law/california-negligence-laws.html
California Legislative Information. (1988). Civil Code – CIV: Obligations Imposed By Law. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1714.