According to freightcaviar.com, in 2023 UPS holds the number one spot in trucking company revenues across the United States, with more than $100.3 billion in annual revenues (FedEx is second with $92.61 billion in annual revenues. UPS has approximately 536,000 employees across the United States and approximately 125,000 trucks. UPS has major operating hubs in Cincinnati and Louisville and is a major trucking operation in southern Ohio. While UPS generally has safe, reliable drivers, this is not always the case. UPS truck accidents can and do occur, and when you are the injured party, you may be feeling overwhelmed.
Because all UPS drivers are on a tight schedule, in some cases, a driver may find ways to cut corners. When a UPS driver is involved in a trucking collision, a special response team will be dispatched by the company to quickly arrive at the scene of the accident. The goal is, of course, to protect the company’s interests. If you have been involved in a collision with a UPS driver whose negligence caused the accident, you need an experienced UPS truck accident attorney who can immediately begin protecting your interests and your future.
Is it Really an Employee of UPS that Caused Your UPS Truck Accident?
While most UPS freight is hauled by company employees in tractor units owned by UPS, this is not always the case. A tractor may have “UPS” on the truck but may be owned and operated by a contract driver for the company. So, while the freight is certainly UPS freight, the trailer could be owned by UPS, but the tractor could be owned by a self-employed contractor. This can make filing a claim for your UPS truck accident even more complex than a “typical” truck accident might be.
Truck accidents are already more complex in that there can be multiple liable parties. The truck driver, the trucking company, the maintenance company, the loading company, and even the manufacturer of a defective truck part could bear some liability for a truck accident. If your UPS truck accident involves a self-employed contractor who owns the tractor, your claim becomes exponentially more difficult as another party has been added as a potentially liable party.
It is imperative that you have a highly experienced semi-truck accident attorney from Kruger & Hodges by your side to ensure all liable parties are held accountable for your injuries. Having an attorney who fully understands the different responsibilities of each responsible insured party is crucial for a full and fair settlement.
How Black Boxes on UPS Trucks Are Accessed
Most late-model vehicles and commercial trucks today are outfitted with electronic crash recorders. These are often abbreviated as “ECR” or “EDR.” These so-called “black boxes” are installed in the vehicle for the purpose of monitoring data in the event of a crash. There are limitations to the type and use of data obtained. Data is downloaded from the vehicle’s computer, and the data requires interpretation. In the hands of the layperson, this data may look like random numbers in a series of lines. This is why experienced truck accident lawyers work closely with forensic engineers and crash reconstruction investigators who have the specific training needed to interpret the data and make sense of the implications. For instance, certain data may indicate a rapid deceleration prior to impact, strongly suggesting that the person did not use the brakes but rather stopped due to the impact.
What is UPS Company Policy Regarding Truck Accidents?
UPS is a union workforce. In most parts of the country, company drivers are union members who are subject to strict DOT regulations and company policies that restrict the hours and routes drivers can work. If injured by a UPS driver, you need to work with the right type of attorney. Preferably, you should speak to an attorney who can obtain UPS internal rules and policies and use those to prove the careless or reckless disregard of the driver who caused the accident. At Kruger & Hodges, consultations are always free. Contact us to discuss the injuries from your UPS truck accident and learn more about your right to compensation.
Whether your accident was with a UPS box truck or a UPS semi-truck, your injuries may be severe. Having a strong truck accident attorney from Kruger & Hodges who can accurately assess your damages can make the difference in a settlement that fails to cover all your damages and a full settlement. Typical damages following UPS truck accidents include:
Medical expenses are considered economic damages because they have specific dollar amounts attached to them. Medical expenses include the cost of an ambulance, hospital expenses, surgical costs, physician expenses, the cost of prescription drugs, and all costs associated with rehabilitative therapies and assistive devices.
Lost wages and lost future wages are also considered economic damages. Perhaps your injuries prevented you from returning to work for a few weeks, even a couple of months. If so, you are entitled to collect lost wages for the money you would have earned during that time if you had not been injured as a result of the negligence of another person or entity. Lost future wages are available when your injuries are so severe that you may not be able to return to work for many months, years, or ever. Lost future wages are calculated according to your age, your education, your specific job, and the likelihood that you will advance in your career.
Pain and suffering damages are considered non-economic damages because they are much more subjective and more difficult to quantify. Pain and suffering damages include actual physical pain as well as emotional pain and trauma. When truck accident victim suffers severe depression, anxiety, PTSD, or other emotional issues that prevent them from living their normal lives, they are entitled to pain and suffering damages. Pain and suffering damages also encompass loss of enjoyment of life, loss of consortium for spouses, and loss of care and guidance for children of a truck accident victim.
Punitive damages are rare—usually only awarded in cases where the liable party exhibited malice or intended harm. Punitive damages are meant to punish the liable party as well as deter others from similar conduct.
What is the Commercial Trucking Accident Claim Process?
Your Kruger & Hodges attorney will first conduct a comprehensive investigation of your UPS truck accident. This will include your account of the accident, along with witness statements, video of the accident if available, the police report, and photographs of the accident scene. Your attorney will definitively prove that the accident was not your fault, which is always the first step in obtaining an equitable settlement. An experienced Kruger & Hodges attorney will then carefully calculate your damages. Your attorney may speak to your doctors to determine how long you will need treatment for your injuries, along with calculating all your current medical expenses.
Lost wages will be calculated, and then the extent to which your injuries have altered your life will be looked at to determine pain and suffering damages. Once damages are calculated, your attorney will submit a demand letter to the insurance companies of the liable party or parties. Negotiations will take place and if the insurers refuse to pay a fair settlement that fully covers your damages, your attorney will file a lawsuit against the insurer, litigating your case in court.
How Do I Choose the Best UPS Truck Accident Lawyer for My Claim?
Selecting the right attorney is crucial in the aftermath of a UPS truck accident. Your decision holds substantial weight, as skilled legal representation is highly regarded by insurance companies.
When searching for a suitable personal injury lawyer for your UPS truck accident case, take into account the following vital aspects:
Expertise: Opt for an attorney experienced in handling cases related to semi-truck accidents.
Reputation: Research online reviews and gather referrals from reliable sources.
Engagement: Choose a lawyer who emphasizes clear communication and remains accessible for discussions.
Capability: Verify that the attorney possesses the necessary resources to navigate the complexities of your case.
Availability: Assess the lawyer’s responsiveness and flexibility to cater to your needs.
Payment Structure: Inquire about the attorney’s fee structure and potential additional expenses.
Choosing the best UPS truck accident lawyer can feel like an overwhelming task at a time when you are struggling with your injuries, perhaps unable to work and make a living. The Kruger & Hodges attorneys understand that life can throw you a curveball when you least expect it. When the worst-case scenario becomes a reality, having an attorney who will fight for you, your family, and your future is critical. You can place your trust in the Kruger & Hodges attorneys who have built a compassionate, experienced law practice committed to pursuing justice for our Hamilton neighbors, and those in the surrounding Ohio areas. Should your case go to trial, our attorneys have extensive courtroom experience as well as a solid history with other attorneys, judges, and court staff who will be handling your case. Contact Kruger & Hodges today.
