What to Do if I’m Injured in a FedEx Truck Accident?

FedEx has an impressive ground fleet, transporting deliveries to our door or hauling massive loads to their respective destinations. FedEx trucks are a sign of modern convenience, but their pervasive roadway presence also contributes to accidents. Accidents with FedEx trucks–or any truck–can be particularly serious, causing severe injuries and property damage.

Your physical, emotional, and financial losses following a FedEx accident warrant compensation, and an Atlanta truck accident lawyer from John Foy & Associates is here to help you fight for the substantial settlement you deserve. Our team has been fighting for injury victims and winning cases for 25 years. You can trust a Georgia FedEx truck accident lawyer from our team to put that winning experience into your case.

Federal Regulations Apply to FedEx

Owners and operators of commercial trucks, including FedEx trucks, must comply with extensive and specific safety regulations established by the Federal Motor Carrier Safety Administration (FMCSA) and Georgia truck company regulations. Large, loaded commercial trucks come with unique dangers and compliance with these regulations is essential for the safety of all who share the roads with these vehicles. 

Among other areas, regulations govern:

• Hours on duty and mandatory rest periods
• Inspection and maintenance
• Driver qualifications
• Truck parts and accessories 
• Use of electronic devices (texting is prohibited)
• Alcohol and drug consumption

All Georgia drivers owe others on the roads a duty of care, or a legal obligation, to act with ordinary diligence to preserve safety. When failure to fulfill this duty results in an accident, victims have the right to hold the negligent driver accountable. FedEx and other commercial drivers owe this duty plus compliance with all federal regulations, and any failures of compliance may make them liable for a subsequent accident and injuries.

Determining Liability in a FedEx Truck Accident

Determining liability is the foundation of a personal injury case. Under Georgia Code §51-12-4, injury victims can hold those liable for the accident accountable for paying damages. Of course, victims must prove liability to see their case come to a successful conclusion.

Proving liability involves showing the at-fault party owed the victim a duty of care (ordinary diligence) but breached that duty and, through that failure, caused the accident, leading to the victim’s measurable losses. Drivers can breach their duty of care by:

• Ignoring traffic laws
• Speeding
• Driving while distracted or under the influence
• Driving while fatigued
• Defying FMCSA regulations
• Committing any other unsafe driving behavior or failing to take proactive safety measures

However, FedEx drivers are not the only parties who owe this legal duty. Truck inspectors and mechanics, the Fed Ex higher-ups who hire drivers, all other drivers on the roads, and the government agencies responsible for keeping roads safe all bear the responsibility of ordinary diligence. Your FedEx truck accident lawyer in Georgia will examine the circumstances of your accident to identify the party–or parties–liable for your losses.

Complex Liability Issues

Accidents with FedEx trucks come with some liability complexities. FedEx truck operators may be company employees or working as independent contractors. These different status categories affect liability.

If a FedEx employee causes an accident, the company would likely hold some liability, and you would file a lawsuit against the trucking company. However, if an independent contractor causes the event, liability may fall on the driver or the company. Since no party typically volunteers to accept liability, you can see how finger-pointing could slow down your case’s progress.

The team at John Foy & Associates has experience with challenging cases like these. We are well-equipped and fully prepared to investigate every detail of the accident and apply the laws governing the driver’s, company’s, and any other party’s responsibility to you. Count on us to get to the truth of the matter and fight for your deserved compensation.

Evidence Supporting Your Claim

Proving liability requires convincing, comprehensive evidence. Your Georgia FedEx truck accident attorney knows what evidence you need and how to access it, but you can also help with the evidence-gathering process right at the accident scene, provided you are not too injured to move without causing further damage. If that is the case, stay still until emergency care arrives–otherwise:

• Take pictures and video evidence of the accident scene. Capture the overall environment, including road conditions, the presence of traffic or security cameras, the vehicles involved, your injuries, and any other potentially helpful information.
• Get the driver’s contact and insurance information, as well as information about the truck. Take photos of the driver’s license, the truck plates, and any other identifying details.
• Speak to witnesses and document their contact information. Ask them to share any photo or video evidence with you.
• Call law enforcement to the scene.

Do not talk about the accident or your injuries with other involved parties. Unfortunately, even comments offered innocently can be used against you later–turned into admissions of fault or used as evidence that you were not actually hurt. Later, you can provide your attorney with this helpful evidence.

After Leaving the Scene

You must get prompt medical care after your accident. The pain or other serious effects of some injuries can take time to appear–often, the shock of an accident masks symptoms. Protect your health with fast diagnosis and treatment, and protect your case by having those injuries documented by a medical professional.

Then, connect with a FedEx truck accident attorney in Georgia, and your attorney will handle your case from this point on. Along with handling conversations with the relevant insurance companies, your lawyer will do an exhaustive evidence search to build your case. Additional evidence may come from:

• Truck accident reconstruction experts
• Medical professionals–your team and other experts
• Data from the FedEx truck’s “black box” 
• Police accident reports
• Witness testimony
• Your caregivers
• Other relevant experts, depending on the cause of the accident

By partnering with us quickly after your accident, you give us time to investigate and build your case while still filing your personal injury claim within Georgia’s two-year statute of limitations, as established in Georgia Code §9-3-33. You also protect your case. By allowing us to speak for you, you remove the risk of “saying the wrong thing” or accepting settlement offers presented as generous but actually far lower than what you deserve. 

Our Dedicated Team Is Here for You

The entire John Foy & Associates team–attorneys, investigators, and legal assistants–is ready to take up your fight for justice and compensation. See the difference our legal experience and dedication to clients make as we work to bring your case to a positive resolution.