Have you recently been involved in an accident with a FedEx truck in Florida?
Auto accidents can be stressful, and the aftermath often leaves you with more questions than answers. You're probably feeling overwhelmed, confused, and unsure about your next steps.
Don't worry – the accident attorneys at Workman Injury Law are here to help.
In this post, we’ll break down everything you need to know about pursuing a personal injury claim after being hit by a FedEx driver. If you have more questions, fill out our online form to connect with our accident attorney today.
The short answer is yes, you can potentially sue if a FedEx driver hits you in Florida.
But it's not quite that simple. Florida has what we call a "no-fault" insurance system, which means that in minor accidents, your own Personal Injury Protection (PIP) insurance typically covers your medical expenses and lost wages, regardless of who caused the accident.
But don't worry, that doesn't mean you're out of options if your injuries are more serious.
If your injuries are severe or if your damages exceed your PIP coverage limits, you may have grounds to step outside this no-fault system and pursue a lawsuit.
So if you sue a FedEx driver depends on the severity of your situation and being able to prove that the FedEx driver was negligent. Our accident lawyers at Workman Injury Law could help you determine the viability of your case.
When a FedEx driver gets into a crash, it’s not just the driver who could be liable.
FedEx can also be held responsible due to a legal doctrine called vicarious liability, which means employers can be held responsible for the actions of their employees while they're on the job.
So, if the driver was doing their job when the incident happened, both the truck driver and FedEx could potentially be sued for damages.
But there's a catch: some FedEx drivers are classified as independent contractors, which can make it challenging to hold FedEx responsible - but it’s not impossible. An experienced accident lawyer can figure out the driver’s status and how it affects your case.
If you've just been in an accident with a FedEx truck, here's what you should do immediately:
Immediately call 911 to report the incident.
When the police arrive, they'll create an accident report. This report is of monumental importance for your case. As an unbiased account of the incident taken by a responsible third party, it can document crucial evidence if you decide to pursue a claim later.
Be sure to give the officers accurate information, and don't forget to ask for a copy of the report for your records.
If you're able to do so safely, our accident lawyer recommends trying to gather as much evidence as you can at the scene.
Take lots of photos - of your vehicle, the FedEx truck, any visible injuries, and the surrounding area. Don't forget to snap pictures of things like road conditions and traffic signs too.
If there are any witnesses around, try to get their contact information. Their accounts of what happened could be valuable later on.
And of course, make sure you get the FedEx driver's details - their name, employee ID, and the truck's identification number.
Even if you feel okay, it's important to be evaluated by a medical professional as soon as possible. Some injuries, especially those involving soft tissue or internal organs, might not be obvious right away.
Getting prompt medical attention also creates a medical record that links your injuries to the crash. This documentation can be crucial when you're filing an insurance claim or lawsuit.
Also Read: Didn't See Doctor After Accident. Do I Still Have a Case?
Make sure you follow all your doctor's instructions and keep records of all your medical visits, prescriptions, and any expenses related to your treatment.
Our experienced accident lawyer at Workman Injury Law in Florida is here to support injured victims. We offer free consultations, so don't hesitate to reach out to us with your questions.
Our team can offer valuable insights on preserving evidence, dealing with insurance companies, and protecting your legal rights. They can also help you understand what your claim might be worth and make sure you don't accidentally say or do anything that could harm your case.
If you're going to sue FedEx or one of its drivers, you'll need to prove that the driver was negligent. This involves establishing four key elements:
Duty of care is a responsibility all drivers take on when they use public roads. Anyone behind the wheel, including FedEx drivers, have a legal obligation to operate their vehicles safely and follow traffic laws.
This duty also includes things like proper vehicle maintenance, following regulations about how long they can drive, and sticking to company safety rules.
An experienced accident attorney may argue that the FedEx driver, by operating on public roads, owed you duty of care, requiring them to drive in a manner consistent with public safety regulations.
Also Read: Police Report Put Me At Fault for the Car Accident
To prove a breach of duty of care, you'll need to show that the FedEx driver didn't meet the standard of care expected of a reasonable driver in similar circumstances.
This could mean showing that the driver was speeding, driving while distracted (like using a phone), breaking traffic laws, or driving recklessly.
Evidence like traffic camera footage, statements from witnesses, your police report, and expert analysis of the accident scene can all help establish this breach of duty.
Establishing causation requires you to show a direct link between the driver's negligent actions and your injuries or damages. An experienced accident attorney will attempt to demonstrate that your injuries wouldn't have happened if the driver hadn't been negligent.
Your medical records, testimony from accident reconstruction experts, and your own account of what happened could all help establish this link.
Finally, you'll need to prove that you suffered damages as a result of your auto collision.
This includes both economic damages (things with a clear dollar value, like medical bills and lost wages) and non-economic damages (things that are harder to put a price tag on, like pain and suffering).
If you're able to pursue a lawsuit against FedEx, you might be eligible to claim various types of damages. These can include:
In some cases, if the driver's conduct was particularly reckless or egregious, you might be able to claim punitive damages as well. Our accident attorney at Workman Injury Law could advise you on the types of damages you may be able to claim.
Also Read: Can I File a Case After a Minor Car Accident in Florida?
Let’s take a look at what actually happens when you decide to sue FedEx. The process can be intricate, and knowing what to expect can help you feel more prepared.
The process typically starts with your accident lawyer sending a demand letter to FedEx.
This letter outlines what happened in the incident, details your injuries, and states how much compensation you're seeking.
While this is happening, your attorney will be busy behind the scenes gathering evidence. They'll be collecting police reports, talking to witnesses, trying to get any video footage of the crash and maybe even consult with an accident reconstruction specialist.
If FedEx doesn't respond to the demand letter with a fair offer, your attorney will move forward with filing a formal lawsuit.
Your accident lawyer will prepare a document called a complaint. This document functions as a formal explanation of your case - what happened, how you were injured, why you believe FedEx or the driver was negligent, and what kind of compensation you're seeking.
Once this complaint is filed with the court, FedEx will be officially notified of the lawsuit and given a deadline to respond.
Even after a lawsuit is filed, negotiations often continue. Both sides will engage in a process called discovery, where they exchange information and evidence related to the case.
As more information comes to light during this process, there will be more settlement discussions.
Your attorney will keep you in the loop about any settlement offers and give you advice on whether they think it's a fair deal or if you should keep pushing for more.
Also Read: How Long Does It Take to Settle a Car Accident Case
It's worth noting that many cases are resolved at this stage without ever going to trial.
If a settlement can't be reached, your case will proceed to trial. Your accident attorney will prepare by organizing all the evidence, getting witnesses ready, and developing a strong legal strategy.
During the trial, both sides will present their cases to a judge or jury.
After hearing all the evidence, the judge or jury will make a decision on whether FedEx is liable and, if so, how much compensation you should receive.
Trials can be lengthy and the outcome can be unpredictable. That's one reason why many cases settle before reaching this stage. But if FedEx isn't offering a fair settlement, going to trial might be necessary to get the compensation you deserve.
You might be wondering, "Do I really need an attorney for this? Can't I handle it on my own?"
While it's certainly possible to pursue a claim without legal representation, hiring an auto accident attorney can make a big difference.
Large corporations like FedEx have teams of lawyers and insurance adjusters whose job it is to minimize the amount they have to pay out in claims. Having someone experienced on your side can level the playing field.
An experienced attorney will manage negotiations and counter their tactics, plus they'll make sure all necessary evidence is gathered properly. They can also help you understand the full value of your claim, including future medical costs and pain and suffering.
Working with a lawyer also lets you focus on your recovery instead of getting overwhelmed by legal issues.
If you've been hit by a FedEx driver in Florida, you may have the right to sue for damages, depending on the circumstances of your accident and the severity of your injuries.
Let the dedicated accident lawyer at Workman Injury Law take this complex process off your hands. We’re proud to support Florida victims through their cases. Contact us today for a free consultation to get the process started.
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