FedEx Truck Accidents
Chicago Lawyers Representing Victims of Vehicle Collisions
FedEx began its operations several decades ago. Today it employs more than 140,000 workers around the world, and FedEx trucks drive millions of miles on roads every day. Many customers depend on FedEx deliveries to arrive on time, particularly those using the service for business. While FedEx drivers are supposed to avoid unsafe situations and follow certain safety rules, they may get into accidents. If you were injured in a FedEx truck accident you may be able to recover damages by suing both the driver and possibly the parent company. The Chicago truck accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca are experienced in representing injured victims and helping them to assert their rights.
FedEx Truck Accidents
FedEx accidents can be caused by driver errors, but sometimes they are caused by forces that may have been outside a driver’s control such as poor weather, bad roads, improperly secured cargo, or a mechanical malfunction. Driver errors might include speeding, backing up the truck without care, failing to yield in mergers, failing to set a truck’s parking brakes, failure to follow traffic laws, driving under the influence, driving while fatigued, inadequate training, and failure to conduct repairs or safety checks. There are huge differences between delivery trucks and passenger cars, such that the delivery driver may walk away unscathed after an accident.
Proving Negligence
If you are injured in a FedEx truck accident, you may be able to recover damages by proving the driver’s negligence. You’ll need to show: (1) the truck driver owed you a duty of care, (2) breach of duty, (3) actual or proximate causation, and (4) damages. For example, if a FedEx driver missed a driveway and backed up quickly without checking to make sure there was nobody behind him, and the result was an injury to you, the jury could find that there was negligence.
However, many defendant drivers are likely to argue that there was comparative negligence. Under the doctrine of comparative negligence, the jury must review all the evidence and assign a percentage of fault to both parties. The plaintiff’s damages will be reduced by an amount equal to his degree of fault. For example, if the damages are $100,000 and the plaintiff is 25% at fault and the defendant is 75% at fault, the plaintiff may be able to recover $75,000 from the defendant. It may be possible to hold FedEx vicariously liable for a driver’s negligence if the driver is an employee and not an independent contractor.
Available Damages
Damages in a delivery truck accident suit may include economic and noneconomic items of loss. Economic items of loss include wage loss, medical costs, replacement services, and out-of-pocket costs. Noneconomic items of loss can include pain and suffering, loss of enjoyment, mental anguish, and loss of consortium. These are subjective losses that can vary dramatically depending on the presentation of the attorney who represents you and jury members’ sense of what kind of intangible harms might naturally arise from the types of injuries you have and how they should be quantified.
Truck Accident Attorneys Serving Chicago Residents
FedEx collisions can seriously harm unsuspecting bystanders and those in passenger cars. If you have been hurt in a FedEx truck accident in Chicago, the experienced personal injury lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca may be able to help. We represent accident victims in communities including Champaign, Quincy, Rockford, Aurora, and Springfield, as well as Cook, Sangamon, Adams, Champaign, Winnebago, and Kane Counties. Please call us at 312-724-5846 for a free consultation.