Federal Express, more commonly abbreviated to FedEx, delivers countless packages across the United States every day. FedEx is frequently employed to deliver valuable, high-priority packages from one place to another on a quick timetable. Unfortunately, FedEx drivers are no less prone to getting into accidents than any other driver. Additionally, since FedEx trucks are larger than most vehicles, the injuries the victims of these accidents receive can be quite serious and require extensive medical care.
If you were injured by a FedEx truck, you may be wondering if you can file a lawsuit against them. The answer is that you are absolutely able to file a lawsuit against FedEx in Maryland if they injured you.
If you need help with your FedEx accident case, call our Maryland truck accident lawyers from Rice, Murtha & Psoras at (410) 694-7291 to get a free case review.
Can I Sue FedEx if They Injured Me in an Accident in Maryland
There is nothing stopping you from suing FedEx if they are responsible for your injuries. The law allows plaintiffs to go after who has wronged them in court. In a civil lawsuit, the goal is not to punish the defendant but to have them get you back to where you were before they injured you. This will likely involve them paying you some kind of financial compensation but can also include other things like an apology if such things are ordered by the court.
One thing to remember when suing someone who has injured you is that you cannot wait forever to do it. There is a law called the statute of limitations that puts a limit on how long you have to sue someone for your injuries. In Maryland, most personal injury lawsuits need to be brought within three years of the injury happening under Md. Code, Cts. & Jud. Proc. Art., § 5-101. After that time, you will not be able to have a court hear your case, and you won’t be able to get any damages from FedEx or anyone else.
Is FedEx Part of the United States Government?
Because they are called Federal Express, some people may be led to believe that FedEx is a government program, and their drivers and other employees may in fact be Employees of the Federal government. Suing a government entity comes with all kinds of hurdles. For example, some government entities have something called “sovereign immunity,” meaning that they have to agree to be sued. Additionally, the statute of limitations in many states for suing the government is much shorter than for lawsuits concerning only private citizens.
Fortunately, Federal Express is not part of the United States Government despite the name of the company. FedEx is a private, for-profit company. They chose their name because they thought it made their service sound speedy and important, conveying that your cargo would be delivered quickly, safely, and securely. It has nothing to do with the federal government. Accordingly, you only need to follow the rules for suing a private entity when filing a lawsuit against FedEx in Maryland.
Causes of FedEx Truck Accidents in Maryland
In order to sue FedEx, or indeed any other party, in court, you need to have some sort of legal claim against them. When you sue someone, you are alleging that they were negligent and that their negligence led to your injuries. In order to prove that, you need to establish four “elements” or parts of negligence. These elements are duty, breach, causation, and injury. All of these are important to your case, but they are more of a matter for our Baltimore truck accident lawyers to deal with.
That being said, causation is often the most crucial element of any personal injury claim. If you cannot prove that FedEx caused your injuries, you cannot hold them liable, and you won’t be able to claim any damages. Below, we will go over some of the potential ways that FedEx could cause your injuries in a FedEx lawsuit.
Driver Negligence
One of the most likely reasons that FedEx could cause your injuries is that the driver of that particular truck was negligent. When driving, negligence can take many forms. Some common examples of driver negligence that any driver can get up to include speeding, running red lights, aggressively switching lanes, or not looking at the situation around them while making a turn or other driving maneuvers.
FedEx drivers, in particular, may be prone to speeding. FedEx has built its reputation on speedy, on-schedule deliveries. This reputation may pressure higher-ups to make FedEx drivers deliver packages at an unrealistic pace. The driver may then very well decide to speed in order to get the packages where they are going sooner rather than later. Such behavior can easily lead to an accident. For the same reasons, a FedEx driver may make reckless decisions in the name of trying to get packages delivered quicker. In doing this, they may not notice a pedestrian, oncoming vehicle, or other thing they need to avoid in order to not cause an accident.
Truck Defects
FedEx accidents could also be caused by a problem with the truck. These problems are called defects, and they could be from the design of the vehicle or because of improper manufacture or maintenance. In these instances, the driver may have very little to do with the accident. For example, the driver may have tried to hit the brakes in a totally normal and responsible way, but since they were installed incorrectly, the truck did not stop, and it hit you. In those cases, you will need to look for whoever was responsible for installing and maintaining the brakes, who may or may not be associated with FedEx.
Talk with Our Maryland FedEx Truck Accident Lawyers
Rice, Murtha & Psoras has Towson, MD truck accident lawyers ready to discuss your case for free when you call us at (410) 694-7291.