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 accidents than other drivers.
You may be able to sue FedEx for your injuries, depending on how the accident occurred. Because FedEx trucks are larger than most vehicles, injuries sustained in these accidents 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 can 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 Law at (410) 694-7291 to get a free case review.
Can You Sue FedEx if They Injured You in an Accident in Maryland
FedEx is one of the largest delivery services in the country, and FedEx vehicles can be seen on the road almost every day. If an accident occurs, injured drivers deserve compensation. It may be possible to sue FedEx for damages, but this depends on your specific circumstances.
Suing FedEx
There is nothing stopping you from suing FedEx if they are responsible for your injuries. The law allows plaintiffs to go after those who have wronged them in court. If our Maryland truck accident lawyers have evidence indicating FedEx’s involvement in the accident and their negligence, you should be able to sue them in civil court.
In a civil lawsuit, the goal is not to punish the defendant but to return plaintiffs to where they were before they were injured. This will likely involve them paying you some kind of financial compensation, but it can also include other things, like an apology, if such things are ordered by the court.
Employees vs. Independent Contractors
Before suing FedEx, we need to examine the driver of the FedEx vehicle. The driver of the FedEx vehicle may be directly responsible for the accident, and you can sue them in a civil lawsuit.
If the FedEx driver is responsible for the accident and they are an employee of FedEx, you may include FedEx in the lawsuit. An employer may be held vicariously liable for injuries caused by an employee’s negligence if that negligence occurred within the scope of the employee’s normal job duties.
However, some delivery drivers are not classified by FedEx as employees. Instead, they are classified or misclassified as independent contractors. The distinction here is important because FedEx cannot be held vicariously liable for the negligent acts of independent contractors, since they technically do not work for FedEx.
Before suing FedEx for an accident caused by one of its drivers, we need to prove that the driver is an employee or has been misclassified as an independent contractor and should be treated as an employee.
Employee Misclassification
As discussed above, employers are not vicariously liable for injuries caused by negligent independent contractors. Since FedEx claims that nearly all its drivers are independent contractors, one might think that FedEx cannot be held liable for an accident.
However, it is very possible that many FedEx drivers are misclassified as independent contractors and are really treated as FedEx employees. We may challenge this misclassification so that the driver is legally considered an employee, allowing us to sue FedEx for the accident.
Generally, an employee’s work, salary, and hours are controlled by an employer. An independent contractor may choose their own hours, set their own pay, and decide where and how to do their job. If the FedEx drivers are controlled by FedEx, they should be classified as employees, and our Maryland truck accident lawyers can argue that FedEx should be held vicariously liable for your accident in a lawsuit.
When to Sue FedEx After an Accident
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 sets a limit on how long you have to sue someone for your injuries.
In Maryland, most personal injury lawsuits must be brought within 3 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.
How Do You Begin a Lawsuit Against FedEx After an Accident?
Starting a lawsuit is far from simple or easy. You need to determine whom to include in the lawsuit, what evidence you need, and what damages you will claim. It is in your best interest to call an experienced attorney for help.
Contact a Lawyer
The average person likely does not know where to begin when filing a lawsuit. You cannot simply walk into court and begin a lawsuit against FedEx. There are strict legal procedures to follow, paperwork to file, and crucial documentation that must be maintained.
You should contact an attorney with experience in filing personal injury cases for help. They can help you determine who is responsible for your accident, how to collect evidence, and they can draft and file the paperwork and documentation needed to officially begin a lawsuit.
Determine Who Caused the Accident
To begin your lawsuit, we must determine who is responsible. The fact that a FedEx vehicle and driver are involved in the accident does not definitively prove that either party is responsible.
First, did the FedEx driver cause the accident or at least negligently contribute to it? To sue FedEx, the answer to this question must be yes. If the FedEx driver did nothing to contribute to the accident and someone else is to blame, you likely cannot sue FedEx.
This does not mean that you cannot sue for damages. It only means you probably cannot sue FedEx.
File a Complaint
Starting a lawsuit requires a formal legal complaint. The complaint is a document that must spell out all your allegations against the defendant. This includes, but might not be limited to, how the accident happened, who is involved, evidence of negligence, and information about your damages.
The complaint is often a lengthy document, and mistakes or vague details could put your entire claim at risk. If FedEx is included as a defendant, we must properly identify the company and explain why it should be held liable.
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 that its drivers and other employees may, in fact, be federal government employees.
Suing a government entity comes with all kinds of hurdles. For example, some government entities have something called “sovereign immunity,” meaning they must 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 company’s name. 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
To sue FedEx, or indeed any other party, in court, you need to have some legal claim against them. When you sue someone, you are alleging that they were negligent and that their negligence led to your injuries. To prove that, you need to establish four “elements” or parts of negligence.
Elements 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.
Duty is the defendant’s legal obligation. To sue the driver who caused the accident and, in turn, sue their employer, FedEx, we need to prove that the driver owed you a legal duty of care and safety.
In vehicle accident cases, all drivers have a legal duty to drive with reasonable safety under the circumstances while adhering to traffic laws. All drivers, including FedEx drivers, share this duty of care.
Breach is whatever the defendant did to violate their duty. In accident cases, this may mean the other driver violated the traffic code. It might instead mean they were driving in a generally dangerous or reckless manner. The breach will likely vary from case to case.
Causation refers to proof that the defendant’s breach of duty is the direct cause of the accident. 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.
Finally, you must prove your damages. You cannot sue FedEx for an injury that could have happened but did not. Many plaintiffs claim economic damages for accident-related costs, in addition to non-economic damages for injuries, including pain and suffering.
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 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 decide to speed 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 getting packages delivered more quickly. In doing so, they may not notice a pedestrian, an oncoming vehicle, or other hazards they need to avoid to prevent an accident.
Truck Defects
A problem with the truck could also cause FedEx accidents. These problems are called defects and may be due to the vehicle’s design or improper manufacturing 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 because they were installed incorrectly, the truck did not stop and 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.
FAQs About Suing FedEx for an Accident in Maryland
Can You Sue FedEx After an Accident with a FedEx Vehicle?
Possibly. If the Driver of the FedEx vehicle is a FedEx employee and is found to have directly caused the accident, you may include FedEx in your lawsuit. As the driver’s employer, FedEx may be held vicariously liable for injuries caused by the driver’s negligence.
Can You Sue FedEx for an Accident if the Driver is an Independent Contractor?
Maybe. If the driver of the FedEx vehicle who caused the accident is an independent contractor rather than a FedEx employee, FedEx may not be held vicariously liable. However, FedEx may misclassify many drivers as independent contractors when they are really treated as employees. If we can prove this misclassification, we may sue FedEx for the accident.
How Do You Prove Negligence in a Lawsuit for an Accident with a FedEx Vehicle?
Proving negligence requires proof of four crucial legal elements: duty, breach, causation, and damages. We must prove that the defendant (i.e., the FedEx driver) had a duty of care, breached this duty, that this breach directly caused the accident, and that you experienced damages.
How Long After an Accident with a FedEx Vehicle Can I File a Lawsuit?
If you want to file a lawsuit against FedEx for a vehicle accident in Maryland, you must do so within the time set by the statute of limitations for personal injury claims. Typically, plaintiffs have only 3 years from the date of the accident in which to file a lawsuit. If you miss this deadline, you may be barred from filing the case at all.
What Should You Do if FedEx Offers a Settlement for an Accident?
Settlements are common in civil lawsuits, especially against larger companies that have a lot to lose. While a settlement might be enough to cover your damages, you should not accept one without reviewing it with a lawyer. If you would rather take a settlement than pursue a trial, your attorney can help you negotiate for the best settlement possible.
How Do FedEx Vehicle Drivers Cause Accidents?
FedEx drivers are on the clock while they are driving, and they may be more likely to speed or drive recklessly if they are behind schedule. They may also be distracted if they must contact their employers about delivery issues or their delivery route. In some cases, plaintiffs do not know how the FedEx driver caused the accident until after the police investigate.
Talk with Our Maryland FedEx Truck Accident Lawyers
Rice Law has Towson, MD truck accident lawyers ready to discuss your case for free when you call us at (410) 694-7291.