The United Parcel Service, more commonly known as and called UPS, is used by people and companies all across the United States to get packages where they need to go. Most of the time, UPS does an excellent job of getting these packages where they need to be promptly and without a hitch. However, the unfortunate reality of the world means that sooner or later, accidents involving UPS trucks will happen. Since UPS trucks are much larger and heavier than most privately owned motor vehicles, not to mention a pedestrian, injuries from a UPS truck accident are likely to be incredibly grievous and require extensive medical care. That care does not come cheap, and victims of UPS accidents may be wondering whether they can sue UPS to try and get some kind of financial compensation.
The answer is that you can sue UPS just like any other defendant you allege to be responsible for your injuries. However, you need to make sure that UPS is the party responsible for your injuries. Depending on the circumstances, there may be better targets for your lawsuit, even if you were hit by a UPS truck.
For a free analysis of your case, call our Maryland truck accident lawyers from Rice, Murtha & Psoras at the number (410) 694-7291.
Is UPS a Government Entity?
The name “United Parcel Service” may make some people think that UPS is somehow related to some kind of government program. This reputation may be in part due to UPS’s history of having a very strong relationship with the United States Postal Service or USPS. Accordingly, some people may be worried that they are trying to sue the government if they sue UPS.
The reality is that UPS is a private company, not a part of the government. Therefore, no special rules for suing the government will apply if you are suing UPS for your injuries. Our Baltimore truck accident lawyers will handle the case just as if it were any other private entity being sued.
Should You Sue UPS or Someone Else in Your UPS Accident Lawsuit
It may sound strange, but just because a UPS truck, van, or other vehicle hit you does not necessarily mean that the UPS driver should be the only target for your lawsuit. Indeed, it is true that, in most cases, it is a good idea to include a UPS driver in your UPS accident lawsuit. However, it is often also a good idea to sue UPS as a company, as well as any other parties that may have had a hand in causing the accident.
You will almost invariably want to include the driver of the vehicle that hit you in your UPS accident lawsuit. They are the individual most directly in control of the vehicle when the accident happens, after all. Drivers are at least partially responsible for your truck accident when they are negligent, or careless when behind the wheel. Common examples of negligence on the part of UPS drivers include speeding, not paying attention when pulling into or out of a delivery location, and ignoring traffic rules.
Suing UPS Itself
Unlike many companies that provide the delivery of packages as a service, UPS employs many of its delivery drivers. For the drivers themselves, this has many benefits over the competition. However, more relevant to you, the plaintiff, it allows their employer – UPS – to be brought into the lawsuit.
The law allows individuals to sue the employers of people who have wronged them so long as the employee was doing something work-related. The idea is that the employee, here, a driver, may not have the financial wherewithal to give you the compensation you need to be made whole by the court, even if you are successful in your lawsuit. This is called being “judgment proof.” Because there is a vested interest in not leaving plaintiffs in need of financial help out to dry, the court lets them sue the employer who is responsible for the negligent employee.
The requirement for this to work is that the employee must have been under the control of the employer and doing something related to work. For example, if a UPS driver stops at a rest stop on a highway and hits you on the way out of the rest stop, returning to the road, UPS will be responsible for the driver because they were doing something work-related. However, if that same driver hits you after doing something completely unrelated to their job of delivering packages, UPS will not be liable because those activities are not related to their job of delivering packages.
Maintenance and Loading Personnel
If the UPS truck breaking down contributed to your accident taking place, it may also be a good idea to bring the parties responsible for the truck’s upkeep into the lawsuit. When a problem with a truck causes an injury, that truck is considered “defective.” UPS trucks have a fairly consistent design, so any problem will likely have derived from some sort of manufacturing or maintenance problem. For example, if the brakes were installed incorrectly, the truck may not stop when it is supposed to, and you could get hurt.
Loading personnel could also be to blame for a UPS accident. UPS trucks hold a lot of weight, so if the truck is made to be too heavy on one side, it can cause an accident. Sometimes, the people who load the truck work for UPS directly, while in other instances they will be an independent third party.
Talk with Our Maryland UPS Accident Lawyers Today
For a free analysis of your case and situation, call Rice, Murtha & Psoras’s Ocean City, MD accident lawyers today at (410) 694-7291.