The United Parcel Service, more commonly known as 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.
Victims of UPS accidents may be wondering whether they can sue UPS to try to get 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 Law 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.
How Do I Know if I Can Sue UPS After an Accident in Maryland?
The mere fact that a UPS truck is involved in an accident does not necessarily mean that the UPS driver or the UPS company is responsible. You may need to speak to an attorney and review the police report from the accident to determine whether UPS is implicated in your accident case.
How Did the Accident Occur?
Before you can sue UPS, we need to determine how the accident occurred. If the UPS driver is found to be directly responsible for the accident, you can sue them and UPS. However, this is not the case in every accident, and other drivers or factors might have caused the accident, and the UPS driver might be another victim.
When starting your case, we do not need definitive proof of the UPS driver’s negligence. We just need enough evidence to show that you have a valid cause of action against the driver and UPS.
Is the UPS Driver an Employee or an Independent Contractor?
Once we have some evidence indicating that the UPS driver is directly responsible for the accident, we need to determine whether they work for UPS. You might think this is obvious since the driver was behind the wheel of a UPS truck. However, some UPS drivers are employees, while others are independent contractors.
This is a crucial distinction, as an employer like UPS cannot be held vicariously liable for injuries caused by negligent independent contractors. They can only be held liable for injuries caused by negligent employees.
What Evidence is Available?
Even if we truly believe that the UPS driver caused the accident and that you should be able to sue UPS, it might not be possible without sufficient evidence.
Evidence is tricky because it is not the same in each case and is not always readily available. If no other drivers were around when the accident happened, you likely cannot rely on eyewitness testimony. Similarly, if the accident happened on a more remote road or highway, there might not be security camera footage or traffic camera footage.
The more limited our evidence, the harder it may be to sue UPS. If evidence is so lacking that we cannot establish a valid cause of action, you may be unable to sue UPS.
How Does an Accident with a UPS Vehicle Happen?
Accidents involving UPS vehicles can occur in various ways. How the accident happened is a crucial piece of your case, and we should review police reports and speak to investigators to determine what went wrong and whether the UPS driver and, by extension, UPS, is to blame.
Crashes and Collisions
Some accidents are full-on crashes or collisions. If the YUPS driver was in the opposite lane going in the opposite direction as you, they may have collided with your car or caused a head-on crash.
Not all rashes are so direct. It is also possible that a distracted UPS driver rear-ended you at a red light or stop sign. It is also possible that you were injured in a T-bone collision with a UPS vehicle in an intersection.
Turning and Blind Spots
UPS vehicles are often large vans or trucks, and they tend to have large blind spots. Drivers often cannot see anything behind them and rely on mirrors to see drivers in adjacent lanes.
Turning accidents are common, especially when large trucks or delivery vans are involved. A UPS driver might have made a turn without checking whether you were next to them, causing a crash.
Distractions
Distracted driving is a huge problem for all drivers, and it affects UPS drivers, too. UPS drivers might need to be in contact with their employers to discuss delivery issues or routes to take when making deliveries. If UPS drivers try to make these calls while driving, they are more likely to cause an accident because they are not focused on the road.
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 also often a good idea to sue UPS as a company, as well as any other parties who may have contributed to the accident.
Drivers
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 while behind the wheel. Common examples of negligence by UPS drivers include speeding, failing to pay attention when pulling in or out of a delivery location, and ignoring traffic rules.
Suing UPS Itself
Unlike many companies that provide package delivery 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 carry a lot of weight, so if they are loaded too heavily on one side, it can cause an accident. Sometimes, the people who load the truck work for UPS directly, while in other instances, they are independent third parties.
FAQs About Suing UPS After an Accident in Maryland
Am I Allowed to Sue UPS After an Accident?
Possibly, depending on how the accident happened. In many cases, injured accident victims may sue UPS if the driver who caused the accident is a UPS employee and was working at the time of the crash. It may be more difficult to sue UPS if the driver was an independent contractor rather than an employee.
When Can I Sue UPS After a Vehicle Accident in Maryland?
In Maryland, personal injury lawsuits, including those for accidents with UPS vehicles, must be filed no later than 3 years after the accident. If a plaintiff does not file their case on time, they may be barred from ever filing it, and they might never get financial compensation.
What Damages Can I Claim in a Lawsuit Against UPS After an Accident?
Damages may be unique in each case, but some common examples that you should discuss with our lawyer include medical bills, property damage, lost income from missing work, bodily pain, emotional distress, and any changes or reductions in your overall quality of life.
Do I Have to File an Insurance Claim Before Suing UPS for an Accident?
Maybe. Accidents with UPS vehicles are likely covered by auto insurance. You may file a third-party claim with the UPS driver’s liability insurance. If your claim is denied, the driver is uninsured, or their policy limit is not enough to cover all your damages, you should consider filing a lawsuit. UPS may have additional insurance coverage that might help you.
How Do I Gather Evidence to Sue UPS for an Accident in Maryland?
Evidence often comes from the scene of the accident, so it is a good idea to take photos and record video of the site while you wait for help. These recordings may preserve important details and evidence we can use in a lawsuit. We should also obtain copies of medical records related to your injuries. We may also request copies of certain records from UPS that pertain to the driver who caused the accident.
Can I Sue UPS for an Accident if I am Partially At Fault?
No. Maryland has one of the most restrictive contributory negligence rules in the country, and plaintiffs who are even 1% responsible for an accident cannot sue the other party for damages. This means if you did anything negligent, even slightly, to contribute to the accident, UPS may invoke this rule and possibly prevent you from suing.
Talk with Our Maryland UPS Accident Lawyers Today
For a free analysis of your case and situation, call Rice Law’s Ocean City, MD accident lawyers today at (410) 694-7291.