FedEx has been a staple organization of the United States distribution network for many years, and the company continues to deliver millions of packages to customers and businesses every day. Throughout the country, FedEx delivery trucks are common sights on all roads, and many people in the Orange County area rely on FedEx for their delivery services regularly.
Unfortunately, like all other commercial vehicles, FedEx delivery trucks are capable of inflicting serious harm to others when they are involved in accidents. If you or a family member are struggling in the aftermath of such an incident, you need an Orange County FedEx truck accident attorney you can trust to help you determine the next steps for legal recourse against the responsible party.
FedEx, like any other company, will attempt to reduce its liability for any accident caused by their employee however it can. The legal issue of vicarious liability commonly arises in commercial vehicle accident claims, especially when an employer failed to meet industry regulations and/or mismanaged their employee in any way that contributed to the accident.
Zwick Law can provide the comprehensive legal representation you need for this type of difficult situation. Our firm has experience handling a variety of personal injury claims on behalf of clients in Orange County, and we can use this experience to help with your recovery efforts. While FedEx delivery truck accidents happen for many of the same reasons that all other vehicle accidents occur, these cases not only tend to generate more complex questions of liability but also more substantial damages.
Whatever your case may entail, an Orange County FedEx truck accident attorney is the ideal asset to have on your side if you want to maximize compensation for your damages as swiftly as possible. Whether the FedEx driver, their employer, a third party, or a combination of defendants bear fault for your accident, we will do everything we can to help you hold them accountable and secure the compensation you rightfully deserve.
PROVING LIABILITY FOR A FEDEX DELIVERY TRUCK ACCIDENT IN ORANGE COUNTY
California is one of many U.S. states that upholds the fault rule for resolving motor vehicle accident cases. This means proving fault for an accident is essential before an injured driver can recover any compensation for their damages, both through an auto insurance claim and a personal injury action against the driver who is at fault. The state’s fault rule also means that all drivers must have auto insurance that includes appropriate liability coverage.
FedEx delivery trucks are larger than most other vehicles, and the company also employs tractor-trailer drivers who carry FedEx freight between distribution centers. Larger vehicles have larger blind spots than smaller passenger cars, and they are also more likely to cause accidents when their drivers speed, commit moving violations, or drive inattentively.
Most of the FedEx delivery truck accidents reported in California each year are the result of negligence, a term used to describe a failure to uphold a specific duty of care in a given situation. Distracted driving, moving violations, and speeding are commonly cited examples of negligence that can cause devastating vehicle accidents. However, it is also possible for illegal activity to result in an accident, such as reckless driving or driving under the influence of alcohol or drugs.
Your Orange County FedEx truck accident attorney will help you gather the evidence needed to prove liability for your recent accident beyond any doubt. This may entail physical evidence from the scene of the crash, such as skid marks in the road, testimony from witnesses who saw the accident happen firsthand, video recordings, and digital evidence like drivers’ cell phone records. After proving exactly how your FedEx delivery truck accident happened, your attorney will help you proceed with filing your auto insurance claim.
FILING YOUR AUTO INSURANCE CLAIM FOR A FEDEX DELIVERY TRUCK ACCIDENT IN ORANGE COUNTY
FedEx and other companies that employ commercial vehicle drivers often have more expansive auto insurance policies than the average driver. California law requires an individual driver to carry a minimum of:
$15,000 of bodily injury liability coverage for one person
$30,000 of bodily injury liability coverage for injuries to multiple people in one accident
$5,000 of property damage liability coverage
These amounts may be enough to cover the damages from a minor accident, and the FedEx driver’s insurance coverage could likely be more than the bare minimum required by the state. However, you should not assume that you will be able to resolve your FedEx delivery truck accident claim through insurance alone — or that the insurance company will handle your claim in good faith.
Most insurance companies try to find any justification they can to reduce a claimant’s settlement offer or flatly deny the claim outright. Sometimes they engage in unethical bad faith tactics to do so. However, if an insurance company representative notices that a claimant has legal representation, they will be far less likely to attempt any bad faith handling of their claim.
Your Orange County FedEx truck accident attorney can assist you with every phase of your auto insurance claim. Zwick Law has interacted with all of the major insurance carriers in California, and we know what they try to do to avoid liability for injured drivers’ damages. Once we have filed your claim on your behalf, we will resolve any disputes that may arise between you and the insurance carrier. After they deliver your settlement offer, we will verify that it is fair and reasonable under the terms of the at-fault driver’s insurance policy.
PROTECT YOUR RIGHTS AND FUTURE
BUILDING A PERSONAL INJURY CLAIM FOR A FEDEX TRUCK ACCIDENT
A successful auto insurance claim may help you recover a substantial amount of compensation for your losses, but any commercial vehicle accident has a very high chance of causing catastrophic injuries to those involved. In the event an insurance claim alone cannot fully repay your losses, you will need to file a personal injury claim against the at-fault driver if you are unable to fully recover through their insurance.
Success with a personal injury claim in Orange County requires clear proof that the defendant’s negligence or intentional misconduct directly caused the damages you are claiming. The plaintiff has the burden of proving the defendant held a duty of care that they breached in some way, and the plaintiff must then prove the full scope of the resulting damages from this breach of duty. Your Orange County FedEx truck accident attorney will help you gather the evidence needed to determine fault for your damages and assist you in proving all of your claimable losses.
The purpose of a personal injury claim in California is for the plaintiff to recover the compensation they need to recover as wholly as possible from their experience. State law permits the plaintiff to claim both economic and non-economic damages from the defendant. If the defendant caused the accident through any illegal misconduct, this could influence the plaintiff’s recovery as well.
RECOVERING COMPENSATION THROUGH YOUR PERSONAL INJURY CLAIM
Under California’s personal injury statutes, the defendant responsible for causing a personal injury must repay the plaintiff for the full amount of the economic damages they inflicted. Calculating economic damages is typically straightforward when it comes to the plaintiff’s immediately recognizable financial losses resulting from their accident. However, the plaintiff also has the right to seek compensation for economic damages that have not yet manifested, depending on the scope and severity of the harm they experienced.
Many FedEx truck accidents and other commercial vehicle accidents cause severe physical injuries. The plaintiff has the right to seek full accountability for the entire scope of medical care they require to reach maximum medical improvement from their injuries. This means the defendant is liable for immediate medical expenses like hospital bills as well as the cost of any future rehabilitative care the plaintiff is likely to require. Your Orange County FedEx truck accident attorney can consult your medical care team to determine the full extent of your prognosis and the scope of future medical complications the accident is likely to impose on you.
If you have been rendered unable to work after your accident, the defendant then becomes liable for the income you can’t earn during your recovery period. Your attorney will help you calculate your lost wages and add them as economic damages to your claim. Additionally, the defendant is responsible for your lost future earning capacity if they inflicted a permanent injury that results in a disability. If you cannot work anymore or cannot earn as much income due to their actions, your attorney will be invaluable for helping you recover the lost future income you would have otherwise been able to earn.
After accurately assessing your medical expenses, property losses, and lost income resulting from your FedEx truck accident, you can then seek compensation for the pain and suffering you experienced. There is no limit on how much pain and suffering compensation you are allowed to claim in a vehicle accident case, and your Orange County FedEx truck accident attorney will be invaluable for determining a fair amount that reflects the severity of your experience.
SHARED FAULT IN COMMERCIAL VEHICLE ACCIDENT CLAIMS
One of the most challenging aspects of a commercial vehicle accident is accurately figuring out liability for the damages involved. Vicarious liability may apply whenever an employer shares fault for the actions of their employee, and it is also possible for fault to rest with more than one driver depending on how your accident happened.
California upholds a pure comparative negligence law, meaning all parties that share fault for a vehicle accident each receive individual fault percentages based on how much they contributed to causing the accident. This applies to the plaintiff as well if they were partially negligent in any way that contributed to the accident. When multiple parties share fault for civil damages, the judge overseeing the case assigns each liable party a fault percentage. This percentage dictates what share of the total claimed damages each liable party is responsible for repaying.
When a plaintiff absorbs partial liability for a vehicle accident, their fault percentage is deducted from their final case award. For example, if a plaintiff seeks $500,000 in compensation but they are found to be 10% at fault, this would result in them losing $50,000 of their final case award. Depending on the total value of a claim, any amount of partial liability can potentially result in a significant loss of compensation. When you have an experienced Orange County FedEx truck accident attorney handling your case, they can assist you in minimizing any fault percentage you may potentially absorb for the accident.
WHAT YOU CAN EXPECT FROM YOUR FEDEX ACCIDENT INJURY ATTORNEY
Zwick Law provides compassionate and detail-oriented legal counsel in every case our firm accepts. If you choose our team to act as your lawyers in a FedEx delivery truck accident claim, we will help you through all of the proceedings necessary for maximizing your final recovery. We help every client understand the legal mechanisms that will come into play in their cases so that they can approach their recovery efforts with confidence and peace of mind. Time is a crucial concern for anyone who intends to file any type of civil suit in Orange County, so it’s always advisable for an injured plaintiff to seek legal counsel they can trust as soon as possible after an injury occurs.
GET IN TOUCH WITH US TODAY FOR YOUR ORANGE COUNTY DELIVERY TRUCK ACCIDENT CASE
The right attorney can make a tremendous positive difference in the outcome of your impending civil suit in Orange County. At Zwick Law, we have successfully won many cases for past clients, and we are ready to leverage this experience on your behalf. Contact us today and schedule your consultation with our team to learn more about our legal services.
FAQS ABOUT ORANGE COUNTY, CA FEDEX DELIVERY TRUCK ACCIDENT LAWS
If you cannot recover your losses through auto insurance alone, you will need to file a civil suit against the party responsible for your FedEx truck accident. California enforces a two-year statute of limitations for these claims, so it is vital to file your case within two years of the date the accident occurred. Failure to file your claim within this timeframe means losing your ability to secure compensation from the plaintiff. Once you address your immediate medical concerns after your accident, reach out to an attorney you can trust right away.
Under California’s personal injury statutes, you have the right to seek full repayment of all the economic damages a defendant inflicted on you, both immediate and future. Additionally, you also have the right to claim compensation for pain and suffering, and the defendant may also face punitive damages depending on your accident’s circumstances. A plaintiff’s recovery may diminish, however, if they share fault for the accident. Your Orange County FedEx truck accident attorney can provide an estimate of your claim’s total potential value.
You might think that if the fault for your recent FedEx truck accident is perfectly clear, you should have minimal difficulty proving fault for the accident and collecting compensation for your damages. The reality, though, is that any civil claim for damages can evolve into a more complex affair than you are prepared to handle on your own, and you risk your recovery by attempting to manage your case without legal counsel. Hiring an experienced Orange County FedEx truck accident attorney not only increases your chance of success with your case, but they can also likely help you secure far more compensation than you could manage on your own.
Whenever an act of negligence or intentional misconduct results in fatal harm to a victim, the victim’s family has the right to pursue a wrongful death claim against the party responsible for the accident. A wrongful death claim is similar to a personal injury case. However, while a personal injury action seeks compensation for the victim’s losses, a wrongful death claim helps the surviving family of the victim recover from the financial impact of the death and awards compensation for their pain and suffering.
Zwick Law makes legal counsel affordable and accessible to those who need it most with contingency fee billing. Under a contingency fee agreement, the client does not pay legal fees until their attorney wins their case. The fee is a percentage of their final case award, ensuring their legal expenses do not overtake their recovery. If our team cannot secure compensation on your behalf for any reason, you pay nothing, so there is no financial risk to hiring Zwick Law to represent your FedEx truck accident claim in Orange County.
REQUEST YOUR
FREE CONSULTATION
Call the number below or fill our the form to get your free consultation today. Don’t wait a moment longer to get the relief you deserve. Taking care of you is our first priority, and we hope you’ll take that first step by scheduling a free consultation.