Can I Sue for an Accident with an Amazon, FedEx, or UPS Delivery Truck in Indiana?

White truck and car collision in the highway

Individuals hurt in accidents caused by Amazon, FedEx, or UPS delivery trucks may have claims against negligent parties. However, shipping and delivery truck accident claims involve complex issues of liability. As a result, injured accident victims can benefit from having experienced legal guidance from a truck accident lawyer. This is because an attorney can help accident victims identify liable parties and evaluate their legal options for seeking compensation.

What Are Common Causes of Delivery Truck Accidents in Indiana?

Some of the common causes of delivery or shipping truck accidents in Indiana include:

  • Speeding
  • Reckless driving
  • Distracted driving, such as texting, eating, and drinking behind the wheel
  • Running red lights or stop signs
  • Failure to yield the right of way
  • Tailgating (following too closely)
  • Improper wide turns
  • Improper braking
  • Drowsy/fatigued driving
  • Driving under the influence
  • Unsafe cargo loads
  • Inadequate vehicle maintenance
  • Truck driver inexperience

What Makes Indiana Delivery Truck Accidents More Complex?

Commercial delivery truck accidents often lead to more complex legal claims than other motor vehicle accidents. Some of the factors that make Indiana truck accidents more complex include:

  • Truck Accidents Tend to Lead to More Severe Injuries – Trucks are much larger than passenger vehicles, which means they impart more force in a collision. This increased force can lead to more severe injuries, which require more substantial medical care to treat and are more likely to result in long-term impairment.
  • Unclear Liability – Although a truck may cause an accident while delivering packages for a company like Amazon, FedEx, or UPS, the driver may not work for those companies, and the company may not own the truck that got into the crash. As a result, accident victims may face challenges in determining who they can hold liable for their injuries.
  • Complex Company Structures and Insurance Coverages – Delivery and logistics companies may have complex business structures that obscure the identity of the liable parties for a truck accident. Furthermore, truck companies may have layered insurance coverages that make determining the total extent of insurance coverage challenging.

Who Can Be Held Liable in an Indiana Delivery Truck Accident?

Depending on the causes or circumstances of a delivery truck accident, various parties may bear liability for the injuries and losses you sustained. Potentially liable parties may include the following:

  • The Truck Driver – A negligent or reckless truck driver who causes an accident will bear liability for the injuries and losses suffered by accident victims.
  • The Delivery Company – A delivery company may bear responsibility for a negligent driver’s conduct if it employs the driver or negligently or recklessly retains the driver by failing to conduct a background check or knowingly disregarding facts indicating that the driver posed a substantial risk of causing an accident.
  • The Truck Driver’s Employer – Many delivery companies subcontract work to smaller logistics businesses that employ the truck drivers and, in some cases, own and maintain the trucks.

White truck passing in the highway.

Do Amazon, FedEx, and UPS Provide Their Drivers with Insurance Coverage?

Independent contractors doing delivery work for Amazon, FedEx, or UPS may obtain insurance coverage through those companies or purchase insurance coverage on the open market. However, companies that employ their delivery drivers also carry liability insurance coverage for losses caused by their employee drivers’ negligence or recklessness. Further, delivery companies have insurance policies that cover any liability they might bear for a delivery truck accident.

Will My Injury Case Be Against the Company, the Driver, or Their Insurance Company?

The party or parties you might bring a delivery truck accident claim against will depend on the nature of the business arrangement between the truck driver and the delivery company and on the circumstances surrounding the accident. Brand-name delivery companies frequently outsource some or most of their operations to smaller contractors. In such an arrangement, an injured accident victim will have a claim against the contractor and the at-fault driver they employ rather than the delivery company.

Whether you have a claim against the company or their subcontractor, you might pursue financial recovery through a claim with the liable party’s insurer. In addition, you can also pursue a personal injury case directly against the negligent truck driver responsible for causing the crash. An Indiana truck accident lawyer can assess your situation and advise you on how to proceed with your injury claim.

What Sort of Compensation Might I Be Able to Receive for My Delivery Truck Accident?

In a delivery truck accident claim, you may have the right to obtain a financial recovery for ongoing and future losses or expenses you incur due to the crash. These include the following:

  • Costs of medical treatment or rehab, such as emergency services, hospitalization, medications, surgery, and physical/occupational therapy
  • Long-term care expenses if your injuries result in prolonged or permanent impairments/disabilities
  • Lost income from the time you miss from work while recovering from the accident
  • Loss of earning capacity if you become disabled from your job or other gainful employment
  • Pain and suffering
  • Reduced quality of life because of disabilities or disfigurement/scarring
  • Costs of repairing the accident damage to your vehicle or reimbursement of your vehicle’s value if the accident totaled it

A truck accident lawyer can review your case to determine what damages you could pursue based on the circumstances of the crash.

How Long Do I Have to File an Accident Claim in Indiana?

Under Indiana’s statute of limitations, you typically have two years to file a truck accident lawsuit after a crash caused by an Amazon, FedEx, or UPS truck. Because you have limited time to file an accident claim, you should talk to an Indiana truck accident attorney as soon as possible after a crash. Doing so can give you the best chance of filing your claims on time and preserving your right to seek financial recovery from the delivery/shipping company.

Contact an Indiana Truck Accident Lawyer

If you’ve been hurt in a crash caused by an Amazon, FedEx, or UPS delivery truck in Indiana, turn to Truitt Law Offices for the legal help you need. We have over 40 years of experience, including an insider’s perspective of how insurance companies defend against accident claims, and a proven record of winning maximum results.

Let our law firm help you fight for compensation for your vehicle/property repairs, medical expenses, lost income, and pain and suffering. Contact Truitt Law Offices today for a free, no-obligation consultation with a personal injury lawyer.

Visit Our Indiana Truck Accident Law Offices

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About the Author

As an attorney who has practiced law in Northeast Indiana for nearly four decades, Richard Truitt has seen many changes in the way personal injury and wrongful death cases are handled. However, at least one aspect of his work has remained the same. “You always have to listen to your clients, and you have…