FedEx delivers 14.8 million packages in the U.S. every weekday. Most of those deliveries happen without problems, but sometimes they don’t. FedEx drivers may engage in careless behavior, causing accidents to occur and putting other drivers on the road at risk.
When this happens, crash victims can pursue a claim for compensation. However, these cases are complicated by questions about when the driver versus FedEx is responsible for damages. To protect your rights and ensure your medical bills at facilities like Virginia Hospital Center are covered, consulting an experienced Arlington personal injury attorney is critical. Monge & Associates has extensive experience in cases involving delivery drivers, and we understand how Virginia law applies to your claim.
To find out more about how our firm can help you pursue justice, give us a call or contact us online to schedule a free consultation and learn more about the services we offer.
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Injured By A FedEx Driver in Arlington? We Can Help
Hit by a FedEx truck in Arlington? Virginia’s pure contributory negligence rule demands swift action. Contact Monge & Associates for a free consultation today.
Why Choose Monge & Associates
Monge & Associates is the place to turn because of our extensive experience with complicated accident claims in the Arlington area. Our team:
- Has been practicing law since 1993. We have developed a deep understanding of the issues involved in delivery accident claims in Arlington, and we understand how to determine fault and identify FedEx’s responsibility under vicarious liability laws.
- Has recovered more than $1 billion on behalf of our clients. We have a proven track record of holding careless drivers and delivery companies responsible when they damage others. We know how to gather the necessary evidence, demonstrate the driver’s mistakes, and identify all parties who could be liable so we can maximize your recovery.
- Has the resources to thoroughly investigate delivery accident claims. We have a strong network of investigators and accident reconstruction specialists, and we have the resources to put behind your claim. This means we can gather critical evidence including driver delivery schedules, vehicle maintenance records, data from in-vehicle recorders, and more.
We will work with you from day one, navigating the legal system on your behalf so you can focus on recovery as we work to help you get justice for the harm done.
Common Causes of FedEx Accidents
There are many potential causes of FedEx accidents. Some of the most common include:
- Driver fatigue: FedEx drivers who work long shifts may become too tired to operate their vehicles safely. This can also be a major issue for those working for third-party partners who put pressure on drivers to work long hours.
- Driver distraction: When drivers navigate unfamiliar roads and use their GPS to look for homes to make deliveries, they can become distracted and put others at risk.
- Improperly maintained trucks: FedEx trucks that are not properly maintained could experience tire blowouts, brake failures, and other serious maintenance issues that increase the collision risk.
- Improper cargo loading: With FedEx trucks delivering millions of packages daily, the trucks must be loaded carefully and safely to reduce the risk of issues like rollover accidents on top-heavy vehicles.
- Driver intoxication: Drivers who use drugs or alcohol are in violation of clear prohibitions against impaired driving, and they create a serious risk to others.
- Reckless driving: Some drivers may engage in reckless behavior including speeding or unsafe passing, especially when under pressure to complete a large number of deliveries in a short time.
Who Is Responsible for a FedEx Accident?
Determining responsibility for a FedEx accident is very complicated because traditionally, drivers had different statuses with the company depending on the type of deliveries they are making. For example:
- FedEx Ground drivers usually worked for independent third-party companies known as contracted service providers. They were not considered FedEx employees.
- FedEx Express drivers were often employees of FedEx, which means they worked directly for the company instead of working as independent contractors or working for a third party.
- FedEx Freight drivers were often direct employees of FedEx
- FedEx Custom Critical drivers were typically independent contractors who worked for themselves
However, in 2023, FedEx consolidated many of its operations, including FedEx Express, FedEx Ground, FedEx Services, and other FedEx operating companies into Federal Express Corporation.
This means more drivers are now directly employed by FedEx. This shift demonstrates how liability can evolve over time and can make it even more complex to determine the driver/company relationship for past accidents.
If a driver is employed by FedEx, FedEx may be considered vicariously liable for the driver’s negligent acts or omissions. Employees act as agents of their employers while performing work duties, so FedEx becomes responsible when they engage in unsafe behavior or violate the rules of the road.
If a driver works for themselves, or for a third-party company, they may need to rely on their own auto insurance or insurance provided by the third-party company. FedEx does not provide third-party insurance coverage in these situations. If the driver works for a contracted service provider, it will be important to determine if there is any additional coverage available.
Monge & Associates will help you understand the relationship between FedEx and the driver and will also assist you in determining if FedEx’s own negligence makes them liable or if there are third-parties like truck manufacturers or road designers who may share the blame.
The more defendants you can identify who are potentially at fault for an accident, the greater the chances there will be enough insurance coverage available to pay for all of your losses and damages even in cases where your injuries were catastrophic.
Arlington FedEx Accident FAQs
How long do I have to file a FedEx accident lawsuit in Arlington?
Under Virginia law (Va. Code § 8.01-243), you generally have exactly two years from the date of the delivery truck accident to file a personal injury lawsuit. Missing this strict statute of limitations will permanently bar you from recovering compensation.
What happens if FedEx claims I was partially at fault for the crash?
Virginia is one of the few states that follows a “pure contributory negligence” rule. If a corporate insurance adjuster or a jury determines you were even 1% at fault for the collision, you are entirely barred from recovering any financial compensation from FedEx or the driver.
Can I sue FedEx directly if the driver was an independent contractor?
It depends on the driver’s exact classification. While FedEx Ground historically relied on independent contractors, the June 2024 consolidation into a single Federal Express Corporation has shifted more drivers into direct employment. An attorney can subpoena employment records to establish “vicarious liability” (respondeat superior) or pursue negligent hiring claims against the contractor.
How Does an Arlington FedEx Accident Lawyer Help You?
Monge & Associates can help at every step of your FedEx accident claim, working with you to gather evidence, identify defendants, and build the strongest case we can. We will:
- Obtain medical records
- Obtain security camera footage from nearby businesses
- Conduct an investigation into the accident, often with help from accident reconstruction specialists
- Ensure FedEx provides any required documentation or evidence about the cause of the crash, including driver training logs, policy manuals, and data from any onboard recorders
- Interview witnesses to the accident to provide proof of the accident cause
- Help you to document the crash scene, including taking pictures of the vehicle and surrounding area
- Identify all defendants to try to maximize the chance of sufficient insurance coverage
- Help you prove additional damages such as pain and suffering and loss of income by working with vocational experts, medical professionals, and therapists and assisting you in keeping a pain journal or diary
These are just some of the many ways in which we work to build a strong claim. We also negotiate with the insurers or represent you in court to fight for the funds you deserve.
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Contact Monge & Associates Today to Learn More
Monge & Associates cares about every client, and we are committed to putting our decades of experience to work on helping you pursue justice. Give us a call or contact us online today to schedule a free consultation with an Arlington FedEx accident lawyer to learn more.