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While FedEx trucks have become a common sight on roadways, they can still be an intimidating sight up close, thanks to their imposing size. The sheer scale and lifting power of these trucks allow them to transport heavy goods across the nation, but that increased size and weight can also pose a severe danger in the event of a FedEx truck accident.
The trauma of a FedEx accident is something nobody should have to go through. For some victims, pursuing legal action has led to meaningful compensation that helped them rebuild their lives and move forward. By reflecting on the experiences of those who have successfully navigated their FedEx truck crash cases, we can uncover valuable insights that may help you approach your own journey with greater clarity and confidence.
On September 29, 2014, Victoria Tully and her 20-year-old daughter Elizabeth were struck by a FedEx truck driven by Kevin Frank, which crossed into oncoming traffic. All three parties tragically lost their lives in this crash. The Tully family brought a suit against FedEx for wrongful death, as well as pain and suffering.
Little information is available about this accident, likely due in part to the tragic loss of the involved parties. While the reasons are unknown, the fact is that for one reason or another Frank’s vehicle drifted into the wrong lane, leading to the crash. In July of 2017, FedEx offered a settlement to the Tully family, which they accepted.
This story brings an important fact to light: determining who is liable for a truck accident, FedEx or otherwise, can be more complicated than for other auto accidents. This case may have appeared to only involve two parties, but failing to identify FedEx as a potentially liable party could have been a big mistake.
As in this case, the employer may bear legal responsibility for a commercial truck accident. Additionally, other third parties, such as maintenance providers or parts manufacturers who failed to address critical safety issues, can also be held liable.
A notable aspect that sets FedEx apart from other carriers is that it has historically classified its drivers as a network of independent contractors, not as individually recognized employees. In other words, many FedEx drivers may not be considered employees of FedEx but as self-employed or employees of a smaller trucking service. This is notable for victims of FedEx truck crashes because it means the company may not assume liability for the accident.
What this means for accident victims is that determining who should actually be held liable becomes even more complicated. Liability could fall to the driver, their employer (if they have one), or FedEx, the company they are contracted to drive for, not to mention any other third parties which may be involved.
Joseph Cargal was driving down U.S. Highway 59 near Tenaha, TX, in 2018, a four-lane road with no median. Around 1:30am on a rainy night, a FedEx Freight truck driven by David Forehand was heading the opposite way, and swerved out of its lane, resulting in a head-on collision. Cargal was declared dead at the scene. His sons sued FedEx for damages.
Outward-facing cameras on the truck indicated excessive speed at the time of the crash. While Forehand was found 49% at fault, the jury ruled FedEx 51% at fault for negligence in training and supervising him, leading to a $30 million verdict in favor of the Cargal family in 2021.
The fact that there were cameras on the truck that served as critical evidence in this case may at first seem like a coincidence. However, this fact is actually a reminder of the importance of thorough evidence gathering. Many commercial trucks, FedEx included, have equipment like this intended to help track driver behavior and location.
To set yourself up for success, you will need to gather as much evidence as you can. An excellent source of evidence is black box data, which is information recorded about the truck’s operation, such as location, speed, and hours in use. A reliable way to obtain this and other critical information is to work with a FedEx truck accident lawyer. Attorneys specializing in truck accidents may be able to request this information by the appropriate channels and can escalate negotiations with uncooperative parties.
In 2014 in Las Vegas, NV, Naddia Dhalai was rear-ended by a FedEx truck which failed to brake properly, resulting in significant neck and back injuries. FedEx admitted liability for the accident, but they allegedly refused the settlement amount of $2 million requested by Dhalai’s representation. They instead contested the severity of her sustained injuries, offering a lower settlement amount.
This prompted Dhalai’s team to take the matter to trial, where medical care providers weighed in with testimony to support the need for a sizable compensation amount. The jury awarded an $8 million verdict to the woman in August 2022, much higher than the original sought amount.
A notable aspect of this case was the low settlement amount initially offered during pretrial negotiations. In many truck accident cases, the at-fault party or their insurance company may propose an amount that does not fully cover the victim’s losses. They may also use negotiation tactics intended to encourage acceptance of a quick resolution rather than pursuing the matter further.
It’s important for victims to understand that they have the right to carefully evaluate any offer and consider whether it reflects the true extent of their damages. In some situations, standing firm and being willing to proceed to trial can be necessary to seek fair compensation.
While proving FedEx liable for a truck accident can be difficult, if you are able to recover compensation from them, their insurance policy is much more straightforward. FedEx’s auto liability insurance for all divisions has a combined single limit of $5,000,000.
Unlike many insurance policies, which provide different amounts of bodily injury coverage per person, bodily injury coverage per accident, and property damage per accident, a combined single limit policy sets a larger maximum amount that includes all three. In other words, as long as the overall damages to person and property don’t exceed $5,000,000, the full amount should be covered.
Dealing with the ins and outs of a FedEx truck accident can be overwhelming, especially when combined with the trauma you’ve already experienced and the road to physical and emotional recovery. Fortunately, immediate help is available.
Our FedEx truck accident lawyers can handle the legal intricacies of commercial truck accident cases. There are no up-front fees, and we only get paid if you win. Let Senft Legal aid you in your recovery journey—call 24/7 to reach a lawyer for a free consultation.
Many FedEx accidents are caused by some form of driver error, such as speeding or lane departures. This may be the result of driver negligence, but in some cases may be exacerbated by tight delivery schedules or excessive hours on the clock. FedEx truck accidents can also be caused by mechanical failures, which may indicate liability on the part of FedEx or one of their service providers.
You can sue FedEx for a truck accident injury if you can establish liability on the part of the company. Determining the driver’s relationship to the company is one essential factor here. You will also need to assemble evidence to establish fault in the accident. A FedEx truck accident lawyer can help you to determine where liability lies.
The compensation you can expect after a FedEx truck accident will depend on your situation. Most victims can count on some amount of personal injury compensation, scaling based on the severity of their injuries. If your vehicle sustained damage, you can also be eligible for compensation for property damage.
In especially severe cases, when your injuries prevent you from returning to work for a significant period of time, you may be eligible for loss of future income compensation.
The amount of time it takes to settle a FedEx injury case varies based on your case. More severe injuries may require more time spent consulting with medical specialists, not to mention the extra time it may take to determine your medical expenses. The timeline will also depend on the cooperation of the at-fault party, both before and during negotiations.
Some claims may proceed quickly and resolve within six months or so, but others may be delayed to take a year or more. Consult an attorney in your area to get more specific feedback.
There is no hard-and-fast rule here, but in many cases you should not automatically accept the first settlement offer. The other party may try to start off with a lowball offer, hoping you will cave and accept to avoid further negotiations. To help you negotiate your settlement more effectively, it’s wise to have a FedEx truck accident attorney who can determine how much you’re eligible for and advocate on your behalf.