Most Newark UPS drivers understand the importance of their job. So, they’re often careful because they know they might be hauling fragile cargo that they’ll deliver to consumers. However, there are some drivers who, for some reason, are not as careful as others.
And their carelessness often leads to accidents and injuries in Newark, NJ, and across the country. Estimates show that in the 24 months leading to their most recent report, the Federal Motor Carrier Safety Administration (FMCSA) reported that there were 2,885 crashes involving UPS trucks in the country and 71 fatal crashes.
If you were hurt in a UPS truck accident, you deserve to get adequate compensation. Morelli Law’s experienced Newark UPS truck accident lawyers can help you with that.
Identifying Who is Responsible for Your Injuries and Losses
Part of the claims process is identifying what caused the car accident with a UPS truck in Newark, NJ, in the first place. This is part of the initial steps that an attorney will take to establish your case.
In our experience, various things might be responsible for the truck collision. These include:
- Drunk driving
- Overspeeding
- Drowsy or fatigued driving – usually occurs when drivers don’t stick to the mandated hours of service
- Reckless driving
- Tailgating
- Overloaded cargo
There may be way more, but these are the common causes. Once the cause has been identified, it’s time to find the liable parties. In New Jersey, the first and most common liable party is the UPS driver. But the parent company may also be liable for your injuries. This is known as vicarious liability, and it can allow injured victims of these crashes to bring legal action against both the driver and UPS.
Morelli Law’s experienced UPS truck accident lawyers in Newark, NJ, know how to file such cases and bring all liable parties to book.
Building a Case Against the Liable Parties
Because truck wrecks tend to result in catastrophic injuries and loss of life, it is important for the attorney to carefully build a case against all liable parties. Part of that process is establishing that the driver and/or other third parties were negligent in their duties. And because of their negligence, people were hurt.
To prove negligence, you’ll have to establish that the following four elements were present:
- Duty – UPS drivers and other liable third parties have a duty to ensure that other road users are reasonably safe while they’re on the roadway. So, all drivers are meant to adhere to driving rules.
- Breach of duty – When a UPS driver starts acting in a manner that endangers the safety of other road users, they have essentially breached that duty of care. For example, if said driver starts driving recklessly and carelessly weaving in between vehicles, he or she is putting other road users at risk of injury.
- Duty breach caused the injury – If the UPS driver’s carelessness results in an accident and injury, it means that their breach of duty directly led to the suffering that these road users now have to deal with.
- Damages and losses were suffered – If the traffic collision or injuries leads to losses and expenses, then the driver and other liable parties are responsible for the damages.
In many instances, our UPS truck accident attorney in Newark, NJ, will attempt to identify any and all liable parties that may be directly or indirectly responsible for your injuries. This is always a smart move because it can increase your settlement significantly.
Newark UPS Truck Accident Lawyer Near Me 877-751-9800
Compensation You Can Seek in a Newark UPS Truck Accident Case
Every UPS semi-truck collision case is unique. Therefore, the damages that you may be able to seek might be different, depending on your circumstances. But generally, here are the damages that you may be able to collect:
- Medical treatment costs – including post-recuperative therapy
- Household maintenance costs
- Loss of income
- Temporary or permanent disability
- Extra expenses
- Damaged property repair or replacement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of society
These are some of the more common benefits that you may qualify for. Also, your UPS semi-truck crash lawyer might throw in punitive damages if there’s proof of the driver’s gross misconduct or intent to harm. Your attorney will be in the best position to advise you regarding this.
Also, if you lost a loved one to the injuries that they sustained in a semi-trailer collision, you can file a wrongful death lawsuit against the driver and/or other parties.
Even though money won’t bring back your loved one, a wrongful death lawsuit can make them pay for the loss that you suffered and the pain that your loved one endured before they passed.
Speak to our attorney about this if you’re thinking about pursuing a wrongful death claim. We’ll be able to provide you with sound legal advice and support that will help you navigate this very painful situation.
Factors Influencing Your Compensation
How much you’ll receive as compensation from a UPS truck accident injury claim largely depends on multiple factors. These include:
- How bad your injuries are
- The extent of property damage
- The driver’s and/or third party’s culpability
- The possibility that you may have a long road to recovery
- Whether you can return to work soon
- Whether your injuries will lead to temporary or permanent disability
- The driver’s or company’s willingness to settle
- The driver’s or third party’s insurance coverage
- Your role in traffic collision – New Jersey is a comparative negligence state, so your settlement might be affected by your role in the crash
Also, you have just two years to file your recovery claim. If you file late, your claim might be denied on the grounds that the case is time-barred (you have exceeded the deadline for filing).
Hire a Newark UPS Truck Accident Lawyer
A UPS semi-trailer crash case cannot be handled by just any kind of lawyer. You need a Newark UPS truck accident lawyer who understands the peculiar requirements and demands of truck wreck cases involving large corporations.
These types of cases often have so many hidden “tripwires” that can blow up your case, leaving you with nothing at the end of it all. And since these cases take time, you want to avoid wasting your time and finding out at the last minute that you should have hired a more competent commercial truck accident attorney.
At Morelli Law Firm, our Newark UPS truck crash attorneys know and understand how to navigate the “treacherous landmines” common with these types of cases. We have faced big corporations like FedEx and Walmart in the past and have won huge settlements for our clients.
If you want to win, we’re the UPS truck accident law firm to talk to. Contact us today to discuss your case for free.