Were you injured in a collision that involved a UPS delivery driver? As the victim of this type of crash, you have rights, and a delivery truck accident lawyer in Atlanta can stand by your side as you take legal action.
It all starts with calling Van Sant Law and working with a UPS truck accident lawyer in Atlanta. Known for serving Georgia residents since 2008, our law firm is home to attorneys who have decades of combined experience handling personal injury cases.
Together, we have recovered hundreds of millions in compensation for people in situations similar to yours. Our UPS truck accident lawyers in Atlanta will investigate the crash, identify potentially at-fault parties, and pursue a financial recovery on your behalf.
Who Can Be Responsible for a UPS Truck Accident?
The United Parcel Service (UPS) may be responsible for its driver’s behavior if negligent driving caused the crash. However, the driver, a maintenance company, a vehicle owner, another motorist, or another party could potentially share responsibility, depending on the facts.
A thorough investigation will look at the entire chain of events leading to the collision. Here’s what your UPS truck accident attorney in Atlanta can investigate:
- The driver’s actions
- The company’s role
- The condition of the truck
- Maintenance records
- Loading practices
- Roadway conditions
- Other circumstances that may have contributed to the crash
Georgia law allows fault to be allocated among parties in certain circumstances. Under O.C.G.A. § 51-12-33, an injured plaintiff’s recovery may be reduced according to the percentage of fault assigned to that plaintiff.
However, a plaintiff who is 50% or more responsible for the injury generally cannot recover damages under Georgia’s modified comparative fault rule. That makes it especially important for your truck accident lawyer in Atlanta to identify every responsible party and ensure you don’t take an unfair portion of the blame.
What If the UPS Driver Caused the Crash?
If a delivery driver caused a UPS truck crash in Atlanta due to negligent conduct, you may have a personal injury claim. Negligence generally requires showing that the driver owed you a duty of care, breached that duty, and caused your injuries and resulting damages.
For example, a driver could potentially be negligent if they engaged in any of these behaviors:
- Speeding
- Following another vehicle too closely
- Failing to yield
- Running a red light
- Making an unsafe turn
- Driving while distracted
Georgia law requires drivers to operate vehicles with reasonable care and comply with applicable traffic laws. A traffic law violation can become important evidence when determining whether a driver’s conduct contributed to a collision.
However, receiving a traffic citation does not automatically determine the outcome of a personal injury case. With the help of our Atlanta personal injury lawyers, you can make sure the full circumstances are examined.
Your attorney may review the police report, photographs, witness statements, available video, vehicle damage, medical records, and other evidence to determine what actually happened.
What If the UPS Driver Was Working at the Time?
Commercial vehicle crashes raise questions about whether an employer is legally responsible for an employee’s actions. Georgia recognizes the doctrine of respondeat superior, which can make an employer responsible for negligent acts committed by an employee while working.
This can matter in a UPS accident in Atlanta because the driver was likely performing work duties when the crash occurred. However, UPS sometimes uses independent contractors to make deliveries, and there is an important distinction between an employee and an independent contractor.
The legal relationship between a driver and a company can affect who may be held responsible. That is another reason not to assume that the only potential defendant is the person sitting behind the wheel or their employer.
What If the Truck Had a Mechanical Problem?
When a mechanical issue contributes to a crash, liability may extend beyond the driver or employer. Depending on the facts, potentially responsible parties may include:
- The company responsible for maintenance
- A manufacturer
- A distributor
- Another party whose negligence or defective product contributed to the collision
Georgia product liability law can apply when a defective product causes injury. Product liability cases can involve complicated questions about these matters, such as:
- Whether a product was defective
- Whether the defect caused the injury
- Whether the manufacturer or another party can be legally responsible
A lawyer can investigate whether a mechanical failure played a role in your crash rather than simply accepting the initial explanation of what happened.
What Laws Apply to Commercial Truck Drivers?
Commercial truck drivers can be subject to both Georgia law and federal regulations, though the applicable laws depend on the exact circumstances of your situation. The Federal Motor Carrier Safety Administration regulates many aspects of commercial motor carrier operations.
Federal rules can address areas such as driver qualifications, hours of service, vehicle maintenance, inspections, and other safety requirements. The specific rules that apply depend on the vehicle, the nature of the transportation, and the circumstances of the driver’s work.
For an injured person, the important question is not simply whether a trucking regulation exists. The more important question is whether a violation occurred and whether it contributed to the crash or your injuries.
What Compensation Can You Recover After a UPS Truck Accident?
A serious truck accident can affect virtually every part of your life. Compensation in a personal injury claim may include economic and non-economic damages, depending on the circumstances. Here are some of the potential damages your lawyer might include in your case:
- Medical expenses related to your care
- Future medical expenses when injuries require ongoing treatment
- Lost wages when your injuries prevent you from working
- Reduced earning capacity if injuries affect your ability to earn income
- Physical pain and suffering
- Emotional distress and other non-economic losses
- Property damage associated with the collision
The value of a claim is not necessarily equal to the amount of your medical bills. A serious injury can affect your ability to work, sleep, exercise, care for your children, participate in hobbies, or enjoy your normal routine.
Some consequences may continue long after the insurance company sends its first settlement offer. That is why it is important to understand the full impact of your injuries before deciding whether a proposed settlement is adequate.
What If the Insurance Company Offers You a Settlement?
You may receive a settlement offer relatively quickly after a crash. It can be tempting to accept. You may have medical bills piling up, your vehicle may need repairs, and you may already be missing work. But an early offer does not necessarily reflect the full value of your claim.
Once you accept a settlement and sign a release, you give up the right to pursue additional compensation for the same accident. Before accepting an offer, it’s important to consider the following:
- Whether you know the full extent of your injuries
- Whether you understand your future medical needs
- Whether your lost income has been calculated
- Whether the offer accounts for your non-economic losses
An attorney can review the offer and negotiate with the insurance company when appropriate.
How Long Do You Have to File a Truck Accident Lawsuit in Georgia?
Georgia usually sets a two-year statute of limitations for personal injury claims under O.C.G.A. § 9-3-33. However, that does not mean you should wait two years before talking to a lawyer. A truck accident investigation can involve numerous records and potentially responsible parties.
Evidence may become harder to obtain as time passes, and important deadlines can vary depending on the specific circumstances.
Contact Van Sant Law ASAP for Advice From UPS Truck Accident Attorneys in Atlanta
At Van Sant Law, our founding attorney, David M. Van Sant, previously served as defense counsel for a large insurance firm. This experience has given him an insider’s understanding of how insurance companies evaluate claims and attempt to minimize their financial exposure.
Our Atlanta UPS truck accident lawyers also understand tractor-trailer and commercial carrier cases. We will focus on identifying every possible avenue of compensation and holding the at-fault party’s insurance company accountable.
Our goal is to help you avoid being left with the financial consequences of an accident you did not cause. The sooner you contact us, the sooner we can investigate the UPS truck crash that injured you and pursue financial recovery supported by the facts.
