How to Sue FedEx for Negligence?

Since its founding in 1973, FedEx has become a leading global courier company offering prompt delivery services. Now serving more than 220 countries and territories, FedEx has a total revenue of $90.2 billion so far in 2023.

FedEx trucks can be seen around the country and around the world. FedEx drivers, like all road users, have a duty of care to other drivers. Even so, FedEx drivers do still get into accidents.

If you have been injured by a FedEx driver, TK Injury Lawyers is here to discuss your ability to receive compensation for your injuries.

Overview on Negligence

Negligence is the failure of a person or entity to take the same care that an ordinary person would in a similar situation. In order to claim negligence, you must first establish that a FedEx driver was negligent, and his or her own negligence caused your injuries.

Most FedEx truck accidents take place when a driver is delivering packages to a location. To prove that a FedEx driver was negligent, you must show the following:

• The FedEx driver had a duty to follow the rules of the road and traffic regulations.
• The FedEx driver violated his or her duty by breaking the law.
• The FedEx driver made a specific action (tailgating your vehicle) or inaction (not setting the parking brake) that directly caused your accident.
• As a result of the accident, you have measurable losses and injuries (damages)

State Negligence Laws

In personal injury cases, more than one person usually shares responsibility for an accident or injury. Your ability to obtain compensation following an accident with a FedEx truck will depend on what state you live in.

State laws fall into two main categories: contributory and comparative negligence. If you reside in a state that practices contributory negligence, you will be prohibited from receiving compensation if you contributed to the accident at all. Only four states (Alabama, Maryland, North Carolina, and Virginia) and Washington, D.C. recognize contributory negligence.

The remaining states practice comparative negligence, Texas is among them. In comparative negligence, a victim can recover damages as long as he or she is not more at fault for the accident than the other driver. In determining fault, your damages will be reduced by the percentage you contributed to the accident.

For example, if you claimed $20,000 in bodily injury following a run-in with a FedEx truck, but insurance determined that you are 30% at fault, then your damages will be reduced by $6,000 (30% of $20,000). You will only receive $14,000 of your claim.

Respondeat Superior

Respondeat superior is the doctrine by which an employer is held responsible for an employee’s actions. Respondeat superior translates as “let the master answer,” and it is a form of vicarious liability.

Although FedEx has labeled its FedEx ground drivers as independent contractors, circuit courts have disagreed on this issue. In recent years, the National Labor Standard Board (NLSB) ruled in FedEx Home Delivery that FedEx drivers are employees, not independent contractors.

According to the NLSB, an individual performing work for a company is presumed to be an employee unless the following can be shown:

• The individual is free from control and direction in relation to the service provided;
• The service is performed outside of the usual course of business of the employer, and
• The individual works in an independently established trade, occupation, profession, or business in the same industry as the service performed.

Be aware that Texas law protects employers against liability when the employee is acting outside the course and scope of his or her employment. However, if you are in an accident with a FedEx driver in Austin, TX, you will be able to bring a claim against FedEx as long as the employee is performing their job duties.

A FedEx Truck Accident Lawyer Working for You

Every driver has an obligation to take proper care while on the road, and a FedEx driver is no exception. If you have been in an accident with a FedEx driver, we want to hear from you. Contact us today to schedule your free consultation.