FedEx is one of the biggest delivery and logistics services in the United States. Large FedEx vans and trucks can be seen on highways all over Pennsylvania, and sometimes drivers cause accidents. If you were injured in an accident involving a FedEx vehicle, ask a lawyer for help obtaining fair financial compensation.
You may sue the driver who caused the accident, but suing FedEx may be more challenging. It may be possible to sue FedEx, but the fact that the company claims to hire almost only independent contractors as drivers means that FedEx may not be held vicariously liable. As such, we need to scrutinize the driver’s employment status. If they are misclassified as an independent contractor, we may argue that FedEx should be held vicariously liable. If not, we can find other ways to sue FedEx.
Begin your case with a private, free legal evaluation from our Philadelphia, PA truck accident lawyers by calling The Reiff Law Firm at (215) 709-6940.
Can I Sue FedEx if a FedEx Driver Causes an Accident in Pennsylvania?
Suing FedEx for a vehicle accident is not always easy. Depending on your specific circumstances, it might be possible to sue FedEx, but our Delaware County, PA truck accident lawyers must be ready with alternative legal strategies, just in case.
Rules of Vicarious Liability
The rules of vicarious liability may apply when an employee negligently causes injuries while conducting normal job duties and in furtherance of their work. Their employer may be sued and held vicariously liable. The employer does not need to be directly involved in the accident to be held vicariously liable.
Vicarious liability applies only to employers and employees, not to independent contractors. If we discover that a negligent driver is an independent contractor, suing FedEx may not be possible. Instead, we may sue the driver and the company they work for, which contracted with FedEx.
Who Does the Driver Work For?
One of the most important facts we need to determine is the FedEx driver’s employment status. If the negligent driver is classified as an employee, it may be possible to sue FedEx for the accident. However, if the negligent driver is an independent contractor rather than an employee, it may be much harder to sue FedEx.
FedEx claims that most, if not all, of its drivers are independent contractors. This may mean that we cannot sue FedEx simply because they hired the negligent driver. However, if we have reason to believe that FedEx misclassified the driver as an independent contractor when they are really treated as an employee, we can argue that we should be able to sue FedEx.
Suing the Driver and Their Employer
If we cannot sue FedEx under a theory of vicarious liability, we may still be able to sue the driver and their employer, just not FedEx. The driver might work for a different business or company that has a contract with FedEx. In that case, we can sue the driver and the company they work for.
Another possibility is that the driver is self-employed and working as an independent contractor for FedEx. In that situation, we might only be able to sue the driver.
How Can I Sue FedEx After an Accident in Pennsylvania?
If the negligent driver who caused the accident is not a FedEx employee, we might still be able to sue FedEx using different legal strategies.
Negligent Hiring or Entrustment
One possibility is that FedEx hired the negligent driver, knowing that they were unfit for the job and posed a safety risk on the road. Background checks are common in many fields of work, and companies that hire drivers typically must check driving histories for any red flags.
If FedEx knew the driver had a history of accidents or was otherwise a safety risk on the road but hired them anyway, FedEx may be held directly liable for negligent hiring or entrustment.
Misclassified Drivers
Sometimes, companies claim that workers are independent contractors, but they are really treated as normal employees. Companies sometimes misclassify workers this way to avoid liability for accidents, and this is not allowed.
We should demand copies of FedEx’s business records pertaining to the driver who caused your accident. How were they hired? How long had they been driving for FedEx? Who sets their pay, work hours, driving routes, and other important elements of their job?
A key characteristic of independent contractors is that they control how and when they work, their pay, and the kinds of jobs they take. If FedEx were the one controlling all these factors, the driver may be misclassified and should instead be considered an employee. This could allow us to sue FedEx under a theory of vicarious liability.
Unsafe Policies or Training
Another way that FedEx may be held directly liable, if vicarious liability is not possible, is to argue that FedEx provided improper safety training or failed to train drivers at all. We may argue that the accident is a direct result of FedEx’s lack of safety protocols and that the company should be held directly liable for the accident.
FAQs About Suing FedEx for Injuries Caused by Accidents with FedEx Vehicles in Pennsylvania
Can I Sue FedEx After an Accident in Pennsylvania?
Possibly. If the driver who caused the accident is a FedEx employee, we may sue FedEx and have them held vicariously liable. If the driver is an independent contractor, vicarious liability may not apply. Instead, we may need to determine if FedEx can be held directly liable or if the driver is misclassified and should be treated as an employee.
What Damages Can I Claim in a Lawsuit Against FedEx for an Accident?
You may claim numerous damages related to economic costs and non-economic injuries. Common economic damages include medical bills, vehicle repairs, and lost wages. Non-economic damages may include various forms of pain and suffering.
What Evidence Do I Need to Sue FedEx for an Accident?
We need evidence from the accident, including photos and videos recorded during the accident. Witness testimony may also be crucial. We can also obtain copies of FedEx business records related to the negligent driver through the discovery process.
How Do I Start a Lawsuit Against FedEx for an Accident?
You may begin a lawsuit by hiring an experienced attorney. Your lawyer can help you gather evidence and information needed to draft and file a formal complaint against the driver who caused your accident and possibly FedEx.
Should I Sue FedEx for an Accident or Accept a Settlement?
FedEx might offer a settlement to avoid a trial, and you have the option of accepting the settlement, negotiating for a better settlement, or rejecting the settlement and pursuing a full trial. Settlements often involve compromise, and they usually do not cover the full extent of a plaintiff’s damages. As such, it may be better to take your case to trial and fight for everything you deserve.
Ask Our Pennsylvania Truck Accident Lawyers for Legal Support Now
Begin your case with a private, free legal evaluation from our Chester County, PA truck accident lawyers by calling The Reiff Law Firm at (215) 709-6940.
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