How to Sue UPS for Injury After an Accident in Pennsylvania

Among the many delivery services in the United States, UPS is one of the biggest, and UPS trucks are on the road almost every day. If you are ever injured in an accident with a UPS truck, you may sue for damages. Depending on the situation, you may sue UPS.

Your first step is to hire an experienced attorney to help you sue UPS. Once you have legal representation, you and your lawyer can begin gathering evidence and information to build your case. Generally, plaintiffs may sue negligent drivers after accidents. However, if the driver was performing normal job duties for an employer at the time of the crash, their employer (i.e., UPS) may be held vicariously liable.

Start your case with a free legal review from our Philadelphia truck accident lawyers by calling The Reiff Law Firm at (215) 709-6940.

How Do I Begin a Lawsuit Against UPS for an Accident in Pennsylvania?

You can start a lawsuit by asking for help from a lawyer and exploring your legal options. Once you are ready to begin, your attorney can assist you.

Hire an Experienced Attorney

You need a lawyer who knows how to handle cases like yours. Personal injury law is a broad field encompassing a myriad of accidents, injuries, and legal scenarios. You should seek help from attorneys who have experience with truck accidents and, more specifically, know how to sue larger companies like UPS.

Gather Evidence

We must have evidence to support your claims before we file the case. People often think of evidence as something that only comes up at trial, but this is not true. Evidence is important from the very beginning of your case.

We must include enough evidence in our initial filings to show the court that you have a valid cause of action. If we do not present enough evidence at the very beginning, the court could reject your case for insufficient pleadings.

Draft a Formal Complaint

Your case officially begins after our Pennsylvania truck accident lawyers file a formal complaint with the court. The complaint is a lengthy legal document that spells out all the facts of the accident, why we believe the defendant should be held liable, the damages you are claiming, and the evidence supporting your claims.

When we file the complaint, we must immediately serve notice of the complaint to the defendant so that they may review it and file a formal answer.

What Are Possible Legal Strategies When Suing UPS for an Accident?

You may be able to sue UPS for an accident caused by one of its drivers. There may be multiple legal strategies and approached to consider with your attorney.

Respondeat Superior

Under the legal doctrine of respondeat superior, employers may be held vicariously liable for injuries caused by negligent employees. The key is that we must prove the negligent employee (i.e., the UPS driver) was acting within the normal scope of their job duties when the accident happened.

It is important to note that vicarious liability only applies to employees. If the UPS driver is an independent contractor hired to deliver parcels for UPS, UPS may not be held vicariously liable. Instead, we may sue the driver and the company they work for, which was contracted by UPS.

Negligent Entrustment or Hiring

Depending on how the accident happened, UPS may be directly liable. For example, if UPS hired a driver despite knowing the driver had a history of causing accidents, UPS may be held liable for negligent hiring or entrustment.

This may apply even if the driver is not an employee but an independent contractor. For some, this may be a viable workaround if vicarious liability does not apply.

Improperly Trained Employees

Another possible strategy is to review UPS’s safety and training procedures. We may need to review certain business records related to safety inspections and training for drivers from UPS. If we find that the driver was not properly trained or that certain safety protocols were too lax, we may sue UPS for failing to train its drivers and ensure road safety.

FAQs About Suing UPS for Injuries After an Accident in Pennsylvania

Can I Sue UPS After an Accident with a UPS Vehicle?

Possibly. If the UPS driver is an employee of UPS, we can sue UPS and have them held vicariously liable. If the driver is not an employee but an independent contractor, we may sue UPS only if we can prove that it is directly liable, for example, through negligent hiring or entrustment.

Should I File an Insurance Claim or a Lawsuit After an Accident with a UPS Vehicle?

Yes. Even if you know from the very beginning that you want to pursue a lawsuit against UPS, it is important to go through the insurance process first. It is possible that all your damages can be covered by insurance. If not, we can show the court that we have exhausted insurance options and you still have unpaid damages.

If I Sue UPS After an Accident, Should I Also Sue the UPS Driver?

Yes. In some cases, specifically those based on vicarious liability, it is necessary to include the negligent driver if we also want to include UPS. However, this may not apply in every case, and the driver may not need to be included if UPS is directly liable for the accident.

Will UPS Offer a Settlement After an Accident in Pennsylvania?

Maybe. UPS is a large company with significant financial resources. If it determines that a settlement is more economical than a trial, it may offer a sizeable settlement. However, settlements often do not cover everything a plaintiff is entitled to, and a lawsuit may be the best way to get the full extent of your damages covered.

What Evidence Do I Need to Sue UPS for an Accident?

You need extensive evidence about how the accident happened, why the driver is responsible, and why UPS should be held liable. We also need evidence of how you were hurt and what kind of costs you incurred. Medical records, photos and videos from the accident, UPS business records, and witness testimony are just a few examples of evidence we may need.

Ask Our Pennsylvania Truck Accident Lawyers for Help Today

Start your case with a free legal review from our Allentown, PA truck accident lawyers by calling The Reiff Law Firm at (215) 709-6940.