Hit by a UPS Truck in New York, NY? Here's What You Need to Know

If you’ve been hit by a UPS truck, you likely have a claim with both the driver and UPS, as the driver’s employer. An employer is generally liable for damages caused by a negligent driver under the theory of vicarious liability, for as long as the employee driving the UPS truck was acting within the scope of his employment at the time the accident occurred.

Damages include medical expenses, lost wages, and future lost earning capacity. It may also include property damage, physical pain, loss of enjoyment in life, emotional trauma, and pain and suffering.

Sharing Insurance Information

When property, another vehicle, or a pedestrian is hit by a truck (including a UPS truck), New York law requires that the driver stop to see if anyone is injured or if there is any damage, to share contact, license, and insurance information with the other party, and to call 911 or report to the nearest police station if someone has been seriously injured or killed. If the driver fails to observe this procedure, he can incur penalties which may include a fine, court costs, other fees, and jail time. 

Elements of Negligence

If you’ve been hit by a UPS truck, a personal injury attorney can help you prove that:

• the UPS truck driver owed you a duty of care
• the UPS truck driver breached that duty of care
• the UPS truck driver’s actions caused you harm, and
• because of the UPS truck driver’s actions, you’ve suffered a physical, emotional, and/or financial injury

In addition to the regular elements of negligence, your personal injury attorney must also prove that the driver was acting in the scope of his employment in order for UPS to be liable.

Acting Within the Scope of Employment

A UPS truck driver acts within the scope of his employment when he is on official duty doing official tasks for the company. Generally, a UPS truck driver will always be on official duty, just because it’s harder to use a UPS truck for a driver’s personal errands. However, in the rare instance that the UPS truck is not used on official duty, for example, if the UPS truck driver used the UPS truck for personal reasons, UPS may deny liability on the ground that the claim that the UPS truck driver was not acting within the scope of employment at the time that you were injured. However, due to the nature of work required in driving a UPS truck, more often than not, the driver will always be on duty and acting within the scope of his employment, because the driver generally does not use a UPS truck like a company car to run personal errands.

Evidence Required if You’ve Been Hit by a UPS truck

Gathering documentary and testimonial evidence is the first step to a successful claim.

To show that the UPS truck driver owed you a duty of care, your personal injury attorney can present the current traffic regulations prevailing for that particular area at that particular time the accident occurred. The traffic regulations show the standard of care required, which must be observed by all drivers.

To show that the UPS truck driver breached that duty of care, your personal injury attorney must show some violation of the standard of care expected among drivers. For example, if the UPS truck driver negligently ran a red light, violently swerved, was in the wrong side of the road, or was overspeeding, which led to the accident, one can argue that the UPS truck driver breached that duty of care that was expected to be observed among all drivers.

To show that the UPS truck driver’s actions caused you harm, your personal injury attorney must establish a causal relation between the breach and the damage. Contentious issues arise when an injury does not immediately appear after an accident. Sometimes, the initial injury is mild but becomes worse after time. This gives the employer the defense that the later injury was not caused by the accident.

Lastly, damages can be proven by medical reports regarding the injuries, photographs of the accident scene, photographs of injuries, medical bills and expenses, and a list of all property damage and repair expenses. If you are claiming for lost wages and future lost earning capacity, you need to show pay stubs, bank statements, and tax returns to show how much you were earning and a medical report from your doctor stating the time you need to stay home for recovery.

Filing a negligence case can be a complex matter. A personal injury attorney can guide you through the process, ensuring you do not lose your cause of action.  Although you have three years to file a negligence claim with the court, insurance companies may try to negotiate and delay your claim. You need to be ready to file your claim when nearing three years because the three-year period does not stop, just because you are still in negotiations with the insurance company. Sometimes, if you do it yourself, the insurance company might try to negotiate with you for a long time, just enough for the statute of limitations to expire and for your period to file a lawsuit to lapse. Most lawyers will accept personal injury cases on contingency, where payment is made as a percentage fee based on the success of the case.

If you’ve been hit by a UPS truck, we at the Law Offices of Albert Goodwin are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].