How to Determine Liability if Hit by a UPS Truck?
Posted on: October 4, 2024
UPS is one of the nation’s largest and most trusted package delivery services. UPS has trucks on the road every weekday running regular routes and making deliveries throughout each of them.
Whenever a business has commercial vehicles on the road during the busiest parts of the day, accidents are bound to happen. After all, those vehicles are on the road when most vehicles are out, and the drivers put in potentially long hours.
If you are in a truck accident that involves a UPS vehicle, it is important to determine which parties are liable. When it comes to commercial trucks owned and operated by companies like UPS, the fault could vary, which makes it important to identify all liable parties.
Owner Liability Applies to Commercial Trucks
UPS must ensure that its drivers are qualified and its vehicles are in good condition for use on public roads. UPS also needs to ensure drivers maintain their commercial driver’s licenses and practice safety while making deliveries or transporting truckloads of goods from one location to another.
Any lapse in training, driver certification, or vehicle maintenance makes UPS at least partly liable for any accidents caused. Even if UPS has done its best and a driver simply made an error that caused an accident, UPS still could be found partly liable for injuries and damages that the accident caused.
Drivers Are Liable for Causing Accidents
UPS drivers who make mistakes most certainly are liable for causing accidents. Fortunately, commercial truck insurance typically has higher policy limits than most private passenger vehicles.
When a UPS driver clearly causes an accident, virtually all costs should be covered. New Jersey is a no-fault state that requires auto owners to carry Personal Injury Protection (PIP). Any injuries that you or any passengers might suffer should be covered up to policy limits with the PIP coverage. The PIP coverage does not include property damage, lost earnings, or pain and suffering. It also does not cover costs that exceed policy limits. You would need underinsured motorist protection to sue.
Third-Party Liability Might Apply
Many commercial trucking companies hire third parties to provide them with maintenance and repair services. UPS typically does its own vehicle maintenance and repairs, but some services are farmed out to third parties.
For example, UPS obtains parts, tires, and materials from various suppliers, parts-makers, and manufacturers. It also might farm out certain repairs, such as replacing a transmission, to special-services garages.
If those components are defective or a third party performs poor maintenance that leads to an accident, those third parties might be liable for damages. An experienced truck accident lawyer can help you determine which parties are accountable for liability if a UPS truck smashes into your vehicle.
Get Help from an Experienced Freehold Truck Accident Lawyer at Ellis Law
The Freehold truck accident lawyers at Ellis Law can help to determine liable parties and hold them accountable. Call 732-308-0200 or complete our online form to schedule a free consultation at our law office in Freehold, New Jersey. We serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
