FedEx Truck Accident Lawyer
Accidents involving commercial vehicles are rarely straightforward, and crashes involving FedEx vehicles are no exception. Companies like FedEx have highly specialized attorneys, insurance adjusters and defense experts whose sole purpose is to protect the trucking company’s bottom line.
The team at Barton Trial Attorneys builds FedEx truck accident cases from the ground up. We review the evidence, determine all responsible parties, and stand up to the insurance companies defending the truck drivers’ dangerous behavior. Barton Trial Attorneys is an elite, nationally recognized law firm; our personal injury lawyers handle a select few cases, so we can take the time to get each client the compensation they deserve.
When you work with our FedEx truck accident attorneys, you are not a file. You are family. Call Barton Trial Attorneys today for a free consultation.
Speak with a FedEx Truck Accident Lawyer
The Barton Difference: We Argue Stories, Not Just Facts
We are not just good trial lawyers. We are master storytellers who tell the true, compelling stories of everyday people who have been injured. We use the complex language of law, but also plain English, to tell stories that juries understand: stories that get better results. Our cases change not only our clients’ circumstances, but also the behavior of others, and the future direction of the law.
How FedEx Crashes Happen
No two truck accidents are the same, however, many FedEx truck crashes have similar causes. The team at Barton Trial Attorneys frequently sees truck accidents stemming from common causes:
- Driver fatigue. This remains one of the most persistently underreported causes in commercial crash data because a tired driver rarely admits it and a dead one cannot.
- Peak-season volume. Late fall and December bring surge hiring, unfamiliar routes, longer days, and novice drivers.
- Distraction. Forensic analysis can prove exactly what a driver was doing at the moment of impact; in many cases, it involves phone use or other digital distractions.
- Negligent hiring, training, and supervision. When a contracted service provider is under pressure to fill a seat, background screening and training may be overlooked.
- Deferred maintenance. Brake defects are the single most cited mechanical factor in serious truck crashes.
- Backing, blind spots, and right-turn squeezes. Delivery vans operate where pedestrians and cyclists are, and back up in places no tractor-trailer would ever go.
- Improper loading. Weight distribution in a trailer packed to a schedule rather than a plan causes rollovers and jackknifes.
- Unsafe stopping and parking. A truck stopped in a travel lane with a package in hand can easily cause rear-end and swerve collisions.
FMCSA Regulations: The Federal Rules That Frame Your Case
The Federal Motor Carrier Safety Administration (FMCSA) writes the rules that govern interstate trucking, and the federal motor carrier safety regulations supply the standard of care in most of our cases: hours of service, driver qualification files, drug and alcohol testing, systematic inspection and vehicle maintenance, and cargo securement. FMCSA also maintains public safety data (inspection results, out-of-service rates, and crash history and so on) with every motor carrier.
3 Types of FedEx Truck Accident Case
FedEx moves millions of packages a day across one of the largest private ground fleets in the world. You have almost certainly seen their tractor-trailers on I-84, box trucks on the 101, and sprinter vans threading residential streets of Portland, Salem or Bend. The size of that network means accidents involving a FedEx vehicle come in three different shapes, and each one requires a different investigation.
Line-haul tractor-trailers: doubles and triples running between hubs, often overnight, at highway speed. These are massive vehicles with the capacity to do tremendous damage to other drivers or pedestrians.
Local pickup and delivery trucks: box trucks and step vans operating in traffic, backing across sidewalks, blocking lanes, and making the right turns that catch cyclists and pedestrians.
Contracted delivery vans: the last-mile fleet, where the question of who employed the driver becomes the central battleground of the case.
You will also have a different case depending on the employment status of the driver in the FedEx truck, not all of whom are employees of the company. FedEx Express drivers have historically been FedEx employees, and liability is usually straightforward; FedEx Ground built its network on contracted delivery businesses; in such cases, the employer may be a small LLC with a modest commercial policy. Your FedEx truck accident lawyer will be able to determine which structure applies in your case.
FedEx Truck Accident in Oregon? File Quickly Before Evidence Disappears
FedEx trucks generate far more data than a passenger car, and much of it can be overridden or deleted, legally, if a case is not filed promptly. Oregon courts can impose sanctions if a preservation letter is sent immediately; this is why you should always call a truck accident lawyer as soon as possible. The evidence to be protected includes, but may not be limited to:
- Engine control module and event data recorder downloads
- Electronic logging device records
- Forward-facing and driver-facing camera footage
- Telematics: speed, braking, following distance, hard-braking events
- Handheld scanner data showing every stop and its timestamp
- Dispatch messaging and route assignments
- Driver qualification file, training records, and prior incident history
- Inspection, repair, and maintenance records for that specific truck
- The contract between FedEx and the service provider, and the insurance policies behind it
- Driver phone records
What To Do After a Crash With a FedEx Truck
- Get medical care immediately and follow through on every referral.
- Photograph the truck’s markings, including the DOT number, the trailer number, and any contractor name on the door or the back.
- Do not give a recorded statement to any insurance company, and do not sign a release or medical authorization before a lawyer reviews it.
- Do not let your vehicle be repaired, sold, or scrapped. It is evidence.
- Get witness names and phone numbers, including the drivers who stopped.
- Request the police report and note the responding agency.
- Keep every bill, record, and receipt, and a short daily journal of symptoms and limitations.
- Call a lawyer within days. Camera footage and telematics can be overwritten in weeks.
Frequently Asked Questions about FedEx Truck Accidents
Can I sue FedEx if the driver worked as a contractor?
In most cases, yes. FedEx has long structured its ground delivery network so that drivers are employed by separately incorporated service providers. Responsibility can rest on FedEx’s control over the work, its negligent selection or retention of the contractor, or its own decisions about routes, schedules, and equipment. It is established with contracts, scanner data, dispatch records, and operating manuals, not with argument.
What compensation may I be entitled to?
Properly built, a claim arising from a crash with a FedEx commercial vehicle will account for:
- Past and future medical care, including surgery, rehabilitation, attendant care, and treatment of secondary complications;
- Lost income, diminished earning capacity, and the career that ended at the crash;
- Pain and suffering, disfigurement, and loss of enjoyment of life;
- Home and vehicle modification and durable medical equipment
- Property damage to your vehicle and its contents;
- Loss of consortium for a spouse, and in a fatal case, the losses Oregon’s wrongful death statute recognizes for the family; and
- Punitive damages, where the conduct was reckless or outrageous.
How long do I have to file a FedEx truck accident case in Oregon?
Generally two (2) years from the date of the crash under ORS 12.110, and three (3) years for wrongful death under ORS 30.020. If a public body owned or operated a vehicle involved, written notice is required within 180 days under the Oregon Tort Claims Act.
The insurance adjuster called and offered a settlement. Do I accept it?
Talk to a lawyer first. The adjuster works for a company whose job is to close your file for as little as it will take. Recorded statements are taken to lock in words that can be used against you later, and early offers arrive before anyone knows what your care will actually cost.
FedEx already admitted the crash was its fault. Do I still need a lawyer?
Yes. Liability is usually the easier half of a case. Damages, or the cost of what you lost, is where the money is decided. A competent truck accident lawyer will make a compelling argument for all past and future medical bills, time away from work, pain and suffering and even punitive damages in cases of egregious misconduct (see Moutal v. Exel, Inc. vs. U.S. District Court, District of Oregon).
What is my case worth?
This depends on the severity and permanence of the injury, the strength of the liability evidence, the insurance coverage available, and how well your case is prepared and presented. We strongly recommend working with a truck accident attorney; studies show that attorney-represented claimants receive larger settlements or verdicts than unrepresented claimants.
How much insurance does FedEx carry on their trucks?
FedEx carries $1 million at the corporate level; however, there are usually layered excess policies and substantial self-insured retentions. If the negligent driver worked for a contracted delivery business, the first insurance company on the file may be a modest commercial auto policy, and the defense may encourage you settle against that policy while the corporate coverage never enters the conversation. Always speak with a FedEx truck accident attorney before settling your case.
Are delivery van cases smaller than semi-truck cases?
Not necessarily. A step van at 30 miles per hour can cause a catastrophic injury to a pedestrian or cyclist, and van cases can raise the hardest liability and coverage questions in the FedEx system. We evaluate the case by the harm and the conduct, not by the size of the truck.
What if a FedEx truck hit a cyclist or pedestrian?
These are among the cases we know best. Moutal was a cyclist case we tried to a $4 million punitive verdict in federal court in Oregon. Delivery routes put large vehicles in bike lanes, crosswalks, and sidewalks on a schedule, and the conduct that follows is frequently more than ordinary negligence.
Can I recover if I was partly at fault?
Yes, as long as you were not more than 50 percent at fault. Under ORS 31.600 your recovery is reduced by your share of fault; at 51 percent you recover nothing. Expect the defense to argue you were in a blind spot, braked suddenly, or were not visible. Those arguments are answered with accident reconstruction experts.
What if my family member was killed?
Oregon’s wrongful death statute allows the estate to seek compensation for medical and funeral expenses, lost income and support, and the loss of society and companionship the family suffered. You may also be entitled to noneconomic damages of up to $500,000.
What does it cost to hire Barton Trial Attorneys?
Nothing upfront. We work on a contingency fee, which means we collect no retainer, front all the money for trial costs, and collect no fee unless we recover for you. Your initial consultation is always free.
Hit by a FedEx Truck? Talk to Barton Trial Attorneys.
Call (541) 265-5377 for a free consultation with our FedEx truck accident attorneys. We will tell you honestly whether you have a case, what it will take to prove it, and what you can realistically recover. We take no fee unless we win.
Barton Trial Attorneys: Where you’re not a file. You’re family.