The Federal Motor Carrier Safety Administration (FMCSA) recently rejected UPS’s second request to be exempt from particular safety requirements. One of those requirements was a mandatory two years of experience for long-haul truck drivers. With the first request, the FMCSA stated that the company failed to demonstrate that they would be able to either maintain or exceed a certain level of safety without the two-year requirement.
After the first rejection, UPS filed a petition in July 2020 for the organization to reconsider its decision. But the decision was the same, as the company failed at doing the bare minimum. The petition still failed to convince the FMCSA that their drivers could meet an acceptable level of safety.
How dangerous are UPS drivers?
For those of us who have been victims of UPS truck accidents, this is a great thing. The last organization that needs to be exempt from anything is UPS. Even with the required safety standards, UPS drivers were still hurting innocent people with their negligence. Per the FMCSA’s Safety and Fitness Electronic Records (SAFER) system, UPS trucks were involved in 2,893 crashes in the last 24 months, resulting in 1,040 injuries and 70 fatalities.
Common causes of Phoenix UPS accidents
UPS employees work on tight deadlines. They are expected to deliver packages under a certain time limit. That is one of the common reasons for so many UPS truck accidents. When they need to meet a deadline, drivers may commit all types of dangerous driving violations. Some of them include speeding, distracted driving, and reckless driving.
Other common causes of UPS accidents include improper vehicle maintenance or truck loading. A company like UPS that is known for its incompetence is not properly maintaining their vehicles. The more worn down a truck is, the more likely an accident can happen.
UPS employees can also cause accidents when they store too many packages on the truck. This often happens because workers want to cut time on their deliveries. Putting too many packages on a truck is an example of improper loading. When that happens, the driver is at risk of losing control of the rig and causing serious accidents.
Holding UPS accountable after a Phoenix accident
One of the most common group of people injured in UPS accidents are pedestrians. UPS drivers fail to notice pedestrians until it’s too late, especially when they’re rushing to complete a delivery. Motorists and motorcycle riders are also at risk of getting hurt by negligent drivers.
When you or a loved one have been hurt by a UPS driver, you are eligible to file a claim against the company. Like any other company, UPS carries an insurance policy for situations like truck accidents.
The company’s insurance agents will argue that their insurance policy does not cover your entire compensation, but that is not true. UPS has a liability insurance coverage of $1 million for their drivers. They have more than enough coverage for your damages.
Why UPS is going to fight to settle your case
There are many reasons why UPS would want to resolve your claim through a settlement, and one of the main reasons is to avoid publicity. UPS does not need any more negative press. If the news discovers that there is a rise of UPS accidents, it can make the company look even worse than they already are. When you reach a settlement with UPS – or, indeed, with any party or entity –, the settlement award can be made private as part of the deal. Not only does UPS get to avoid saying how much they paid, but YOU won’t be able to tell anyone, either. And while most people prefer to keep the outcome of their cases confidential anyway, you could end up in legal hot water if you violate that part of the agreement.
Another reason they’ll fight to settle? Because UPS cares about profits, not people. Even though a settlement might sound great, don’t think that the insurance agents will play fair. Insurance agents want to pay out as little for claims as possible. To do this, they will fight to deny your claim based on some outlandish reason, or offer a settlement that is not enough for your losses. They have a whole army of lawyers at their beck and call for just this reason.
To reach the outcome that you want, you must effectively prove the fault of the UPS driver. You can do this through different types of evidence, like videos, photographs, and copies of medical records. An experienced Phoenix injury attorney from our firm can help. We’re not afraid to take your case to court if that’s what it takes to get the best possible outcome for you.
At Plattner Verderame, P.C., we understand how scary it is to be struck by a UPS truck. Like other negligent parties, UPS deserves to be held accountable for your injuries. Our auto accident lawyers are ready to represent injured Phoenix and Tempe residents. Call us today at 602-266-2002, or submit our contact form. We represent clients on a contingency fee basis, which means you will not have to pay unless we reach a settlement or a verdict in your favor.
Nick is a member of the State Bar of Arizona, the Arizona Association for Justice (formerly the Arizona Trial Lawyers Association) and the American Association for Justice (AAJ). He currently serves on the AAJ’s Political Action Task Force and its Oversight Committee, and on the Board of Governors for Revitalization in Arizona.
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