Facing a car accident can cause extreme strife and hardship in one’s life. Even a small fender bender with a tiny hybrid can be traumatic, and cause extensive damages to your well-being and the care of your car. When the smallest vehicles can cause such issues, you might shudder at the thought of the potential issues with something larger – like a commercial UPS truck…
Sadly, these accidents are all too often the cause of long term damages, and can even be lethal. If you or a loved one live in Ohio and are involved in an accident with a UPS truck, there are things you need to know.
First, you could be the beneficiary of compensation if you are not at fault.
However, it must be mentioned that the last thing a company like UPS wants is to make a large payout. They will try to avoid this with a legal team, drawn-out court dates, and denying liability for the accident. Our firm despises this lack of culpability, and have dedicated ourselves to prevent this from occurring with our clients. If you find yourself in this situation, please know that there is help available to you. There are specific steps you can take to help make your case. The following tips will help you if you have a car accident involving a UPS driver.
First and foremost, stop for a moment and give yourself a once over.
Are you feeling disoriented, dizzy, or sick? If you need medical attention, call 911 immediately. Before you can do anything else, it is paramount that you take care of yourself. Don’t push aside even the smallest discomfort, as it is common to have injured your neck, back, or spine without noticing it at first. This may seem odd, but when your body is put into flight-or-fight response, it may be difficult to ascertain the true nature of your injuries. If you do not get medical attention at the immediate time of the accident, it is still important that you visit a doctor in the next 24 hours. Request hard copies of the doctor’s report for your claim, and tell your physician that you were involved in an auto accident with a UPS truck.
Next, call the police.
Do not let the driver leave until they arrive. Have them come to the scene to file a traffic accident report. State the facts from your point of view, and do your best to remain calm and collected while doing so. You can ask the arriving officer to tell you who they cite to be at fault on the record. Also make a note of when you can expect it to be filed. Usually, this will happen in a few business days.
Like any other traffic incident, you should be sure to collect information from the UPS driver. Record their name/driver ID, the make and model of the vehicle, their insurance information (including any coverage provided by UPS) the license number, and also, whether they were actively working a shift or not. Before vehicles are moved or you leave the scene, try to make a clear physical record of the incident. Some important details to document are:
Date/Time it occured
Was it raining, foggy, sunny? Weather conditions could be a factor to negligence.
Pictures of all vehicle damage
Other details that may explain why the accident happened (sthe driver ran a red light, failed to use a turn signal, didn’t break, ect)
Put all of the information together to make a clear record of what happened. The more thorough you are, the better off you will be. Keep an eye out for any potential witnesses. If someone saw the accident, you may ask them if they would be willing to make a statement. Get their phone number and email.
Once you feel like you’ve collected all the evidence you can, the next step is to contact your insurance company
Call the UPS representative as well. (contact UPS at 1-800-742-5877) Don’t be surprised if UPS tries to claim that they aren’t liable for their driver – they often hire independent contractors, and try to use this as a loophole in these cases. Or if an employee was technically off duty (like a lunch break) or running a personal errand, the company can claim they were not at fault because it was outside the daily duties of the driver.
However, this does not mean that your claim is invalid – you just may need to take extra steps. No matter the circumstances of your accident with a UPS truck, or how UPS reacts, it can be tough to file a claim on your own. Don’t be afraid to reach out for extra resources.
Personal injury attorneys have dedicated their careers to protecting people like you. Having a trustworthy firm represent you after a truck accident could be one of the best decisions you make during these trying times, and gives you the best odds to receive the compensation you need. Why give yourself more strife? Call us for a free consultation today – (937) 222-2030
Automotive accidents cause an array of difficulties in one’s life. If the incident is severe enough, at the very least it can easily frighten you, or dreadfully, cause an injury to you or damage to your vehicle. As if that isn’t grim enough, imagine being hit by a FedEx truck. Due to the sheer size of the average FedEx truck, the odds are your car will not make it through that particular experience unscathed.
If you live in Ohio and are hit by a FedEx truck – or someone working for FedEx – you may be entitled to compensation.
Even if you are clearly without fault in the incident, you should be aware that large companies such as this have a ready and waiting legal team whose only job is to keep lawsuits from going to court while still ensuring you don’t receive a fair payout.
We believe this practice to be inherently wrong, and do our best to prevent this from happening to our clients. If you do happen to suffer from this experience, please don’t despair. There are actions you can take to help make your case.
The following tips will help you if you are hit by a FedEx truck.
Before anything else is attempted, take the time to do a wellness check.
If you need medical attention, do not hesitate to call 911. Your health and safety should be your top priority. . You don’t want to risk leaving things unattended, as you may have jarred your neck or back and may not feel it during the adrenaline rush and shock of the accident. If you don’t feel comfortable calling for medical care at the scene, you should still follow up with a doctor in the next 24 hours. Make a point to keep copies of the doctor’s report for future reference, and be clear to your physician that you were involved in an accident.
Once this has been attended to, notify your local authorities.
Have them come to the scene to file a traffic accident report. Be clear and concise while telling your side of the story, and try to remove your feelings from your statement. Facts are more useful than feelings in these circumstances as it allows the officer to remain as objective as possible. You can request that the officer tell you who they cite at fault in the official report.
Beyond that, you follow up with them about the time frame in which they file their reports. Usually, this will occur in the next few business days after you are hit by a Fedex truck.
The next step is the same as you would follow in a any accident – collect information from the Fedex driver.
You should take down their name and driver number, the make and model of the vehicle, their insurance information (including if they have an extra policy provided by FedEx) the plate number, and even if they were working a shift at the time. Then, while everything is still fresh, you should document the accident as much detail as possible. The following items make a good checklist for the scene:
Date and time of the accident,
The street or intersection it occurred
Weather conditions at the time
Photos of any damage to either vehicle
Any other details that might be helpful for making a report (such as the driver running a red light, didn’t break, etc)
Make copies of all of this information. Another useful point to look out for is potential witnesses. If there were any witnesses to the incident, politely request if they would be willing to make a statement and ask for their contact information.
Once you have completed these tasks, you need to report the accident to your insurance company, and also to FedEx. You should note that it can be difficult to file a claim against the company itself – more and more delivery companies are hiring employees as independent contractors, providing a legal loophole in liability cases. However, there has been a push from the media and among legal circles in this regard after the major accident in Pennsylvania earlier this year that resulted in the death of five people. No matter the circumstances of your accident, these existing policies may make it difficult to pursue a claim on your own.
If you need guidance on how to receive the best possible outcome from the accident, you should contact a determined personal injury firm about the process. Having a firm represent you against FedEx can streamline the process of filing for a claim, and ensure you receive the compensation you deserve. Don’t make this more difficult on yourself than it already is. Help is only a simple phone call away. Contact us today at (937) 222-2030 to schedule your free, no obligation consultation with one of our personal injury attorneys.
Car accidents can be extremely disruptive. Getting into an accident with an Amazon truck can cause many more headaches than a regular car accident. Depending on the severity of the accident, they can easily frighten you, or worse, cause damage to you or your vehicle. What’s even worse is when you are hit by a large commercial vehicle. More likely than not, your car won’t win in that head-to-head.
If you live in Ohio and you get into an accident with an Amazon truck, you may be entitled to compensation.
Yet this corporate giant has a ready and waiting team hoping to keep those costs down as much as possible – and doing their best to ensure you don’t receive a payout. If you do get into an accident with an Amazon truck, you should follow the steps here to help ensure you receive the best possible outcome from the accident:
First of all, make sure you are okay.
If you need medical attention, do not hesitate to call 911. Your health and safety is of the utmost importance. Don’t put this up to chance, as you may have jarred your neck or back and may not feel it during the initial shock of the accident. Even if you don’t seek medical attention at the scene, you should follow up with a doctor in the next 24 hours, and keep copies of the doctors report for future reference.
Second, notify law enforcement, and have them come to the scene to file a report.
Be thorough in your recounting of the incident, but don’t let your feelings overwhelm you. Try to stick to the facts as much as possible, so the officer can remain as objective as possible. You can ask the officer who they cite at fault in their report – follow up with them at the scene to find out how long they have to file it. Usually, the report will be filed within seven business days.
The next step is the same as you would follow in a normal accident – exchange information with the Amazon driver.
You should take down their name and driver number, the make and model of the vehicle, their insurance information (including if they have an extra policy provided by amazon) the plate number, and also if they were on or off duty at the time. Along with exchanging information, you should document the incident as much as possible: the date and time of the accident, the street or intersection, weather conditions at the time, photos of any damage to either vehicle, and any other information pertinent to making a report (such as the driver running a red light).
Keep copies of all of this information. If there were any witnesses to the incident, ask them if they would be willing to make a statement and ask for their contact information.
After all this has been done, you should report the accident to your insurance company, and also to Amazon. While Amazon has a policy of often hiring independent contractors for their drivers (making it difficult to make a claim against the company itself) it doesn’t hurt to be thorough. Depending on the circumstances of your accident with an Amazon truck, it may be difficult to make a claim on your own.
If you have any questions about filing a claim, or just need guidance on how to receive the best possible outcome from the incident, you should contact a dedicated personal injury firm about the process. Having a firm represent your interests can extremely reduce the headaches of filing for a claim, and ensure you receive the compensation you deserve from an accident with an Amazon truck. Help is only a simple phone call away. Contact us today at (937) 222-2030 to schedule a free, no obligation consultation.
As the Coronavirus escalates, public roadways and highways have become empty in recent weeks as more people opt to stay in the safety of their homes. In an effort to reduce transmission among law enforcement officers, many police departments have also reduced the number and frequency of speed traps on highways. Many drivers appear to be taking advantage of the more open roads and lack of law enforcement, which has led to a dramatic increase in fatal car accidents nationwide.
A recent report released by the Governors Highways Safety Administration indicates a significant spike in speeding facilitated by the open highways. Many drivers have apparently completely thrown caution out the window, regularly hitting speeds of up to 100 mph. This, of course, makes the car accidents that do occur more dangerous.
The Governors Highways Safety Administration cautions every road user to adhere to set traffic safety laws, particularly during these unprecedented times where emergency response times may be longer and hospital resources are already stretched thin. The association is reminding road users to remain vigilant and follow all laws to avoid car accidents and reduce additional strain on hospital emergency rooms.
Recent car accident reports for 2020 to-date indicate that 17% of all traffic-related incidents involve pedestrians.
At the same time, the study indicates that pedestrians and bicycle riders have increased substantially in recent weeks following the decrease in motor vehicle traffic. More people sequestered at home means that more families are taking walks, going for bike rides and using our streets for entertainment rather than a means of conveyance. Drivers should be extra cautious of the increase in foot traffic.
The Governors’ Report suggest a significant increase in the number of speeding tickets issued in recent weeks.
Notably, some states have reported a reduction in crashes, but the few recorded accidents have turned out to be severe or even fatal, mainly because of over-speeding and reckless drivers. You may be tempted to put your foot down on a clear, unobstructed stretch of highway, but you should avoid this temptation at all costs.
Whether you are a driver or a pedestrian, obeying traffic rules is vital to keeping our roads and highways safe and accident-free as the country grapples with fighting this national pandemic. If you have been unfortunate enough to be involved in a car accident, you need an experienced car accident attorney on your side. Cowan & Hilgeman Law is one of Dayton’s top rated car accident attorneys. Call (937) 222-2030 today to schedule your FREE, no obligation phone or video consultation. If we don’t win your case, you don’t pay a penny.
At the offices of Cowan and Hilgeman we believe that our clients are more than just a case.
When you come to our firm we will treat you with the dignity and respect that every human being deserves. We will help you to make sense of this difficult time in your life, treating each case individually with an approach catered to your needs. More than that, we will dedicate ourselves tirelessly on your behalf, providing the stalwart service our clients have come to expect since 1994.
At this firm, we have high standards, which is why we are consistently rated as one of the top law firms in Dayton.
Yet the most satisfying achievement for us is the trust our clients have in us and the satisfaction they have with our representation. We are touched that so many individuals have entrusted their cases with us, and we just wanted to thank all who have sought out our help, and taken the time to share their experiences. We could list our strengths all day, but don’t take our word for it. Listen to what your neighbors have had to say about us:
If you have experienced an injury at no fault of your own, and are unsure what steps you need to take next, give us a call at 937-222-2030 for a free case evaluation today. We’re one of the top rated law firms in Dayton for so many reasons.
Since the local government owns RTA busses in Dayton, Ohio, special rules apply when they get into an accident. Governments in the United States have special protections against lawsuits called Sovereign Immunity. You can still file an injury claim or bus accident lawsuit against a government-owned bus line, if specific rules are followed. It helps to have an experienced bus accident attorney on your side.
Injury claims against the government are made under the rules of the Tort Claims Act for federal agencies. Many states and municipalities have adopted their own version of the Tort Claims Act to handle injury claims by private citizens.
Filing an injury claim under the Tort Claims Act is different from filing one against a private person or company. Claims against government agencies have special forms to complete and firm deadlines. If your forms are late or incorrect, you may lose your right to compensation.
You will have to file a “notice of claim.”
Use the exact claim form required by the agency responsible for the bus accident. Most claim forms must include:
Your name and address
A description of when, where and how the bus accident happened
A description of your damages, such as your medical costs, lost wages, broken glasses, etc.
A statement of your intent to seek compensation for injuries and property damage caused by the agency’s employee, for example, the bus driver.
Be sure to submit the notice on time, and to the right place. Keep a copy for your records.
Keep an Eye on the Statute of Limitations
In Ohio, you have two years from the date of the accident in which to file a claim. The clock starts running immediately, no matter how badly you were injured. If you miss the two year window, your claim will be thrown out. For more information on the Statute of Limitations in Ohio, please go to this article.
Bus Accidents and Common Carrier Laws
Any individual or business licensed to transport passengers for a fee is known as a common carrier. State and federal laws closely regulate most common carriers. The law holds carriers to a very high standard for the safety of their passengers, called a duty of care. Common Carriers must do everything reasonably within their power to avoid injuries to their passengers.
Common carriers’ duties of care include:
Making entryways and exits safe for passengers (good lighting, no obstructions, etc.)
Providing security where necessary to ensure the health and safety of passengers
Hiring qualified bus drivers
Maintaining bus engines, motors, and other machinery
Monitoring and correcting bus design flaws
When a bus company or agency violates their duty of care, they’ve become negligent, meaning they did something wrong or failed to do what they’re supposed to do to keep passengers safe.
Examples of negligence that cause bus accidents include:
Bus drivers under the influence of drugs or alcohol
Bus drivers who aren’t qualified or properly trained
Drivers working without enough sleep
Poorly maintained buses and equipment
Improperly loaded or overloaded buses
Proving Bus Accident Negligence
To win your bus accident lawsuit, you have to prove the carrier’s negligence was the cause of your injuries. Because common carriers have a higher duty of care to passengers, you won’t need as much evidence to prove your case as you would in other injury claims. But you should still collect as much evidence as you can.
Evidence to support your case will include:
Photographs taken at the time of your injury and several days after
Incident or police reports
Your written recollections about the accident and your injuries
In addition to evidence of fault for the accident, you’ll need to collect evidence of your injuries, such as:
Your medical bills and records
Receipts for out-of-pocket expenses
Proof of your lost wages
Filing a personal injury claim is never easy or straightforward. When you’re going up against the Government – at any level, local, state or federal – it is important to have an experienced personal injury attorney on your side. The personal injury attorneys at Cowan & Hilgeman Law have successfully fought countless personal injury suits – including plenty of claims that other law firms routinely reject. Call (937) 222-2030 to schedule your FREE consultation with an experienced Bus Accident attorney.
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