With more people shopping online today, the number of delivery vehicles sharing the roadways has dramatically increased, especially with regards to FedEx and UPS trucks and vans. In spite of the conveniences offered by these vehicles and package handlers, New York residents are often the ones to pay the price of reckless delivery drivers. When these large private delivery vehicles collide with other vehicles, bicyclists, or pedestrians, they can cause catastrophic injuries that follow the victims for the rest of their life.
If you were injured by a FedEx or UPS driver that acted negligently, then you should reach out to the New York private delivery accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, immediately. Our legal team can thoroughly review your case and advocate for full compensation from the at-fault party. Call us today at (212) 986-7353 to schedule a free consultation.
FedEx and UPS delivery vehicles are much larger and heavier than the average passenger vehicle and are actually more similar to a 15-passenger van than anything else. In a rear-end accident, occupants can suffer severe neck and back injuries, and the matter is even worse for pedestrians. Their design also makes them more prone to rollovers, which occurs when the vehicle tips over and collapses on its side. Nearby drivers, pedestrians, and cyclists are all put at risk of being injured when these terrifying events occur.
Package handlers are also pushed to deliver orders at record times and to overload their vehicles to keep pace with major brands like Amazon. This can cause them to take risks, such as speeding, driving while fatigued, and ignoring traffic signs. Any situation where a high-powdered, heavy vehicle breaks traffic laws cannot end well, and other people tend to suffer the consequences.
Common delivery accidents that can occur include:
- Rear-end collisions with lighter vehicles
- Illegal stops in residential communities or packed streets
- Sideswiping other vehicles or cyclists while improperly changing lanes
- Reversing carelessly after passing a destination and hitting an oncoming vehicle
- Suddenly braking while looking for an address
- Reckless turns at intersections
- Improperly secured loads and packages falling out of the vehicle
Each of these scenarios can cause devastating injuries, often as a result of a careless delivery driver.
Many factors can contribute to delivery accidents, but the most notable is driver negligence. Drivers are expected to be fully in control of their vehicles and aware as they go about their route, otherwise, they put other drivers at risk.
Common causes of delivery accidents include:
- Fatigued driving
- Distracted driving
- Sudden stops
- Improperly loaded cargo
- Improperly maintained vehicles
- Insufficient driver training
While there are several contributing factors in a delivery accident, it takes an in-depth investigation and a wealth of evidence to receive proper compensation from a commercial liability insurance policy.
After a collision with a private delivery vehicle, it is essential to gather as much evidence as possible as quickly as possible. Insurance companies will be resistant to paying out full compensation for your injuries unless you can clearly outline how the driver was negligent. However, our New York personal injury attorneys are well-versed in dealing with at-fault insurance companies and can thoroughly review your accident to determine fault and liability. In addition, we can secure the necessary evidence to support your claim, such as:
- Police reports
- Medical records and bills
- Photographs of the accident scene
- Eyewitness testimony
- Security camera footage
- Data from the vehicle’s black box
- Driver’s records
- Cell phone records
Both FedEx and UPS have liability insurance policies to cover bodily injury and property damage to third parties, which apply to other drivers, motorcyclists, pedestrians, and bicyclists. For FedEx Ground and FedEx Freight, the commercial general liability policy limits are $5 million. In contrast, UPS also has auto liability coverage with policy limits of up to $1 million.
If you have been injured in a crash with a private delivery truck, your best chance of recovering full compensation is to have an experienced attorney by your side. These large delivery companies and their insurers will have teams of lawyers, investigators, and adjusters to challenge the facts in an insurance claim and are fully prepared to deny you coverage after an accident.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, our New York truck accident attorneys have the knowledge, skills, and resources to fight for the compensation you deserve. Our attorneys have been awarded membership in the Million Dollar Advocates Forum and are listed as among New York Super Lawyers®, so there is no doubt that we can provide the best legal services in the city. If a delivery driver injured you, call us today at (212) 986-7353 to schedule a free consultation.
Bryce Moses represented a young woman who was run over by a garbage truck in Brooklyn that shattered her ankle in three places.
The plaintiff asserted that the injuries suffered in the collision with the truck will permanently prevent her from working.
Kenneth Halperin, Philip Russotti
Joseph Stoduto and Cliff Shapiro were able to settle a truck accident case for the amount of $3,000,000 on behalf of a 45 year old delivery man from Queens.
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Cliff Shapiro obtained a recovery for a 32-year-old male who was in the course of his employment with Access-A-Ride when his vehicle was struck by a flatbed tractor trailer.
WRSMH attorneys obtained a $1,800,000 settlement a year before trial for two plaintiffs who were injured after they were struck by a garbage truck.
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This motor vehicle accident involved a 43 year old woman who was rear-ended by a New York City Department of Sanitation truck.
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WRSMH attorneys Clifford Shapiro, Robert Bellinson and Joseph Stoduto were able to obtain a settlement in the amount of $1,500,000 on behalf of a fifty-one year old librarian from Bronx County.
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The plaintiff, a 29 year old male, was injured when he was a back seat passenger of a car that was sideswiped by a commercial truck which caused the car to be pushed off of the road into a tree.
Plaintiff sustained injuries to his knee and spine after his vehicle was rear-ended by a truck.
Philip Russotti and Brielle C. Goldfaden obtained a $1.3 million settlement after jury selection on a trial against the City of New York, the New York City Fire Department and an FDNY employee.
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Our client in this case was a 37-year old man who was injured when his parked school bus was sideswiped by the defendants' commercial truck.
Joseph Stoduto and Bryce Moses were able to obtain a settlement in the amount of $1,150,000 on behalf of our client, a 35-year-old man from Kings County.
Joseph Stoduto, Bryce Moses
Our client was a 60 year old man who was stopped at a red light when defendant, who was driving a mack truck while performing garbage collection in Brooklyn, struck him in the rear.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney settled the case of our client being rear ended by an electrical contractor truck on the Van Wyck expressway.
Joseph Stoduto was able to obtain a settlement in the amount of $750,000 on behalf of our client, a forty year old man from Queens County.
Joseph Stoduto was able to obtain a settlement in the amount of $205,000 on behalf of our client, a thirty year old man from Kings County, NY.