FedEx Truck & Van Accidents
FedEx trucks are a familiar sight on Georgia roads — from highways to neighborhood streets. Since the company started in 1971, it’s become a cornerstone of package delivery in the U.S., serving both individuals and businesses. Today, with FedEx delivering more than 5 million packages a day (and that number is growing), their drivers are on the road almost constantly.
But with that increased presence comes increased risk. As deliveries rise, so do accidents involving FedEx trucks and vans. From long hours behind the wheel to pressure-packed delivery schedules, there are several factors that can lead to serious — and sometimes devastating — crashes. Here’s what to know if you or someone you care about is hurt in a FedEx-related accident.
Are delivery truck accidents common?
Traffic data shows that the number of motor vehicle accidents involving large trucks and delivery vehicles has been steadily increasing in recent years. FedEx boasts a fleet estimated to be over 80,000 delivery trucks. These vehicles are, therefore, common fixtures on our roads and interstates.
With thousands of FedEx vehicles on the road every day, the potential for collisions — whether due to driver error, vehicle malfunctions, or other factors — remains high. While most of these accidents are non-fatal, many incidents result in serious injuries, including fatalities,
What causes FedEx truck and van accidents?
There are several factors that contribute to the incidence of FedEx truck and van accidents. Some common causes include:
High delivery demand
Since the COVID-19 pandemic, the rise of e-commerce has fueled a major boom in online shopping. In fact, experts estimate that over 20% of all shopping now takes place online, with projections suggesting this figure will surpass 22% by 2027.
In order to keep pace with this increase, FedEx has ramped up its delivery operations to meet and accommodate consumers’ expectations for fast shipping and seamless service. FedEx and other logistics companies have had to add more vehicles to their fleets to achieve these fulfillment goals. This is increasing the likelihood of accidents involving delivery trucks and vans.
Strict delivery deadlines
FedEx drivers work under intense pressure to meet tight delivery windows, particularly around holidays. This urgency may lead to speeding, reckless driving or failure to follow traffic laws, all of which can result in serious accidents. The risks associated with these behaviors are further compounded around the winter holidays when road conditions may be periodically impacted by adverse weather like snow and ice.
Driver fatigue
Long hours behind the wheel and demanding schedules can lead to driver fatigue, making them more prone to mistakes. Driving while tired can lead to slower reaction times and may lead some drivers to engage in other dangerous behaviors to help them stay alert,ranging from engaging in potentially distracting phone calls to utilizing illegal substances. All of these factors can make drivers less aware, attentive and functional.
Insufficient training and oversight
Many FedEx delivery drivers are independent contractors rather than direct employees; although they function as employees. As a result, they may not receive the same level of training, supervision or accountability as full-time employees. This lack of oversight can further increase the risk of errors, dangerous behaviors and accidents.
Poor vehicle maintenance
One thing that sets FedEx apart from other logistics companies is the fact that many of their trucks are owned independently. Many FedEx drivers are directly responsible for the maintenance and operation of their delivery trucks, resulting in a less streamlined approach to safety and maintenance protocols. If a driver fails to regularly maintain and service their vehicle, they may be more prone to problems with their brakes, tires and other mechanical components, thus increasing the risk of an accident.
Who Is liable for a FedEx truck or van accident?
Determining liability in a FedEx truck or van accident can be complex due to the company’s structure. Generally speaking, FedEx drivers work as independent contractors, which can significantly limit the company’s liability in the event of a motor vehicle incident. However, in recent years, legal questions have been raised as to whether FedEx can or should continue to classify its drivers as contractors rather than as employees.
These questions about FedEx’s employee structure are particularly pertinent in cases involving tort claims because Georgia’s liability laws may be applied differently depending on how an employee is classified. While independent contractors generally cannot be held liable for the actions of their independent contractors, state law dictates that exceptions can be made in the event that:
- The work performed by the contractor was inherently dangerous or illegal.
- The independent contractor’s actions violated a legal duty for which the employer was responsible.
- The employer exerted excessive control over the contractor’s work, thus making the contractor more like an employee.
- The employer approved the wrongful actions taken by the contractor.
The third point above has constituted a significant focus of recent legal challenges, as FedEx contractors assert that they have been misclassified as contractors while performing the same functions as employees. Because of these nuances, it is critical to consult with an experienced attorney to determine liability if you are involved in an accident with a FedEx truck.
Who is at fault under Georgia law?
Georgia follows a comparative negligence system when determining fault in motor vehicle accidents. This means that multiple parties can share responsibility for an accident, and any compensation awarded is adjusted accordingly.
For example, if a FedEx driver runs a red light and collides with another driver who was speeding at the time, both parties may be assigned a percentage of fault. If the other driver is found to be 20% at fault, their compensation will be reduced by that percentage. However, under Georgia law, if a driver is found to be 50% or more at fault, they cannot recover damages.
Understanding how comparative negligence applies to your case is crucial when seeking financial compensation after an accident involving a FedEx truck or van.
What to do if you’ve been involved in an accident
If you or a loved one has been involved in an accident with a FedEx delivery vehicle, taking the right steps immediately after the incident can help strengthen your case from the get-go. Here is an overview of the steps to take immediately following FedEx truck accidents:
- Seek medical attention: Your health and safety should always come first. You should seek medical attention immediately for any injuries incurred during an accident and render emergency care to anyone who is in critical condition following a serious accident.
- Call the police: A formal report can be helpful in providing an official account of an accident for use in future legal proceedings.
- Document the scene: Take pictures of any vehicle damage and visible injuries, and try to document any relevant road conditions.
- Exchange information: It is vital that you collect contact information and insurance documentation from all involved parties immediately following an accident. It is also important to gather contact information for any individuals who witnessed the accident.
- Talk to an attorney who has experience with truck accident cases: It’s especially important to find one who has experience handling cases involving big companies like FedEx.
Need legal representation after a FedEx truck or van accident?
Accidents involving FedEx trucks and vans can lead to serious injuries, including death, that may result in overwhelming burdens for motorists and their families. Given the complexities of determining liability and proving negligence in these incidents, having experienced legal representation on your side is crucial.
At Harris Lowry Manton LLP, we know how to handle complex truck accident cases. Our attorneys understand the nuances of Georgia’s liability laws and have the experience needed to build strong cases on behalf of injured clients. We fight for justice!
To learn more about how we handle FedEx delivery accident cases and other truck-related claims, contact us.
Jed Manton is committed to representing individuals and business that have been harmed by the actions of others. With a solid track record, Jed has helped numerous clients who have been seriously injured or who have lost a loved one obtain justice, while holding the wrongdoer accountable.
Read more about Jed D. Manton here.