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How to Prove That a FedEx Driver Was at Fault for My Collision

Posted on July 18, 2022 in

FedEx delivers millions of packages per day to customers’ homes, relying on their delivery drivers to make the final stops. While FedEx drivers are trained to operate their vehicles safely, many people are injured in collisions with these employees every year.

If you are injured in a FedEx accident, you have the right to pursue a claim against the driver and recover compensation for the losses that you suffered. However, you will need to gather sufficient evidence to prove that the driver was at fault for your collision.

How to Prove That a FedEx Driver Was at Fault for My Collision

The Elements of a Successful FedEx Accident Claim

To prove that a FedEx driver was responsible for your accident, it is important to understand the facts that you need to prove to win your case. Specifically, you and your lawyer will need to gather enough evidence to establish four important elements: duty of care; breach of duty; causation; and damages.

  • Duty of Care: First, you will need to prove that the FedEx driver owed you a duty of care at the time of the accident. All motorists have a duty to drive their vehicles safely and follow all relevant laws, including regulations for commercial drivers.
  • Breach of Duty: Next, you will need to show that the FedEx driver breached his or her duty of care in some way. Examples of breach of duty include running a red light; driving over the speed limit; or driving while distracted or fatigued.
  • Causation: After you establish the FedEx driver’s breach of duty, you will need to show that the breach caused your accident and your injuries. For example, if a FedEx driver ran a red light, you will need to show that the accident would not have occurred if the driver had obeyed the traffic signal.
  • Damages: Finally, you will need to prove that you suffered damages that you could recover in your claim. These damages may include medical expenses, lost wages, pain and suffering, and property damage.

Evidence Needed to Prove a FedEx Accident Claim

There are several pieces of evidence that you could leverage to prove your FedEx accident claim. For example, you can speak to witnesses who saw the accident occur and ask them to testify about what happened. Your attorney can help you gather surveillance footage from the area, internal records from FedEx, and testimony from expert witnesses to further prove your case.

Many documents can help you prove that the FedEx driver was responsible for your accident, such as the following:

  • Medical records and bills
  • Correspondence with your employer
  • The report created by the police who responded to the accident
  • Photographs and videos from the accident scene

Contact a Portland Delivery Truck Accident Attorney

If you are injured in a FedEx accident, proving the driver’s liability can be a challenge. A Portland delivery truck accident lawyer can help you gather the evidence necessary to prove your case and establish your right to compensation.

Your attorney will be familiar with Oregon delivery accident liability laws and can work to craft a compelling case in your favor. Contact a lawyer as soon as possible after your accident to discuss your next steps and start building your case for compensation.