Car Accident Caused by a UPS Delivery Driver 

Car accidents can be terrifying and cause serious mental, emotional, psychological, and cognitive injuries. Even when a person is not injured, the aftermath of a car accident is overwhelming and can be confusing. As if car accidents in Colorado are not concerning enough, drivers are at even greater risk when involved in an accident with delivery trucks. Accidents involving delivery trucks can cause serious injuries or death, even in low speeds. Accidents involving United Parcel Service of America (UPS) drivers can become especially complex. Understanding insurance and the steps to take after an accident with a UPS truck can make a significant difference. This is why the personal injury lawyers at Bowman Law created this guide to help you navigate the aftermath of a Colorado car accident caused by a UPS delivery driver. 

How Common Are UPS Truck Accidents?

UPS operates different types of vehicles, including semi-trucks, box trucks, and vans. The Federal Motor Carrier Safety Administration (“FMCSA)” classifies UPS vehicles as “large trucks,” as many of them weigh more than 40,000 pounds. According to the FMCSA, UPS operates approximately 134,000 vehicles and employs about 127,000 drivers. Moreover, collectively, UPS drivers log more than 3.5 billion miles per year. This is possible because the average UPS driver delivers 225 packages each day. It also bears mentioning these numbers increase during the holidays, as UPS hires up to 12,000 additional drivers during the busier seasons.

Unfortunately, more vehicles on the roads typically leads to more motor vehicle accidents. In fact, the FMCSA reported that, in the 24 months leading up to March 9, 2023, there were 2,886 accidents involving UPS vehicles, resulting in 1,204 injuries and 67 fatalities. In the two years between 2019 and 2021, there was an average of four UPS truck accidents per day.

UPS Truck Accident Causes

UPS operates its own training program. Despite these procedures, UPS drivers cause many serious accidents every year. Below, we break down the causes of Colorado car accident caused by a UPS Delivery Driver. UPS drivers must adhere to the commercial vehicle license requirements set by the United States Department of Transportation. In addition, UPS runs its own training program. Among many requirements, UPS drivers must complete three safety evaluations within their first 22 days as a driver. They must also pass an evaluation drive with a supervisor every six months. Moreover, if a driver is involved in an accident, they may be required to take an additional training course and could be subject to further disciplinary actions.

Despite strict safety rules, UPS drivers still cause several serious accidents. Most of the time, driver error causes accidents, although there are other causes. Common causes of UPS truck accidents include:

• Distracted Driving: UPS drivers often are looking at their phones, just as regular drivers do. In addition, UPS drivers are constantly looking for unfamiliar addresses and buildings. While they are looking for the correct destination, their eyes focus on surrounding buildings instead of the road.
• Driver Fatigue: UPS drivers do a lot of driving, often over 100 miles per day. They carry heavy packages and walk long distances. Drivers are often exhausted while they are on the road, further risking accidents.
• Vehicle Maintenance: While this may not be the drivers’ fault, UPS trucks break down or have faulty equipment. UPS is responsible for ensuring their vehicles are safe to be on the road.

Recently, the FMCSA conducted a thorough study of UPS drivers. In a 24-month period, the FMCSA found UPS drivers were cited 1,788 times for unsafe driving violations. They also found 239 driver fitness violations and 312 hours of service compliance violations.

Injured by a UPS Delivery Driver

If you are hit by a UPS delivery driver, it is crucial to follow the standard procedures for any car accident. Contact the authorities to create an official report of the incident and seek medical attention if there are injuries.

Furthermore, consider consulting with experienced personal injury lawyers who specialize in UPS accidents and liability. The personal injury lawyers at Bowman Law can provide guidance on understanding your legal rights and options for pursuing a claim against the responsible party, whether it is UPS, the driver, or other parties.

If you were injured in a Colorado car accident caused by a UPS delivery driver, be sure to adhere to the following recommendations:

• Photographs: Take photographs of the scene of the accident, including all the damages sustained by the vehicles involved. Try to get all information on the specific UPS truck, including license plate and any other identifying information.  Take photographs of the visible physical injuries that you suffered due to the accident.
• Insurance Information: Collect all insurance information of all the drivers that were involved in the accident. This may include UPS commercial policies and/or the driver’s personal insurance.
• Witnesses: Collect all witness information, including names and contact numbers.
• Contact the Police: Report the accident to police and provide all relevant information to ensure a thorough report is generated.
• Contact UPS: Contact UPS directly to file a claim. If you file an insurance claim with UPS, document all correspondence with the company and any adjusters. UPS may initially offer you a settlement for your vehicle or injuries, which may not be sufficient to cover all your damages. If you decide to seek a personal injury lawyer, it will be critical to bring them up to date on any interaction you have had with UPS since the accident.
• Seek Medical Attention: Get medical attention as soon as possible if you have been injured. Be sure you keep all records associated with the care received for your injuries. It is crucial to seek proper medical attention if you suspect you are injured in a UPS accident. Common injuries from UPS truck collisions include broken bones, whiplash, lacerations, and traumatic brain injuries. Symptoms may not be immediately apparent. You should seek emergency medical attention to determine the severity of your injuries, even if you do not believe you are seriously hurt.

While these tips will help you move forward with an insurance claim against UPS, it is also important to use your common sense. That said, contact an experienced personal injury lawyers to discuss your rights and responsibilities following an accident with a UPS Delivery Truck.

Liability for a UPS Delivery Driver

While UPS seems to employ a comprehensive training program, the company can be liable for accidents caused by its drivers, depending on the circumstances discussed below.

Employers are Responsible for Injuries Caused by Employees

The extent of UPS’s responsibility for car accidents caused by its delivery drivers depends on the driver’s classification as an employee or independent contractor. Generally, employers are responsible for accidents caused by their employees while performing job-related tasks. This principle is known as “respondeat superior.” If a UPS employee, therefore, causes a car accident while delivering packages, UPS may be held liable for damages caused by the accident.

Proving liability in such cases can be complex, and it often depends on various factors such as whether the driver was within the scope of their employment at the time of the accident. UPS may dispute liability by arguing the driver was not acting within their employment duties. In such cases, it is important to consult with qualified personal injury lawyers.  

UPS Personal Vehicle Drivers

Most of its drivers are UPS employees. UPS would therefore be liable for injuries caused by these drivers. However, UPS sometimes hires Personal Vehicle Drivers (PVDs). While PVDs are often hired for the peak holiday season, UPS solicits their services year-round. These PVDs temporarily drive for UPS and may not be considered “employees.” Determining liability in these situations can be complicated.

PVDs may be considered independent contractors rather than UPS employees. Independent contractors are typically seen as self-employed individuals responsible for their own actions, including their driving behaviors. If an accident occurs with an independent contractor, the primary responsibility may fall squarely on the driver.

Pursuing a claim against an independent contractor may still involve complexities, including sufficiency of insurance coverage, and it is advisable to consult with qualified personal injury lawyers to understand your options and hold the responsible people accountable. Relevant parties may include UPS, the driver, and entities responsible for the maintenance of the vehicle.

File a Claim Against a UPS Delivery Driver

If you need to file an insurance claim against a UPS driver, the process may vary depending on the driver’s classification. Most UPS drivers likely will be considered UPS employees. However, if you are hit by a PVD, you may have to file a claim against the driver’s personal insurance policy.

Accidents Involving a UPS Employee

For accidents involving employees, you should contact UPS’ department or proceed directly to the website that discussed the process with which to file a UPS claim following a car accident with a UPS delivery driver. They will guide you through the process of filing your claim. Common information needed to file your claim include the accident report, medical records, and evidence of your economic and non-economic damages.

Accidents Involving a UPS Independent Contractor

For accidents involving independent contractors, you will generally need to work directly with the driver’s insurance company. In such cases, it’s essential to gather all relevant information and maintain clear communication with the driver’s insurer to ensure your claim is processed promptly and fairly.

In either case, if you are involved in an accident with an UPS delivery driver, it is crucial to document the incident thoroughly, gather essential information, and seek medical attention if needed. Contacting the authorities is also vital to create an official record of the accident.

For accidents involving UPS employees, you may have a stronger case for pursuing a claim against UPS. If the driver was working within the scope of their employment at the time of the accident, UPS’s liability for the damages becomes more apparent.

However, for accidents involving PVDs and independent contractors, it can be more challenging to hold UPS accountable. In these cases, the driver’s personal liability often takes precedence. To assess the merits of your case and explore the possibility of suing UPS for damages, consult with personal injury lawyers who can provide valuable legal guidance and representation.

Consult a Personal Injury Lawyer

Whether UPS drivers are employees or independent contractors plays a significant role in defining accountability. If you have been hit by an UPS driver, consult with the personal injury lawyers at Bowman Law to understand your legal rights and options for seeking compensation for economic and non-economic damages, pain and suffering, impairment, lost wages, and more. Our experienced personal injury lawyers can help you navigate the complexities of these cases and ensure that you receive the compensation you deserve. Call Bowman Law today at 720-863-6904.   We serve Colorado’s Front Range including Denver, Colorado Springs, Boulder, Fort Collins, and Aurora.