What Should You Do After A UPS Truck Hits You In A Parking Lot?
After a UPS truck accident in a parking lot, call 911 to seek immediate medical attention and request a police report. After that, take photos of the accident scene, vehicle damage, traffic signs, and any visible injuries. Then, notify your insurance company and consult a personal injury attorney to protect your legal rights.
Honored with the Legal Elite Award, Todd Miner Law UPS truck accident lawyer immediately preserves evidence, including surveillance video footage, driver logs, and onboard data from the driver to file a claim. Our firm also handles insurance claims and defends against unfair settlement offers to build a strong personal injury case. Call us at 407-894-1480 for a free consultation.
What Evidence Should You Gather After a UPS Parking Lot Accident?
After a UPS parking lot accident, gather wide-angle photos of the vehicle’s damage, serious injuries, and the accident date/scene. Then, collect the UPS truck driver’s name, insurance details, and a copy of the official accident report to determine liability. You should also keep medical records, repair estimates, and insurance information of the involved parties to support your claim.
Additionally, document any hazardous conditions like poor lighting, ice, potholes, or obstructions that contributed to the accident. You should also capture the UPS truck’s DOT number, license plate, and the specific truck ID number. Besides this, take photos of the vehicle identification and any logos to verify that the truck is a corporate vehicle.
Here is some important evidence you should collect to file a personal injury claim after a UPS delivery truck accident:
- Identify surveillance cameras: Check nearby retail buildings, shopping centers, or office complexes for surveillance cameras that may have recorded the incident.
- Secure dashcam footage: If you or a witness has a dashcam, obtain the footage immediately, as it may clearly capture the accident.
- Report the accident to management: If the accident happened in a retail parking lot, notify the store or property management so an official record of the incident can be created.
- Confirm the driver’s work status: Verify whether the UPS driver was on duty at the time of the accident, as this information may affect liability.
Who Can Be Held Liable in a UPS Truck Parking Lot Crash?
You can hold multiple parties liable in a UPS truck accident, such as the UPS driver, large delivery companies (United Parcel Service), and property owners of a parking lot. UPS vehicle maintenance contractors and other negligent drivers can also be held liable if their negligent actions caused the accident.
One common cause of liability in UPS truck parking lot accidents is limited visibility around large delivery vehicles. MDPI research on heavy commercial vehicles also shows that blind-spot limitations increase crash risks. Therefore, a driver who fails to check blind spots or neglects to use reversing cameras while backing out may be held liable.
Other than that, drivers are also negligent when they drive too fast in a crowded parking lot or use a mobile device while driving. Besides this, under the legal doctrine of respondeat superior, employers are generally held responsible for their employees’ negligent acts. Similarly, if a faulty repair causes the accident, the maintenance company or vendor can be held liable. However, if the parking lot itself contributed to the accident, the property owner might share liability. This is known as premises liability, which applies when following the property conditions causes the accidents:
- Inadequate lighting.
- Unmarked or severely damaged potholes.
- Poorly designed traffic flow that makes collisions inevitable.
- Missing or unclear signage.
In fact, a Gitnux study on parking-lot safety reports that poor lighting and limited visibility significantly increase crash risks. The reason is that drivers often fail to detect pedestrians or other vehicles in low-visibility conditions.
Are UPS Drivers Required to Follow Specific Parking Lot Safety Rules?
Yes, UPS drivers must follow parking lot safety rules regarding parking, backing, and maneuvering to prevent crashes and protect pedestrians. They must obey posted speed limits (5-15 mph), yield to pedestrians, use cameras when reversing, and follow company safety procedures.
For instance, at delivery locations and in the yard, drivers are generally required to back into parking spaces or docks. This ensures they can pull forward when leaving, providing better visibility and reducing the risk of collisions. Similarly, drivers are expected to maintain an 18-inch safe path for exit.
Moreover, drivers must ensure their vehicles have operational headlights, hazard lights, or reflective material for 360-degree visibility. However, under Statute 316.1925, any driver who fails to follow these instructions can be cited for careless driving.
Can a UPS Delivery Accident Lawyer Help If the Driver Denies Liability?
Yes, if a UPS driver denies liability, our UPS delivery truck accident lawyer can still protect your rights. We collect objective evidence, such as “black box” data, GPS logs, and surveillance footage, to disprove the driver’s claims. Our experienced attorney also reviews traffic and delivery records and negotiates with insurance companies to prove fault.
To challenge liability, we obtain information from the ELD, which records speed, braking, and location. Furthermore, our experienced attorneys collect dashcam footage and review driver logbooks to identify violations of FMCSA regulations. However, if liability is still denied after investigations, our personal injury lawyer can file a lawsuit to disclose the evidence.
How Does “Failure to Yield” Apply in Parking Lot Truck Accidents?
In parking lot UPS accidents, failure to yield occurs when a driver fails to yield the right of way. This can involve backing out without checking for pedestrians or other vehicles, cutting across lanes, or ignoring stop signs. As a result, the driver will be legally responsible for any resulting damages and future medical care.
However, if a truck fails to yield, but the other driver was speeding or texting, liability may be shared. For instance, a truck driver pulling out of a loading dock without checking that the way is clear may also be held responsible. In such cases, you should consult our delivery truck crash attorney, who documents witness statements to pursue a fair settlement. Moreover, we collect surveillance footage and photos of the vehicles’ final resting positions to identify parties involved in failing to yield. Schedule your consultation now to secure expert guidance and maximize your fair settlement.
Can You Recover Future Treatment Costs After a UPS Truck Accident Claim?
Yes, you can recover future medical costs after a UPS truck accident if your injuries require ongoing care. In such cases, a court-ordered settlement can cover your expected medical bills, including surgeries and long-term rehabilitation, without leaving a financial burden. However, to claim future treatment costs, your attorney must provide detailed medical treatment records, expert opinions, and cost projections. These estimates outline the expected frequency and type of care, including potential surgeries, assistive devices, and therapy sessions.
What If UPS Blames Parking Lot Design or Another Driver for the Accident?
If UPS blames parking lot design or another driver for an accident, they try to shift liability from their employee and company to reduce your payout. In such cases, liability is determined by the percentage of fault attributed to each liable party under state comparative negligence laws.
In this situation, you can still file a claim against UPS and the property owner/manager. But you may need an accident reconstruction expert to prove the driver failed to operate their vehicle safely. Here is some additional evidence you should collect to hold property owners liable:
- Obtain a police report to officially document the incident and the UPS driver’s involvement.
- Collect evidence showing unsafe conditions, like poor lighting, unclear markings, or unsafe traffic flow.
- Keep detailed records of all communications with UPS adjusters and your legal team.
- Gather witness statements or surveillance footage that support your version of events.
- Document any injuries, vehicle damage, or financial losses to recover damages.
Should You Accept the First Settlement Offer After an Accident?
No, you should never accept the first settlement offer from an insurance company, as these initial offers don’t compensate you properly and protect the insurance company’s profits. Insurance companies often make these offers quickly, before you fully know the extent of your injuries, financial losses, or emotional trauma.
Moreover, severe injuries like whiplash, concussions, or spinal disc damage often take days or weeks to appear fully. Therefore, once you accept and sign a settlement release, you cannot reopen your pedestrian claim or ask for additional compensation for future medical costs. In such cases, you can consult our attorney, who will negotiate effectively and ensure that your current and future expenses are covered in compensation. We also collaborate with medical experts, accident investigators, and financial specialists to build a strong case on your behalf. Book your consultation today and let us help you seek compensation for your medical costs and lost wages.
How Long Does a UPS Truck Accident Claim Usually Take to Resolve?
A UPS truck accident claim typically takes several months to over a year to resolve, depending on the severity of injuries, clarity of liability, and negotiation with insurers. Although simple cases with minor injuries might settle in 3 to 6 months, cases involving a major corporation like UPS often take longer to reach a fair settlement. Moreover, if the case involves disputed liability, multiple vehicles, or severe internal injuries, filing a lawsuit and proceeding through litigation may further extend the process.
Get a Free Case Review from a UPS Truck Accident Lawyer at Todd Miner Law!
If you’re hit by a UPS in a parking lot, the company’s strong legal resources make it difficult for you to prove fault. As a result, you may encounter insurer tactics that try to reduce your claim and shift liability. Without legal guidance, you cannot recover compensation for your medical bills, lost wages, and ongoing injury.
At Todd Miner Law, our legal team works on a contingency fee basis and immediately obtains delivery route records or interviews witnesses to prove liability. We also consult accident reconstruction specialists when necessary to clearly show how the accident occurred. Visit us at 915 Outer Rd, Orlando, FL 32814, or contact us at 407-894-1480 to get fair compensation for your financial losses.
FAQs
What If The UPS Driver Won’t Share Insurance Details?
If a UPS driver refuses to provide insurance information after a crash, you can still protect your claim. In such cases, you should report the incident to local law enforcement. You can also contact UPS directly or consult an attorney who can formally request the insurance information.
Does UPS Pay Damage Claims?
Yes, UPS may pay for damage claims if its driver is found responsible for a commercial vehicle accident. The company reviews evidence, including photos, witness statements, and delivery records. If they confirm liability, UPS may pay your medical costs, lost income, and other losses.
Will UPS Pay For A Rental Car, Towing, And Storage Fees?
Yes, UPS may cover reasonable rental car costs, towing charges, and storage fees if its driver is at fault. Insurance companies consider these expenses part of property damage. However, you may need to provide repair receipts and proof that the costs were related to the UPS truck crash.
What If My Car Is Totaled, How Is The Payout Calculated?
Insurance companies calculate your payout on the vehicle’s actual cash value before the accident. Moreover, insurers assess factors such as the car’s age, mileage, condition, and local market value. They may also review comparable vehicle listings to determine a fair settlement amount.
Do I Need A Police Report For A Private-Property Crash?
Yes, a police report creates an official record of the incident, which insurers often rely on when assessing liability and damages. Without it, establishing the facts of the accident and supporting your claim for liability and damages can become challenging during the claim process.
