Federal Express, or FedEx, is one of the largest delivery companies in the world. With more than 87,000 vehicles in its fleet, it is common to encounter FedEx delivery trucks and vans while driving in New Mexico. If you get involved in an accident with a FedEx delivery driver, find out how to file a claim with assistance from a New Mexico FedEx truck accident lawyer.
File an Accident Report
Report the FedEx accident to the police right away. Notify law enforcement by calling 911 from the crash site using your cell phone. If you or anyone else has been injured, request paramedics without delay. When the police arrive, do not admit fault for the truck accident in your version of events. Give the police a description of what happened but do not confess to having violated any traffic laws. Write down your police report number so you can obtain a copy later.
Get Medical Attention
Get medical care immediately for injuries you suffered in the accident. Keep in mind that injuries such as whiplash, concussions and back injuries may have delayed symptoms – especially if the adrenaline from the FedEx accident is masking pain. This is why you should see a doctor right away, even if you feel fine. Keep copies of your medical records, bills and documents.
Collect Evidence and Information
As the filing party or plaintiff in a FedEx delivery accident case, you bear the burden of proof. This means you or your personal injury attorney must establish that the accused party or defendant is responsible for causing the crash. The burden of proof is a preponderance of the evidence, or enough evidence to show that the defendant is more likely to be at fault for your crash than not.
You can build your FedEx delivery accident case by collecting as much evidence as possible. While you are still at the scene of the accident, take photographs and video footage of your damaged vehicle and other relevant details. Look around for any traffic or security surveillance cameras that may have captured the crash on tape. Write down the names of witnesses to obtain statements later.
File an Insurance Claim
In New Mexico, the person or party at fault for causing a motor vehicle accident is held financially responsible for a victim’s related losses, including property damage and medical bills. After a FedEx truck accident, notify your own car insurance company of the crash. Then, file a claim with FedEx’s insurance provider to seek compensation for your losses. You should begin the claims process as soon as possible to meet any deadlines imposed by the insurer.
Get Help From an Accident Attorney
An experienced truck accident attorney can help you build an injury claim through legal actions such as subpoenaing records from FedEx. A subpoena is a court order requiring a company to furnish documents as evidence, such as FedEx’s employment and driver records. These documents may have information that can help support a claim, such as proof of inadequate truck maintenance or poor delivery driver training.
An attorney can also take over insurance settlement negotiations on your behalf to pursue maximum compensation for your crash-related losses from FedEx. A law firm will have personnel and resources to strengthen your case, such as the ability to hire truck accident experts to testify. An attorney also has the power to take your case to trial if a fair settlement cannot be reached.
For more information about how a FedEx delivery accident attorney can help you after a crash, contact The Fine Law Firm for a free case consultation.