When is the Shipping Company Liable?

In today’s fast-paced world, companies like UPS, USPS, DHL, Amazon, and FedEx have become integral to daily life. They deliver packages, food, and essential goods at an unprecedented rate. These companies operate millions of vehicles and employ thousands of drivers across cities, highways, and rural areas.

Unfortunately, the constant movement of delivery vehicles increases the likelihood of accidents, which can lead to devastating consequences for those involved. When these accidents occur, a central question arises: is the shipping company liable for damages?

There are many circumstances under which shipping companies can be held responsible for motor vehicle accidents. However, victims must prove liability and why consulting a skilled truck accident attorney is vital if you’ve suffered an injury in such an accident. With complex regulations, multiple parties, and various factors involved, it’s important to understand the nuances of liability in these cases and to have an experienced truck accident attorney on your side.

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Rising Rates of Delivery and Shipping Accidents

With the boom in online shopping, shipping companies are busier than ever. According to recent data, e-commerce has grown exponentially in the last decade, putting more cargo trucks and delivery vans on the road. Unfortunately, as these vehicles increase, so does the potential for accidents.

Accidents involving commercial vehicles are often more severe than those involving passenger cars due to the sheer size and weight of trucks and vans. Additionally, the pressure on drivers to meet delivery deadlines can contribute to issues such as driver fatigue, speeding, and neglecting rest breaks. In many cases, victims of these accidents are left with severe injuries, lost earnings, and expensive medical bills.

When Are Cargo Companies Liable for Accidents?

Shipping companies are expected to follow strict safety practices and are held to high standards when it comes to the training of drivers, maintenance of vehicles, and adherence to safety regulations. Liability for accidents often hinges on whether the company adhered to these standards or failed in its duty of care. Here are some common situations in which a shipping company may be held liable for a motor vehicle accident:

Negligent Hiring and Training

Shipping companies are responsible for hiring qualified, experienced drivers with clean driving records. When companies cut corners during the hiring process, they risk employing drivers with a history of reckless driving, DUIs, or other disqualifying behaviors.

For instance, if a driver with a record of prior traffic violations or substance abuse problems causes an accident, the company may be held responsible for failing to conduct a thorough background check. This “negligent hiring” doctrine holds companies accountable for ignoring or failing to verify a driver’s qualifications.

Proper training is equally important. A company that neglects to train its drivers in safely handling delivery vehicles, proper loading techniques, or navigating difficult routes can be found liable if poor training contributed to the accident. For example, a driver unfamiliar with maneuvering a large delivery truck can cause an accident due to a lack of skills or knowledge.

Improper Vehicle Maintenance

Delivery trucks, vans, and trailers need regular upkeep to remain safe on the road. Federal and state regulations require cargo companies to inspect their vehicles routinely, repair any issues promptly, and document maintenance activities. Unfortunately, some companies overlook these obligations to save time or money, leading to accidents caused by mechanical failures, such as brake failures, worn tires, or faulty lighting.

For example, suppose a USPS truck’s brakes fail due to a lack of maintenance, causing the driver to collide with another vehicle. In that case, the company may be liable for any injuries resulting from the accident. Maintenance records and inspection reports can often provide critical evidence in these cases.

Violating Federal and State Regulations

The Federal Motor Carrier Safety Administration (FMCSA) has implemented strict regulations for commercial vehicles and drivers. These regulations cover maximum driving hours, rest requirements, cargo limits, and other safety standards. Non-compliance can be a significant factor in determining liability, especially when drivers are pushed beyond legal limits, increasing the risk of fatigue-related accidents.

For instance, the company can be held responsible if an Amazon driver has been on the road for longer than the allowed hours without rest and causes an accident. Violations of these regulations demonstrate a disregard for safety, and liability may extend to the driver and the shipping company.

Accidents Involving Independent Contractors

The employment status of drivers can significantly impact liability. Companies like Amazon and FedEx often use independent contractors for delivery services. While these drivers may not be classified as direct employees, companies can still be liable depending on the level of control they exercise over contractors.

For example, if FedEx contracts an independent driver but closely controls the driver’s schedule, routes, or delivery practices, it may be held liable in an accident case. Courts often examine the extent of control a company exerts over contractors to determine if they are functionally acting as employees.

Proving Liability in Cargo Company Accidents

Determining liability in an accident involving a shipping company can be challenging. Proving fault requires evidence, expert testimony, and a thorough understanding of industry regulations. Below are some of the most important types of evidence that may be used to establish liability in these cases:

Driver Records and Background Checks

In accidents involving negligent hiring, an investigation into the driver’s history can reveal whether the company conducted thorough background checks. Past incidents, driving violations, or a history of reckless behavior can indicate negligent hiring practices by the shipping company.

A truck accident attorney can assist in obtaining these records, which may require subpoenas, particularly if the company is unwilling to cooperate.

Maintenance and Inspection Logs

Maintenance logs show whether the company regularly inspected and serviced its vehicles, as required by federal and state regulations. Missing or incomplete maintenance records may indicate a company’s failure to keep vehicles in roadworthy condition.

An attorney experienced in handling truck accident cases will know how to gather and analyze these logs to determine if mechanical failures could have been prevented with proper maintenance.

Electronic Logging Devices (ELDs) and GPS Tracking

Electronic Logging Devices (ELDs) are federally mandated for most commercial vehicles, as they record drivers’ service hours. This data and GPS records can provide valuable information on the driver’s speed, route, and adherence to rest requirements. If a driver exceeded the legal limit of hours, it could indicate that fatigue contributed to the accident, placing liability on the company for violating regulations.

For instance, a well-versed truck accident attorney can obtain these records to demonstrate if a driver was fatigued and the company allowed or encouraged the violation of hours-of-service regulations.

Employment Contracts and Relationship Documentation

Employment contracts and company policies that outline the relationship between the company and independent contractors can clarify the company’s level of control over the driver. If a contractor functions similarly to an employee, with limited autonomy, the company can be liable for the contractor’s actions.

Cargo Documentation and Weight Compliance

If improper cargo loading or overloading is suspected, documentation detailing the cargo weight, loading procedures, and safety protocols can be critical. Overloaded trucks or improperly secured cargo pose a significant risk on the road, and any evidence of negligence in these areas can support a case against the shipping company.

Common Scenarios in Cargo Company-Related Accidents

To understand the application of liability principles in real-life scenarios, let’s review a few hypothetical accident situations:

• Overloaded Truck Causes Rollover Accident: A DHL truck overloaded with heavy cargo tips over on a highway curve. The crash involves multiple vehicles and injures several people. An investigation reveals that the truck’s cargo exceeded legal weight limits. In this case, DHL may be liable for damages due to negligence in loading procedures.
• Driver Fatigue Due to Long Hours: A FedEx driver who has been working overtime without sufficient rest falls asleep at the wheel, resulting in a head-on collision. If records show that the driver was over the legal driving limit, FedEx can be held liable for not enforcing federal rest break requirements.
• Maintenance Failure Leading to Brake Malfunction: A UPS truck’s brakes fail on a downhill road, causing the driver to rear-end a stopped car. Maintenance records reveal the company failed to perform necessary brake repairs despite prior issues. UPS may be found liable due to inadequate vehicle maintenance.
• Independent Contractor Involved in Accident Due to Company-Controlled Schedule: An Amazon delivery driver classified as an independent contractor is pressured to meet tight delivery schedules, causing them to speed and collide with another vehicle. If it’s shown that Amazon tightly controls the driver’s routes and schedule, it can be liable, as the driver’s status may be deemed akin to that of an employee.

The Elements of Negligence in a Truck Accident

The legal concept of negligence has four key elements: duty of care, breach of duty, causation, and damages. These elements must be demonstrated to establish that the shipping company’s actions (or inactions) directly contributed to the accident and injuries.

• Duty of Care: Shipping companies have a duty of care to ensure their vehicles are safe for operation, their drivers are adequately trained, and all transport laws and regulations are followed. It includes responsibilities like performing regular vehicle maintenance, adhering to federal safety regulations, and hiring qualified, responsible drivers.
• Breach of Duty: A breach of duty occurs when the company fails to meet its responsibilities. For example, a company can ignore vehicle maintenance schedules, hire drivers with a history of unsafe driving, or pressure drivers to exceed legal driving hours, leading to fatigue and accidents. When a company fails to uphold its duty of care, it creates unnecessary risks for other road users.
• Causation: To establish causation, it must be shown that the breach of duty directly caused the accident. For instance, if a poorly maintained truck’s brakes fail and cause a collision or an overworked driver falls asleep, and crashes, the company’s breach of duty is directly linked to the incident.
• Damages: Finally, for a negligence claim to proceed, the accident must have resulted in actual damages—such as injuries, lost earnings, or property damage.

Why Hiring a Truck Accident Attorney is Essential

Managing the complexities of truck accident cases involving major shipping companies can be challenging. Truck accident cases often require an attorney experienced in federal trucking regulations, vehicle maintenance standards, and contract law.

A knowledgeable truck accident lawyer can help by:

• Investigating and Collecting Evidence: A seasoned attorney can gather evidence demonstrating a shipping company’s liability, from maintenance logs to driver records.
• Understanding the Legal Standards: Truck accident cases often involve unique regulations and laws that differ from standard car accident claims. An attorney well-versed in truck accidents can ensure your case meets the specific standards required for these claims.
• Negotiating with Insurance Companies: Insurance companies representing large shipping companies may try to minimize payouts. An attorney can negotiate to ensure you receive fair compensation for damages, lost earnings, and medical expenses.

Were You Injured in an Accident with a Shipping Company? Contact a Truck Accident Attorney Today for Help

Understanding liability in accidents involving cargo companies like UPS, USPS, DHL, Amazon, and FedEx requires a nuanced approach. Companies can be held liable in a range of circumstances, from negligent hiring to improper vehicle maintenance, regulatory violations, or cargo issues.

Consulting with a reputable personal injury lawyer in Charleston can be invaluable if you or a loved one has suffered an injury in an accident involving a delivery vehicle. A lawyer can help investigate the facts, determine liability, and pursue compensation for medical expenses, lost earnings, pain and suffering, and other damages. Don’t wait; reach out for help protecting your rights today.

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Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.