How Fault Is Determined in a FedEx or UPS Truck Crash
If you’re in a collision involving either a FedEx or UPS truck, things become very complicated quickly. These trucks are large and heavy, and many of them have time constraints with their delivery schedules.
If you ever find yourself trying to figure out what to do after a FedEx or UPS truck accident, knowing how fault is determined can make a huge difference. It’s not always as simple as “the driver messed up.”
We will examine the process used by investigators to assign liability and the types of evidence that will matter.
Who Decides Fault?
After a crash, people assume the driver is at fault, but investigators need proof. Police gather statements and look at the scene. Insurance companies send adjusters. Sometimes the shipping company launches its own internal review. Each group wants to protect its interests, so their opinions may differ.
You may deal with more than one insurance policy. The driver may have coverage. The company may have another policy. A third party, like a contractor or warehouse, may also be involved. Determining fault is rarely quick.
Key Factors Used to Determine Fault
1. Driver Behavior
Investigators look at how the driver acted before and during the crash. They check if the driver:
- Was speeding
- Ran a red light or stop sign
- Failed to yield
- Made unsafe turns or lane changes
Professional drivers operate under strict rules. A simple mistake, like taking a corner too fast, can turn into a major crash because of the truck’s size and weight.
2. Distracted or Fatigued Driving
FedEx and UPS drivers work under tight schedules. Fatigue plays a role. According to the National Highway Traffic Safety Administration (NHTSA), about 100,000 police-reported crashes each year involve drowsy driving.
Common distractions include:
- Looking at the GPS
- Scanning package scanners
- Eating while driving
- Talking on the phone
If investigators find evidence of distraction, fault can shift to the driver.
3. Vehicle Maintenance
Sometimes the problem isn’t human error. It’s the truck. Companies must keep delivery trucks safe. That includes brakes, tires, signals, and steering.
Investigators review:
- Maintenance logs
- Repair records
- Work orders
- Inspection reports
If worn brakes or bald tires caused the crash, the company—not the driver—may be at fault.
4. Hiring and Training
Large delivery companies often hire seasonal or contract drivers. If a company rushes hiring or skips background checks, that can create liability. If the training was weak or rushed, the company could be responsible.
Black Box Data
Most delivery trucks have an electronic logging device (ELD), similar to an airplane’s black box. It records:
- Speed
- Braking
- Sudden acceleration
- Hours driven
Black box data can show if the driver was speeding, driving too long, or made a sudden move before the collision.
Camera Footage and Witnesses
FedEx and UPS trucks may have dash-mounted cameras. Businesses nearby may have outdoor cameras. If you act fast, this footage can save your case. Video is hard to argue with.
Witnesses help too. Short statements from people who saw the crash can support the timeline and confirm risky driving behavior.
What You Should Document
If you’re safe and able, gather evidence right away:
- Take pictures of the scene and vehicle damage.
- Get names and contact info from witnesses.
- Write down what the driver says.
- Note the truck number or license plate.
Small details matter. A photo of skid marks or a broken turn signal can help prove fault.
How Fault Impacts Compensation
Fault decides who pays:
- Medical bills
- Lost wages
- Vehicle repairs
- Long-term treatment
When a commercial carrier is involved, the stakes increase. Companies have legal teams and adjusters, and they work fast to limit their costs. Keeping your own evidence levels the playing field.
Key Takeaways
- Investigators look at driver actions, distraction, fatigue, and training.
- Maintenance failures can shift blame to the company.
- Black box data and camera footage help confirm what happened.
- Your photos, notes, and witness info support your claim.
Further Reading
