If you were hit by a UPS truck or injured due to a UPS delivery driver’s negligence, you have legal rights under Texas personal injury law. According to Texas Civil Practice & Remedies Code § 16.003, you must file a personal injury claim within two years of the accident. Texas is also an at-fault state, meaning the party who caused the crash is financially responsible for the damages.
Can I sue if the UPS driver wasn’t cited by police?
Yes. A police citation can help, but it’s not required to prove negligence in a civil case. Many valid claims move forward even without a ticket, especially when evidence like dashcam footage or delivery logs points to driver fault.
What if the UPS truck was parked but still caused my injury?
Improperly parked delivery trucks can obstruct traffic or pedestrian pathways. If the placement of the truck created an unsafe condition—such as forcing a cyclist into traffic—you may still have a strong claim.
Is UPS liable for accidents involving subcontracted or leased drivers?
Possibly. Even if a driver is labeled an “independent contractor,” UPS may still be liable under vicarious liability, negligent hiring, or inadequate supervision doctrines. We can investigate the true nature of the relationship.
What’s different about suing a commercial carrier like UPS vs. a private individual?
Commercial carriers are subject to federal safety regulations and often have teams of lawyers and insurers fighting liability. Building a case requires navigating company policy, employee records, and potential federal violations—something our firm is equipped to handle.
Will my health insurance or UPS pay my medical bills while my case is pending?
You may need to use your own health insurance initially. UPS’s insurers typically won’t pay upfront without a settlement or verdict. However, if we win your case, you may be reimbursed for out-of-pocket medical costs.
Can I recover damages if I was partially at fault?
Yes—as long as you were 50% or less at fault under Texas’s modified comparative fault rule. Your percentage of fault will reduce your compensation, so proving UPS’s liability is essential.
What federal regulations apply to UPS drivers?
UPS drivers are bound by Federal Motor Carrier Safety Administration (FMCSA) regulations, including hours-of-service limits, vehicle inspection requirements, and driver qualification standards. Violations of these rules can support your case.
What evidence is most important in a UPS accident claim?
Key evidence may include GPS records, delivery route logs, dashcam footage, maintenance records, driver employment files, drug/alcohol tests, and witness statements.