The claims process after a FedEx truck accident seems overwhelming when you’re dealing with injuries and mounting bills. FedEx has a team of lawyers protecting its interests, and its insurance company follows a specific playbook to minimize what it pays.
You need someone who understands this process and can guide you through each step. At Kevin McManus Law, we’ve handled truck accident claims for over 60 years combined. We’re on your side throughout the legal process. Our Overland Park delivery truck accident lawyer knows exactly what to expect when going up against FedEx and their insurers.
Contact our FedEx delivery truck accident lawyers in Overland Park to get a free consultation about what happened. We’ll explore your legal options and explain how we can help you get the settlement you deserve.
What to Expect in the FedEx Truck Accident Claims Process
Your claim begins the moment the accident happens. The first 24 to 48 hours are critical for evidence collection. Police reports, witness statements, photographs of the scene, and medical records all become part of your case file.
FedEx’s safety team will investigate the accident immediately, and you need someone protecting your interests just as quickly. We start gathering evidence and giving legal advice as soon as we’re hired.
The Investigation Phase
The investigation phase involves reviewing the FedEx driver’s qualifications, driving record, and hours of service logs. Federal regulations require truck drivers to maintain detailed records of their time on the road. If the driver violated hours-of-service rules or had previous safety violations, that strengthens your claim.
We also examine the truck’s maintenance records, black box data, and any surveillance footage from nearby businesses or traffic cameras. During this phase, you should seek medical care and follow your doctor’s instructions.
Negotiation
Once we’ve collected evidence, we send a demand letter to FedEx’s insurance company. This letter outlines the facts of the accident, proves the FedEx driver’s liability, and details all your damages.
The insurance company then has a set time to respond with either an acceptance, denial, or counteroffer. Most initial offers are far below what your claim is worth, and that’s where serious negotiations begin. Our Overland Park truck accident lawyer handles all communications with the insurance company so they can’t use anything you say against you.
Get the compensation you deserve with trusted legal guidance.
How Long Will Your FedEx Truck Accident Case Take?
The severity of your injuries is the biggest consideration. You shouldn’t settle your case until you’ve reached maximum medical improvement or your doctors have a clear understanding of your long-term prognosis. Settling too early means you might not get enough money to cover future medical needs.
If FedEx claims their driver wasn’t at fault or argues you share blame for the accident, our Overland Park personal injury lawyers will need to gather additional evidence and possibly conduct depositions. Clear-cut cases where liability is obvious tend to settle faster because the insurance company knows it’ll lose if the case goes to trial.
The insurance company’s cooperation also affects how long your case takes. Some adjusters negotiate in good faith and work toward a fair settlement. Others delay the process, hoping you’ll get desperate and accept a lowball offer. We won’t let them pressure you into settling before you’re ready.
Will I Need a Lawsuit?
If negotiations stall or the insurance company refuses to offer fair compensation, we’ll file a lawsuit to move your case forward. Filing a lawsuit doesn’t mean you’ll go to trial. Most cases still settle after filing, but the lawsuit shows the insurance company you’re serious.
Settlement vs. Trial: Understanding Your Options
The vast majority of truck accident cases settle before trial. Settlement offers certainty—you know exactly how much money you’ll receive and when you’ll receive it. Trials are unpredictable, and even strong cases can result in less favorable jury verdicts. Settlement also saves time and money compared to a full trial.
However, settlement only makes sense when the insurance company offers fair compensation. If FedEx’s insurer lowballs your claim or refuses to acknowledge the full extent of your damages, a trial might be your better option.
The decision to settle or go to trial is always yours. We’ll explain the strengths and weaknesses of your case, give you our recommendation, and help you understand the risks and benefits of each option. Our FedEx delivery truck accident attorney in Overland Park will support whatever decision you make.
Proving FedEx’s Liability in Your Truck Accident
If a FedEx employee driving a company truck caused your accident, FedEx is directly liable. If an independent contractor was at fault, the liability analysis becomes more complicated, but FedEx may still be responsible depending on the circumstances.
We prove liability by showing the FedEx driver violated traffic laws or federal trucking regulations. Common violations include:
- Speeding or driving too fast for conditions
- Following other vehicles too closely
- Failing to yield the right of way
- Violating hours-of-service regulations due to fatigue
- Distracted driving from using phones or delivery devices
- Improper lane changes or turns
FedEx’s negligence might extend beyond the driver’s actions. If they failed to properly maintain the truck, didn’t adequately train the driver, or pushed drivers to meet unrealistic delivery schedules that encouraged speeding or skipping rest breaks, FedEx shares responsibility for your injuries.
We’ll help you appeal and secure your rightful benefits.
Types of Compensation in FedEx Truck Accident Cases
Commercial truck accidents typically result in more severe injuries than regular car crashes. The size and weight difference between a FedEx truck and a passenger vehicle means occupants of the smaller vehicle suffer worse injuries. Your compensation should reflect the full impact of these injuries on your life.
Economic damages include all your financial losses. Medical expenses cover emergency treatment, hospital stays, surgery, rehabilitation, prescription medications, and medical equipment. Lost wages compensate you for income lost while recovering. If your injuries prevent you from returning to your previous job, you can recover lost earning capacity.
Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and reduced quality of life. Truck accident injuries often cause long-term or permanent limitations that affect everything from your career to your relationships to your ability to enjoy hobbies and activities.
What Makes Kevin McManus Law Different
With over 60 years of combined experience and millions recovered for clients, we know what it takes to win against large companies like FedEx. “Results you deserve from a firm you trust” reflects our commitment to fighting for maximum compensation in every case we handle.
Kevin McManus’s background serving in the Missouri House of Representatives and the Kansas City Council gives our firm a unique perspective on how laws work and how to use them to protect your rights. His public service from 2010 to 2023 taught him how to fight for people who need help.
We’re available 24/7 because truck accidents don’t happen on convenient schedules. When you have questions about your case or need guidance, we’re here to help. We offer free consultations to evaluate your FedEx truck accident claim. We work on contingency, so you don’t pay any legal fees unless we win your case.
Call now for a free consultation.
Contact Our FedEx Truck Accident Attorneys
Don’t try to handle a FedEx truck accident claim on your own. Contact Kevin McManus Law today for a free consultation. Our Overland Park FedEx truck accident lawyers will explain the process of getting compensation, answer your questions, and fight to get you the money you need to recover from your injuries.
