A UPS truck accident can cause serious injuries, expensive medical bills, lost income, and other financial losses. If a UPS driver was responsible for the crash, you may be able to pursue compensation for the damages caused by the accident.
The amount of compensation for UPS truck accidents depends on the facts of the crash, the severity of your injuries, the evidence of fault, and the losses you experienced. Texas law may allow an injured person to seek compensation for medical expenses, lost income, physical pain, and other damages when the legal requirements for a claim are met. If you are looking for a truck accident lawyer Houston Texas, an experienced attorney can help you understand your legal options and the potential damages that may be available.
H2: What Compensation Can You Recover?
Compensation in a UPS truck accident claim can include different types of economic and noneconomic damages. The damages available depend on the injuries and losses involved in the individual case.
Economic damages may include medical expenses, lost wages, and other financial losses connected to the accident. Noneconomic damages can include physical pain, mental or emotional anguish, disfigurement, and physical impairment. Texas law defines noneconomic damages to include these types of losses.
H2: How Are Medical Expenses Covered?
Medical expenses are often a significant part of a truck accident claim. Depending on the circumstances, compensation may address reasonable and necessary medical treatment related to injuries caused by the crash.
Medical records, bills, treatment records, and other documentation can help establish the nature and cost of medical care. Texas law also contains specific rules concerning evidence of the reasonableness and necessity of certain services under Texas Civil Practice and Remedies Code § 18.001.
Can You Recover Lost Wages?
If your injuries prevent you from working, lost income may be part of your claim. The amount can depend on the time you were unable to work and the effect of your injuries on your ability to earn income.
Documentation such as pay records, employment records, and information concerning missed work can help establish an income loss. In cases involving longer-term injuries, the effect on future earning capacity may also become relevant. If your injuries resulted from a UPS truck collision, a UPS truck accident attorney can help you understand what evidence may support a claim for lost income and other damages.
Read Related: Truck Accident Liability in Texas
What About Pain and Suffering?
A UPS truck accident can cause more than financial losses. Depending on the circumstances, an injured person may also seek compensation for physical pain, mental or emotional anguish, physical impairment, disfigurement, or other noneconomic losses.
The nature and severity of the injury can be important when evaluating these damages. The amount of compensation is not determined simply by adding medical bills or lost wages because noneconomic damages involve losses that do not have a fixed dollar amount.
Who Is Responsible for a UPS Accident?
Determining who is legally responsible is an important part of a UPS truck accident claim. The investigation may consider the UPS driver’s actions, the circumstances of the collision, and whether other parties contributed to the accident.
Texas recognizes respondeat superior, under which an employer may be vicariously liable for an employee’s negligent acts when the employee was acting within the course and scope of employment. The Texas Supreme Court has addressed this principle in cases involving employee negligence.
The specific facts matter, including the driver’s employment status and what the driver was doing when the accident occurred.
How Does Fault Affect Compensation?
Texas uses proportionate responsibility when Chapter 33 applies to a claim. Under Texas Civil Practice and Remedies Code § 33.001, a claimant generally cannot recover damages if the claimant’s percentage of responsibility is greater than 50%.
If the claimant is not barred from recovery, § 33.012 generally requires the damages to be reduced by the claimant’s percentage of responsibility.
For example, if your damages total $100,000 and you are found 20% responsible, your damages would generally be reduced by 20%, leaving $80,000 before other applicable legal considerations.
What Evidence Can Support Your Claim?
Evidence can be important when determining how a UPS truck accident happened and who was responsible. Useful evidence may include photographs of the accident scene, vehicle damage, traffic conditions, witness statements, medical records, and available video footage.
Other information may also become relevant in a commercial vehicle accident, depending on the circumstances. Preserving evidence early can be important because some information may become more difficult to obtain as time passes.
How Long Do You Have to File?
Texas generally provides a two-year limitations period for personal injury claims under Texas Civil Practice and Remedies Code § 16.003, subject to statutory exceptions and different rules that may apply to particular claims.
The limitations period can be an important consideration after a UPS truck accident. Waiting too long to investigate or pursue a claim may affect your legal rights, so it is important to determine the applicable deadline for your specific circumstances.
What Should You Do After a UPS Accident?
After a UPS truck accident, seek appropriate medical attention and keep records related to your treatment and expenses. If possible, photograph the vehicles, accident scene, road conditions, and visible injuries.
You should also preserve information about witnesses and avoid making unnecessary statements about fault. If an insurance company contacts you about the accident, consider obtaining legal advice before accepting a settlement or making statements that could affect your claim.
Read Related: How to File a Truck Accident Claim
When Should You Contact a Lawyer?
Consider speaking with our Houston personal injury lawyer near me if you suffered significant injuries in a UPS truck accident or if the other side disputes responsibility. Legal guidance may be particularly useful when the accident involves substantial medical expenses, lost income, or disputed fault.
Our attorney can review the accident, identify potentially responsible parties, evaluate available evidence, and explain how Texas law may affect your potential compensation.
Get Help With Your UPS Accident Claim
Compensation for UPS truck accidents may include medical expenses, lost income, pain and suffering, and other damages, depending on the facts of the crash and applicable Texas law. Texas’ proportionate responsibility rules may also affect your recovery if you are alleged to have contributed to the accident.
If you were injured in a UPS truck accident in Houston or elsewhere in Texas, a truck accident lawyer Houston, Texas can help you understand your legal options. The Law Office of Michael Bates can review your situation and explain how fault, evidence, and potential damages may affect your claim. Call (832) 346-2311 to discuss your potential personal injury claim.
