Oregon FedEx Truck
Accident Lawyer

Oregon’s Trusted Legal Team for FedEx Truck Accident Cases

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With 297 FedEx locations throughout Oregon, it’s not surprising that we regularly see their distinctive trucks on the road. Yet, sadly, the Department of Transportation (DOT) reports that FedEx Freight trucks were involved in 27 fatal accidents and 218 injury crashes across the US within just a 24-month period from 2022 to 2024. If you have been injured in an accident with a FedEx truck, it’s time to talk to an experienced truck accident lawyer at Johnston Personal Injury Law Firm about your rights to compensation.

At Johnston Law Firm, we take a special interest in fighting for the rights of truck accident victims. Our managing attorney, Marc A. Johnston, is a member of The Academy of Truck Accident Attorneys (ATAA), a nonprofit that educates lawyers representing truck accident victims. Accidents involving FedEx trucks can be complex, so give yourself the best chance of success by hiring an experienced truck accident attorney from Johnston Law Firm.

Your journey to justice begins with a free consultation. Contact us today to schedule a no-obligation conversation with us as soon as possible.

How FedEx Operates

It is helpful to understand how FedEx is structured in order to pursue compensation after a FedEx truck accident. 

It is made up of several parts, including:

• FedEx Express: The package and freight delivery service we are familiar with. As of 2023, they had a fleet of 82,000 units.
• FedEx Ground: Delivers packages weighing less than 150 pounds to businesses. In June 2024, FedEx announced that this was being merged with FedEx Express.
• FedEx Freight: Transports goods, commodities, and cargo in bulk. Shipments weighing over 150 pounds are considered freight.

As vehicles from all of these divisions travel Oregon’s roads each day, there is the potential to get into an accident with any of them. However, if you do, you may find there are different policies on whether the FedEx driver is considered an employee or an independent contractor. The relationship between the FedEx driver and the company can impact which one is held liable for the accident.

For example, FedEx Express is operated directly by FedEx. Therefore, these FedEx drivers would be considered employees. 

In Oregon, it may be possible to file a personal injury claim against FedEx directly under the legal doctrine of vicarious liability. An experienced truck accident lawyer can advise you whether FedEx could be held liable for their driver’s negligent acts.

However, FedEx Ground currently operates differently. It uses independent contractors, which calls into question whether FedEx can be held liable when an accident happens. 

These complexities illustrate why you need a Johnston Law FedEx truck accident attorney to help you navigate Oregon’s liability laws and build a strong case for fair compensation. 

Why FedEx Truck Accidents Happen

A number of factors, from driver error to road conditions and vehicle maintenance, can contribute to FedEx delivery truck accidents. Your personal injury lawyer needs to identify what caused your FedEx truck accident so he or she knows who to pursue for compensation.

Driver turnover

The trucking industry is notorious for high driver turnover rates. According to Forbes, increased accident rates are often linked to less experienced drivers. If the FedEx driver involved in your accident was new to the role, inexperience may have played a part in your accident. A FedEx accident lawyer can investigate your accident and look for evidence of driver negligence that may have caused your accident.

Fatigue

One study found that truck driver fatigue was associated with 13 percent of truck accidents. Hectic schedules, especially around the holidays, could lead to FedEx drivers feeling pressure to deliver as many packages as possible. This could cause driver fatigue and result in negligent driving.

Every commercial trucking company must comply with federal trucking regulations from the Federal Motor Carrier Safety Administration (FMCSA). Hours of service regulations are designed to ensure that truck drivers do not drive tired. 

Interstate truck drivers must follow these conditions:

• Drive a maximum of 11 hours in a 14-hour work day after 10 hours off duty
• Drive no more than 60 hours in 7 days, or 70 hours in 8 days
• Must restart a 60- or 70-hour period only after 34 hours consecutively off-duty

When driving within Oregon (intrastate), a FedEx truck driver can drive for 12 rather than 11 hours but may not drive after the 16th hour of coming on duty rather than the 14th. He or she must not drive more than 70 hours in 7 days, or 80 hours in 8 days, following 34 hours off duty.

When investigating a FedEx truck accident, a truck accident lawyer can examine the truck driver’s hours of service log. If the lawyer finds the driver did not comply with relevant laws, this could help him or her build a strong case for negligence.

Distracted driving

Many accidents are caused on US roads each year due to distracted driving. FedEx truck drivers can fall foul of the temptation to check their phones, text, fiddle with controls, or otherwise lose concentration on the road ahead. 

In one crash in Wyoming, a FedEx driver distracted by a handheld GPS mobile device used for deliveries crashed into two vehicles, allegedly causing the death of one of the drivers.

A Johnston Law Firm FedEx truck accident attorney can examine evidence of the delivery truck driver involved in your accident being distracted. This may include eyewitness statements, video footage, police reports, or phone records.

Speeding and reckless driving

Pressure to meet delivery schedules could lead to reckless driving by FedEx drivers. The risk of a truck accident involving others is higher in densely populated areas with more traffic and pedestrians. Reckless driving by a FedEx driver could lead to very serious truck accidents, given the large size and weight of FedEx trucks.

Weather conditions

All drivers, including FedEx drivers, have a duty of care toward other road users. During inclement weather, be it rain, snow, or icy conditions, all must take extra precautions to avoid accidents. 

The police report will likely mention the weather conditions at the time of your truck crash. If the driver did not drive appropriately for the weather conditions, your personal injury lawyer may be able to build a case for negligence.

Improper loading

If a FedEx truck is not loaded correctly, it can become unbalanced. The load may suddenly move during transit, making it hard for the driver to retain control of the vehicle. The cargo could also spill onto the highway, causing mayhem for drivers traveling behind.

If you suspect this is what happened in your accident, Johnston Law Firm’s FedEx truck accident attorneys may be able to investigate. Our legal team can examine the bill of lading and other evidence from when the truck was loaded. If we find evidence of negligence, you could sue the trucking company for compensation. 

Poor vehicle maintenance

FedEx performs regular preventative maintenance on its vehicles. However, errors can happen. Issues like tire blowouts and brake failures can cause devastating accidents. FedEx truck accident attorneys can dig deep into the maintenance records to discover what caused your accident and hold the right parties liable. 

Don’t miss out on these common personal injury mistakes.

Get the legal counsel you need to guide you through the process of filing an injury claim.

How FedEx Could Assist Your Case

In any personal injury case, one of the biggest questions is who was liable. FedEx may be able to supply you with helpful information to answer this question. FedEx trucks are fitted with electronic mobile communication (EMC) devices, also called “black boxes.” 

EMC devices record data such as:

• Speed
• Braking information
• Mechanical status of the truck

This information could speak to what happened in the moments leading up to the crash. Especially in truck accidents that cause severe injuries, your FedEx truck accident lawyer may work with an accident reconstruction expert. He or she can use this data to build a clear picture of what caused the accident. 

Additionally, you may be able to secure a higher settlement in a FedEx truck accident claim than if you sue an individual. Juries may award higher damages to plaintiffs who are suing a large corporation like FedEx. This may cause FedEx to settle your case out of court for a higher amount than if you were involved in a regular accident. 

Another factor is that unlike most motorists who buy a policy from an insurance company, FedEx is self-insured. It sets aside funds each year to settle truck accident cases. Therefore, your settlement will not be subject to policy limits as in other types of accidents.