The Class Action Lawsuit Against UPS
The Ups Class Action Lawsuit is on a roll this year. With more attorneys getting involved in these cases, many of them offering their services on a contingency basis, there are more plaintiffs receiving settlement awards. This has been the most consistent change I have seen since I first started practicing law. But what has happened recently? What has made the Class Action Lawsuit such a powerful tool for personal injury victims?
Well, I hate to rain on anyone’s parade but it is true.
Insurance companies do not want to be held responsible for the harms that they cause their insureds. That’s why the Insurance Bill was passed in appropriately limiting the liability of insurers. But the courts have not been receptive to limiting the liability of named individuals. So now the lawsuits are back in the news.
The complaint revolves around two drivers. One is a deer hunter who shot an elk. The other was driving down a country road when another car rear-ended his vehicle.
Who is liable for these injuries? The injured party? The claim is based on negligence. Yes, negligence. There is no question the driver at fault caused the accident.
The question is does he have a case? Can a case be made in court against someone else?
At first blush, the answer seems obvious. No. As one renowned law professor once said, “juries cannot be blamed; they are the result of the carelessness of others.”
This is a popular point of view. But what if we look at the facts of the situation more closely?
What if we took a closer look at the car accident? What if we asked the following questions to ourselves: Did the driver in the other vehicle take any safety precautions? Was he driving carefully? Were there any objects in the roadway that could have impeded his ability to avoid a collision?
Most likely he didn’t. In fact, statistics show that most drivers don’t give any consideration to what is in front of them when they are driving.
They don’t look for objects that might obstruct their vision or that might otherwise cause them to swerve out of bounds. When they do happen to cause an accident, those drivers are often found to be at fault.
This may not seem fair to you, but the law is on your side.
If you have suffered an injury because the other driver was careless, then you have a case. You should contact an experienced Dallas personal injury attorney as soon as possible. You owe it to yourself to get the compensation that you deserve.
