UPS trucks are a common sight as they deliver packages to homes and businesses across the state. However, these large vehicles can pose significant risks on the road, potentially leading to severe accidents and life-altering injuries.
When such incidents occur, it is common to face legal challenges, medical bills that will not stop piling up, and an uncertain future, so working with a Mesquite UPS truck accident lawyer should be your top priority.
At H&P Law, we understand the intricacies of semi-truck accident cases and have a proven track record of success. Our firm has secured $2.1 million in damages for semi-truck cases, demonstrating our commitment to fighting for our clients’ rights. A Mesquite truck accident lawyer can help you file a claim and help you pursue the potential compensation you are hoping for.
How Fault Is Assigned in a UPS Truck Accident
Determining fault in a UPS truck accident involves thoroughly investigating the incident’s circumstances. Our experienced team of Mesquite personal injury lawyers will use every tool at our disposal to ensure a positive outcome for your case.
Factors such as driver behavior, road conditions, vehicle maintenance, and company policies play crucial roles in finding out who is liable in a commercial truck accident. In many cases, multiple parties may share responsibility for the accident, including the delivery person from UPS, the company itself, or even third-party contractors.
Evidence collection is a critical component of fault assignment, encompassing everything from police reports and witness statements to surveillance footage and black box data from the UPS truck. Expert analysis of this evidence can reveal crucial details about the accident, such as the truck’s speed, braking patterns, and the driver’s actions leading up to the collision.
A comprehensive review of UPS’s safety protocols, driver training programs, and maintenance records can uncover potential negligence on the part of the company.
According to NRS Chapter 41, Nevada follows a modified comparative negligence rule, which means that you can still recover damages even if you bear some responsibility for the incident. However, if you are found to be more than 50% at fault, you may be unable to recover compensation. This is why working with an experienced Mesquite UPS truck accident lawyer is vital so you can argue your case and minimize any potential fault attributed to you.
Types of UPS Truck Accidents
UPS truck accidents can occur in various scenarios, each presenting unique challenges and legal considerations. The size and weight of these vehicles often contribute to the severity of accidents. Factors such as driver fatigue, poor weather conditions, or mechanical failures can all play a role in these incidents.
- Rear-end collisions
- Sideswipe accidents
- Intersection crashes
- Jackknife accidents
- Rollover accidents
- Underride collisions
- Blind spot accidents
- Wide turn accidents
Understanding your case’s specific type of accident is crucial for building a strong legal strategy. Each scenario requires a tailored approach to evidence gathering, expert testimony, and negotiation tactics. By working with a UPS truck attorney in Mesquite, you can ensure that all aspects of your accident are thoroughly examined, and they can also guide you on how to file a truck accident claim in Nevada.
How Fault Is Assigned in a UPS Truck Accident
Investigators and legal teams will assess driver conduct, road conditions, and vehicle maintenance to determine liability. In many cases, the fault may be distributed among multiple parties, including the UPS driver, the company, and potentially other individuals involved in the accident. Some of the elements considered in fault assignment include:
- Driver fatigue and hours of service compliance
- Distracted driving or other traffic violations
- Proper vehicle maintenance and inspection
- Adherence to federal and state trucking regulations
- Road conditions and weather factors
- Actions of other motorists involved in the accident
Evidence plays a crucial role in establishing fault, with accident reconstruction experts often called upon to analyze the scene and provide professional opinions. Data from the UPS truck’s black box can offer valuable insights into the vehicle’s speed, braking patterns, and other critical information leading up to the collision.
Witness statements, surveillance footage, and police reports also contribute to building a comprehensive picture of the accident and determining liability.
How a Settlement May Be Calculated
Calculating a settlement in a UPS truck accident case involves considering various factors that impact your life and financial situation. Medical expenses form a significant portion of the settlement, encompassing current and future costs related to the injuries sustained in the accident. This includes hospital bills, rehabilitation expenses, medication costs, and necessary long-term care or medical equipment.
Lost wages and diminished earning capacity are also crucial to the settlement calculation. If the accident caused a temporary or permanent disability, resulting in an inability to work or limited earning capacity, these losses should be considered in the settlement. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life are considered, although these can be more challenging to quantify.
The severity of injuries, the clarity of fault, and the strength of evidence all determine the final settlement amount. In some cases, punitive damages may be awarded if the UPS driver or company is found to have acted with gross negligence or reckless disregard for safety. A UPS truck accident attorney in Mesquite will carefully evaluate all these factors to ensure that the settlement offer adequately compensates you for your losses and suffering.
Negligence for Not Maintaining UPS Trucks
Proper maintenance of UPS trucks is crucial for ensuring the safety of drivers and other motorists on the road. Neglecting routine maintenance can lead to mechanical failures, brake malfunctions, or tire blowouts, which can result in catastrophic accidents. When a UPS truck accident occurs due to poor maintenance, the company may be liable for negligence.
Review the company’s maintenance records and inspection protocols to establish negligence in maintenance-related accidents. Federal regulations require commercial trucking companies to perform regular inspections and maintain detailed records of all repairs and maintenance activities. Failure to comply with these regulations or to address known mechanical issues can be strong evidence of negligence on the part of UPS.
An expert witness testimony often plays a crucial role in maintenance negligence cases. Mechanical engineers and trucking industry experts can analyze maintenance records, inspect the vehicle, and provide professional opinions on whether proper maintenance procedures were followed. This expert insight can be invaluable in demonstrating how maintenance failures contributed to the accident and establishing UPS’s liability for the resulting damages.
Partner with a Mesquite UPS Truck Accident Attorney for Help with Your Case
Seek legal representation as soon as possible if you were hurt after an accident caused by a UPS truck. At H&P Law, our experienced UPS truck accident lawyer in Mesquite understands the complexities of these cases and is prepared to fight as much as possible for your rights. Contact us today to start your consultation.
