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Truck Accident Lawsuit: How to Decide Whether to Settle or Go to Trial

The US Federal Motor Carrier Administration reported that there were 120,000 large truck accidents in the US last year. More than 50,000 injuries occurred during these accidents in that reporting period.

Were you recently in a truck accident? If so, then you might be trying to decide what’s the best course of action for your truck accident lawsuit.

You’ll need to decide whether you want to pursue an outcome with your local trial court or settle outside this legal system. Not an easy decision to make by any means.

Find out more here on the details covering the advantages and disadvantages of settling your suit or when to go to court. Then you’ll know how to secure the best outcome for your case.

What’s a Truck Accident Lawsuit?

A truck accident lawsuit is a legal process. It involves collecting evidence to prove negligence and identifying the liable party or parties for any injuries involved.

Due to the sheer weight and size of a commercial vehicle, drivers are bound by both state and federal laws. Their compliance with these laws helps to ensure that others using the roads are safe.

When a truck driver receives their commercial-grade license, they must agree to abide by all state and federal regulations as a condition to receive their license. Truck drivers must agree to maneuver their rig responsibly while they are driving around pedestrians, bicyclists, and other vehicles.

Some federal laws, for example, require a truck driver to take mandatory rest periods during a route. Some state regulations require a truck driver to guarantee that their trailer rig won’t exceed state-required weight or height limits.

A truck accident lawsuit investigates the accident details. Their job is to make sure both state and federal regulations were followed.

A semi-truck accident lawsuit is an exercise in managing multiple-party liabilities. This means that there are multiple scenarios and backgrounds that can apply to the vehicle driver.

For example, some truck accidents involve a driver who is the owner and operator of the vehicle. This title means that the driver owns the vehicle and is self-employed.  When owner-operators cause an accident, they are responsible for all accident-related damages that occur.

Sometimes a truck driver works for a company that owns its own vehicle fleet. Other companies that you’ll find in this industry include party maintenance firms and cargo loading companies.

Sometimes multiple insurance providers represent these companies that own the transported cargo. These insurance providers might also share responsibility for an accident as well.

What’s a Truck Accident Attorney?

Truck accident attorneys represent both crash victims and truck drivers. Sometimes victims hire a truck accident attorney when they believe that a driver’s negligence is responsible for their injuries.

Sometimes a truck accident attorney is called a personal injury attorney. Truck accident lawyers specialize in a field of law called tort law.

Settling vs Filing a Court Action

There are both pros and cons to the two main ways you can finalize your truck accident lawsuit. Here are the advantages and disadvantages of heading for trial or settling out of court. The ultimate decision depends on your current circumstances and long-term goals.

Pros and Cons of Going to Trial

When you file your truck accident lawsuit with your local court system, there’s a chance you’ll receive more in your settlement amount. Sometimes in a jury trial, juries will approve an additional amount for the victim’s pain and suffering.

Some of the disadvantages of filing your lawsuit might include a delay in litigating the case. Pre-trial discovery preparation could be hampered if you or the other driver have serious injuries that prevent you from participating in the case. Sometimes these details could mean that it takes years for your trial to make it to the court calendar.

You might also incur higher legal fees. These higher fees could reduce the net amount you might expect to receive from your case.

These higher fees can range from court filing fees to your attorney’s time and effort to prepare for trial. You’ll be expected to pay for your attorney’s fees and expenses – whether you win your case or not.

Pros and Cons for Settling Out of Court

Negotiating your truck accident settlement outside the courtroom can possibly save you your most precious resource – your time. When you negotiate a settlement, you’ll skip the lengthy, time-consuming tasks such as depositions and actual trial time.

One of the disadvantages of the settlement process is that negotiations can get tricky very quickly. As noted above, multiple parties could be liable for your accident. Each of these parties will have its own insurance company to negotiate with.

For example, a truck driver might have their own individual insurance policy. Or another driver will have a company-provided policy. When you have multiple insurance providers to keep track of, it’s harder to know where to start negotiating with all of these groups.

Next Steps in a Truck Accident Lawsuit

Truck accident lawyers are ready to manage the multiple-party liability issues that could occur from a commercial vehicle accident. This help could be invaluable if you are still recuperating from any injuries, you might have received from your accident.

If you’re ready to start, then head over to our website. You’ll learn more about our investigation process and how to request a free case evaluation. We can help you get the outcome your case deserves!

Are you ready to act on your truck accident lawsuit? If so, then it’s best that you hire a truck accident attorney to advise you on your next steps. 

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