Trucking accidents generally have tragic consequences for the driver and passengers of the much smaller vehicle. A large commercial truck weights some twenty times more than a passenger car and this sheer size difference usually results in fatalities or very serious injuries. Additionally, trucking accident litigation is much more complex than a collision between two automobiles. There is a long list of potential defendants including the truck driver, the owner of the truck or the trucking company, the owner of the trailer, the manufacturer of the truck or truck parts, the loading company, the insurance carrier for the truck or trailer and the owner of any property which might have contributed to the accident.
In many cases once a lawsuit is filed one or more of these defendants may begin pointing fingers at the other defendants through the filing of cross-claims. Trucking accidents are governed under federal and state laws however since a truck may cross several state lines it can be complicated trying to figure out which state laws apply. As you can see, a personal injury attorney who has specific knowledge and experience in trucking accidents is crucial during this time.
Settle or Litigate?
Many victims of a trucking accident may wonder whether they should settle for whatever amount the insurance company offers simply as a way of avoiding a lengthy court process. It is true that once a personal injury lawsuit is filed claiming someone else caused your injuries and damages—or a product liability case showing that a product defect was responsible for the accident—that it could be at least a year until the trial begins. Some people may find this time period acceptable simply for the larger payout at the end while others need their settlement money sooner in order to pay their expenses.
The Trial Process
While the case is pending discovery will take place which means your accident will be thoroughly researched by your attorney as well as the attorneys for the defendants. All sides must share with the others what they learn during the discovery process. Documents will be gathered and any eyewitness accounts explored. Litigation is, unfortunately a lengthy and expensive process. Even though your personal injury attorney will not take on a case that has no reasonable expectation of prevailing at trial you may be responsible for legal expenses and fees along the way.
When a Settlement May Make More Sense
The longer amount of time the lawsuit drags on, the more money you will be responsible for either immediately or when the case is finally resolved. Because of this a fair number of trucking accidents settle prior to going to trial. Even though a jury award could result in much higher levels of compensation a settlement offer will compensate your losses and could mean less money expended in legal fees and expenses. One of the most important factors in deciding whether you will go to trial or wait for a higher award is whether you are willing to wait for a year or even two or three years for a settlement.
In the end only you and your personal injury attorney can decide what the best course of action will be in your specific case. You will want to discuss the pros and cons of going to court as well as those involved in accepting a settlement.
