Settlements for commercial truck accidents
Louisiana victims of commercial truck accidents caused by truck driver or trucking company negligence have the right to file a personal injury lawsuit. Rather than going through litigation, though, they may be able to have their case resolved out of court through a settlement. This could save both time and money.
Settlements are usually achieved through mediation, negotiations, or arbitration. These are all examples of alternative dispute resolution methods. Because of its confidentiality, ADR allows both sides to be less defensive and more candid with each other about who was at fault and how much the settlement should be. In addition, it does not force either side to make any admissions of fault. ADR can be conducted even while the case is being litigated.
The settlement itself can be paid out in a lump sum or through regular payments. There are some downsides to ADR, though. A settlement gained through ADR will usually be significantly lower than what the victim might have been awarded through litigation. The victim will be prevented from pursuing any further legal claims connected to the accident or the injuries. The victim will also have to waive the right to publicly hold the defendant accountable.
Truck accident victims may want to see a lawyer before filing their suit. If they decide to do so, they should seek one who has experience in ADR. That way, the lawyer can act as a neutral third party or speak directly on the client’s behalf. Before reaching that stage, though, the lawyer could help strengthen the case with evidence collected by third-party investigators. For instance, the accident may have been caused by truck driver fatigue, and this could be proven by reviewing the work log.
Tags: Truck Accidents