Explaining Settlements in Truck Accident Cases
- January 12, 2015
- Truck Accidents
Accidents that involve large trucks and passenger vehicles are just a fact of modern society. Commercial trucks cruise the roads and highways carrying the goods and raw materials that help to make our society possible. When these large vehicles collide with smaller passenger vehicles, there is a good chance that people will suffer serious injuries or possibly even die. When the crash is the fault of the commercial driver or the trucking company, it is very likely that those who have been injured will hire a truck accident attorney to represent them in their attempts to recover compensation.
Settlements are the Most Likely Outcome
As with most personal injury claims, the defense and the claimant in a truck accident case are very likely to come to a settlement. The reason that a settlement is the most likely result for the case is simple. Taking a case to trial will only cost both sides more in expenses and time and in most situations, this ends up being a loss for everybody. Even though most of these cases will settle out of court, there is the chance that it could take a trial and a good truck wreck attorney will be prepared for this possibility.
What if it Doesn’t Settle?
When a case doesn’t settle, that usually means that there is a significant point that the defense and plaintiff cannot agree upon. This will usually be a question concerning who is at fault, how much fault belongs to each party or the actual dollar value of the damages. In some situations, these are questions that cannot be avoided or resolved through negotiation and a trial is inevitable, but an experienced attorney will try to build a case that makes the answers to these questions very clear.
One of the main points of building a sound case with high evidentiary standards is to make the position of the claim solid and to force the defense into a position where they have to negotiate on your terms. In some ways, this can be done with the same evidence that would be used in a standard traffic accident between two passenger vehicles, but a truck accident lawyer will also know to request and look for evidence that is unique to accidents that involve commercial vehicles.
The Need for an Experienced Truck Accident Attorney
An inexperienced car accident lawyer may know that they need evidence like police reports, witness statements and medical records, but they may not have adequate knowledge of the laws that regulate the trucking industry and the additional types of evidence that can be sought by an attorney in these cases. There are things like the truck’s logbooks, maintenance records, the driver’s CDL history, the history of the trucking company and more. If an attorney lacks experience dealing with trucking cases, they could miss an important piece of evidence that might be the key to getting a fair settlement.
For the majority of truck accident claims, a skilled attorney will be able to build a case that gets the defendant to settle. Nevertheless, even with the most skilled and experienced representation, some cases are bound to go to trial. The team at Guajardo & Marks has the knowledge to build a strong truck accident case to get a fair settlement and the courtroom experience to represent you should the claim require a trial.