Most lawsuits involving semi-trucks settle out of court before there is ever any need to go to trial. However, this isn’t to say that a settlement is offered overnight. In the majority of cases, there will be a series of negotiations before a fair settlement offer can be reached. These negotiations typically include:
- Clarifying the events
- Providing documentation of the extent of the injuries
- Proving your damages
It is to both side’s benefit to reach a settlement before you have to go to court. A trial means the attorneys will keep more of the money, the payment will be delayed, and private information about the case could be made public. This is an outcome nobody wants.
How a Settlement Is Negotiated
During the settlement process, your lawyer will present your evidence to the trucking company’s insurance carrier and then present them with the fee you’ve agreed upon based on your damages. You can count on some back and forth as you try to reach an agreement. The insurance company will offer you less to begin with, and you’ll settle on something in the middle.
You can attempt to settle your claim on your own without the help of an attorney, but those who are represented by an attorney average settlements that are 40% higher. In the vast majority of cases, you will fare better if you have a lawyer working on your side. Visit this website to seek legal consultation after a truck accident.
Proving Negligence
In order to have a successful lawsuit, you will need to prove that the defendant was negligent in their duties. This could be the truck’s driver, the trucking company, or both. There could also be other defendants involved such as tire manufacturers. Negligence involves acting outside of the scope of what any other person or entity in their position would have done.
Some negligent acts in trucking cases can include drivers with inadequate training, driver error, mechanical problems, improper loading, and distracted driving. Drivers may also drive too fast for the weather or road conditions or they may be too fatigued to drive.
Some evidence you could present to prove negligence includes proof of blood alcohol level if drunk driving was a factor in your crash or evidence that the truck’s driver was speeding. Your lawyer may also be able to find witnesses that will testify that the trucking company overworks its drivers. In some cases, expert witnesses may also be brought in.
Once the defendant’s insurance company or lawyers reviews the evidence, if they think it is strong enough they are likely to settle out of court rather than spending even more money on a trial they may not win. If the evidence is not compelling, they may offer you a small settlement or refuse to settle at all because they’re betting you will want to avoid court.
The Average Settlement Amount
One of the most common questions attorneys hear after an accident involving an 18-wheeler is, “How much will my settlement be?” There is no single answer to that question until after the facts of the case have been carefully reviewed and the damages calculated. There is no average settlement amount because every case is different. Your settlement amount will depend on:
- The extent of your injuries
- The extent of your emotional trauma
- Your financial damages
- The limits of the insurance policy
Once you’ve consulted with an experienced attorney, you will have a better idea of what to expect in your specific case. The lawyer will help you decide on a minimum settlement amount you’ll accept during negotiations. If the defendant won’t offer you your minimum, then it’s time to go to court.
