Car Accident Law

Negotiating Settlements in Truck Accident Lawsuits: What You Need to Know

Key Takeaways

  • Accidents with a semi-truck or tractor-trailer can be more serious than crashes with another car.
  • Most truck accident lawsuits are settled before trial because it can be a win-win for all parties.
  • Beware of an initial settlement offer because the trucking company could offer a low-ball amount that does not cover your damages.

Accidents with a semi-truck or tractor-trailer can be more serious than crashes with another car. The size and mass of large trucks can increase the risk of serious injury. After the accident, you may face an uphill battle trying to get the trucking company to pay for your damages. Instead, the trucking company may only offer a small settlement that won’t even cover your vehicle repairs. 

Don’t just give up and take the first settlement offer from the trucking company. You deserve financial compensation that covers all of your losses. A truck accident lawyer has experience dealing with trucking companies. Contact an experienced truck accident attorney for legal advice about negotiating for maximum compensation. 

How Does a Settlement Work in a Truck Accident Lawsuit? 

When you file a truck accident lawsuit, you are trying to find the trucking company liable for your injuries to recover fair compensation. If your case goes to trial, a jury will decide who is liable and how much they should pay for your losses. 

However, most personal injury lawsuits never get to trial. Instead, they settle before trial. A settlement is an agreement to release your legal claims against the defendant in exchange for payment. The parties generally negotiate back and forth until they reach a fair settlement agreement. 

A truck accident case may start with an initial demand letter. Your attorney can notify the trucking company about your injury claim and what you are seeking. The commercial trucking company may make an initial offer, but the amount might not cover your damages. This is the beginning of the negotiations. It can continue until you reach an agreement or all the way to trial.

In many cases, a settlement is the best option for both parties. It allows you to have a guaranteed result without the unpredictability of a trial. It can also avoid the time and expense of going to trial. With a settlement, you can also avoid reliving the painful event. 

Who Is at Fault for Trucking Accidents? 

Other motorists cause some auto accidents with trucks. Other semi-truck accidents are caused by the truck driver’s negligence. The trucking company may also be responsible for causing an accident. The National Highway Traffic Safety Administration (NHTSA) identified several critical reasons leading to large truck crashes, including: 

  • Trucker fatigue
  • Driving under the influence of drugs or alcohol
  • Speeding
  • Tailgating
  • Distracted driving
  • Driver error

Commercial truck drivers have the training and experience to handle large vehicles towing trailers. However, truck drivers still make mistakes even with training and supervision. When a truck driver makes a mistake and hits another vehicle, the smaller vehicle almost always loses. Truck drivers are liable for accidents caused by their negligence. 

A truck driver is liable for accidents caused by their errors or negligence. However, the trucking company is vicariously liable for their drivers’ errors. Under vicarious liability, an employer is liable for the negligence of their employees while doing their job. If a negligent truck driver injured you, you could file a personal injury lawsuit against the driver and the driver’s employer. 

The trucking company may also be liable for their negligence. A trucking company may have a financial incentive to cut corners. Unfortunately, this puts others at risk of serious injury. Some trucking company causes of accidents include:

  • Failing to maintain trucks
  • Overloaded trailers
  • Negligent hiring of unqualified drivers
  • Encouraging drivers to violate safety laws

What Damages Can You Get in a Truck Accident? 

“Damages” is a legal term for the losses an injured person suffers in a personal injury claim. Damages in a truck accident lawsuit compensate you for what you lost because of the injury accident. Damages in a truck accident claim can include: 

  • Medical expenses
  • Lost income
  • Loss of earnings
  • Continuing medical treatment
  • Property damage
  • Pain and suffering 
  • Emotional distress
  • Loss of quality of life

Should You Take a Settlement Offer From the Trucking Company? 

The trucking company may offer you a settlement before you ever talk to a lawyer. You should be careful before you consider taking the first settlement amount. The truck insurance company could make a low-ball offer to avoid a possible lawsuit. However, you should ensure the settlement covers all your damages, including future medical costs. 

Some injuries can have long-term consequences. Head, neck, and back injuries can lead to permanent disability and costly medical bills. Before taking a settlement offer, get legal advice from an experienced personal injury lawyer. They can advise you on the value of your claim and negotiate with the trucking company for a settlement offer that covers all your losses. 

How Do You Negotiate Your Truck Accident Settlement? 

Settlement negotiations with the trucking companies are challenging. You will most likely negotiate with the trucking company’s insurance provider. The insurance companies deal with settlements for a living. They may try to get you to say something that hurts your case. They can also make it sound like the car accident is your fault. 

Your attorney can negotiate with the insurance company so you can focus on your recovery. They are also aware of the insurance adjuster’s tricks and tactics. Your personal injury attorney can continue to gather evidence and medical records to build your case. The closer your case gets to trial, the more motivated the trucking company is to settle. 

Don’t take a settlement offer without understanding your legal rights. A trucking accident lawyer can review the settlement and help you understand your legal options. Contact a local truck accident attorney for legal advice in your case

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