According to Consumer Shield, between 2020 and 2025, the country has recorded around 166,000 truck accidents annually. Generally, trucks have accounted for 6% of all fatal crashes. These accidents often result in serious injuries, hefty medical bills, and so many more damages.
If you have been involved in a truck accident, you may consider filing a lawsuit to seek compensation. Discuss with truck accident lawyers at Nicolet Law before making a decision.
Before going to court, here are key factors you must consider:
How Strong is Your Case?
For a truck accident lawsuit to be successful, you need enough evidence showing the truck driver or another party is at fault. Proving liability in truck accidents can be very challenging because of the multiple parties involved. Liability can fall on the driver, the company, contractors, the people responsible for loading the cargo, or even manufacturers.
Therefore, you need enough evidence to back up your claim, such as:
- Police reports
- Witness statements
- Medical documents and records of your injuries
- The truck’s driver logs
- Vehicle maintenance records
- Possible violations of the Federal Motor Carrier Safety Administration (FMCSA)
An experienced attorney can help determine whether you have a strong lawsuit based on these factors and gather the required evidence.
Settlement vs. Trial Consideration
Over 90% of truck accidents are settled out of court. This is often viewed as a convenient and less stressful way of getting compensation. Trials, on the other hand, are quite uncertain. You are not guaranteed to walk out with any amount. Therefore, you have to weigh the risks.
If the insurance company is offering a low settlement that doesn’t cover the damages and all negotiation attempts fail, it may be necessary to go to court. However, it is important to remember that trials take several months or even years.
The Costs and Time You Will Put In
Most truck accident attorneys work on a contingency basis, which means they will get paid if you win. Nevertheless, there are other trial costs such as:
- Paying expert witnesses is around $200-$500 per hour but it could be as much as $1,500.
- Filing fees and other court costs.
- Expenses for deposition and investigation, where a private investigator can charge anywhere between $70 and $200 per hour for investigation alone.
Additionally, you have to commit a significant amount of time to attend the hearings, prepare for your testimony, and deal with other court matters. This can be financially and emotionally draining.
Potential Risks
Court settlements tend to be higher because of several factors like the legal costs, the influence of a jury, and public input. But this comes with its share of risks.
Most states operate under comparative negligence. This means that if you are found partially at fault, your compensation may be reduced. In a lawsuit, a thorough investigation is conducted, which could lower your claim.
Conclusion
Deciding whether to take your claim to court or settle without a lawsuit requires very careful consideration. As you consider which option is best for you, consult an experienced truck accident attorney to guide you through the process of getting fair compensation.
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