Three Ways A Trucking Accident Case May Unfold

When a client works with a truck accident injury lawyer, one of the biggest concerns that may hang over the case is how it is likely to unfold. A truck accident attorney will tell you there are likely to be three possible ways the case will go. Here's a look at those three scenarios and their implications.

Insurance Claim

Your truck accident lawyer will draw up a notice informing the trucking business that you intend to file a claim. A company that has insurance will refer the claim to its carrier.

The insurance provider will then appoint a claims adjuster. This is a person who has professional experience assessing the validity of cases and making settlement offers. An adjuster will investigate the case to determine how likely it is a plaintiff has a legitimate case that would hold water in court.

If the case checks out, the adjuster will propose a settlement offer. Your truck accident injury attorney will inform you of the offer and provide you with a recommendation about whether to accept it or negotiate further.

Self-Insured Settlement

The trucking industry has entities that are large enough to be self-insuring. Being a self-insured operation means the company has money set aside to pay out settlements when incidents happen.

Generally, this process is very similar to the claims process. The major distinction is the trucking company can make decisions a claims adjuster can't, such as deciding to settle a less-than-airtight case or to fight. If all goes well, you'll receive an offer and decide whether to negotiate just like you would with an insurance company.

A Lawsuit

Lawsuits can ensue in truck accident cases for a variety of reasons. Settlement negotiations might break down, leaving you with no choice but to sue. An insurance adjuster may reject the claim. A self-insured party, such as an independent operator, may not have enough money to offer a settlement.

Going to court opens up the discovery process. Your truck accident lawyer will have the right to demand the production of things like vehicle maintenance logs, driver accident histories, drug testing records, and even criminal background checks. There is still an option during this process to settle rather than go to trial.

If the case goes to trial, it's normal for a jury to be impaneled. Your truck accident attorney will present arguments, and the other side's counsel will try to counter. The jury will determine if the claim holds up to legal scrutiny. If so, a judgment will be awarded.