After an accident with serious injuries, plaintiffs naturally focus on the defendants perceived to have the deepest pockets. It’s a solid legal strategy that can lead to large settlements and judgments for the claimants.
As such, trucking companies frequently get targeted with litigation after accidents that involve their drivers. Accident victims and their legal counsels know that many trucking companies are typically amenable to settling claims rather than litigating them in court, but is that always the best course of action?
Not every claim deserves to be settled
If you were hurt in a crash with a commercial truck, it helps to know why trucking companies are often named in lawsuits. Under various liability doctrines, a trucking company can sometimes be held responsible for a driver’s mistakes. Further, because carriers usually have insurance and deeper pockets than an individual driver, plaintiffs commonly pursue the company to recover full damages if it is more than 60 percent liable for damages.
That said, settling a claim can be a faster, less expensive way to get compensation than going to trial. But be careful: not every case will hold up in court. Trucking companies may raise defenses (for example, claiming the driver was an independent contractor, arguing comparative fault or disputing negligence), and the value of your claim depends on the facts and evidence.
Settle or go to court?
Insurers and defendants run cost–benefit analyses to decide whether to settle or fight a claim; as an injured motorist you can do the same. Consider your injuries and future care, the strength of the evidence, available insurance limits and your tolerance for the time, expense and risk of trial. An attorney can help you analyze your options and next steps.
Pursuing the outcome you deserve
An aggressive fight for full compensation isn’t right or possible in every truck crash case. But many injured motorists settle for less than they deserve, so decide early what outcome you want and whether it’s worth pushing for more.
