Texas victims of commercial truck accidents have two ways they can seek compensation. They can let their personal injury lawsuit go through a trial in civil court, or they can opt for settling out of court. They may find that the trucking company's representatives will prefer the out-of-court settlement.
One advantage is that settlements save time and money for the victims. There are distinctions to keep in mind, though. Settlements can be achieved through various methods of alternative dispute resolution, such as mediation, negotiations, and arbitration, and these can result in either binding or non-binding agreements.
ADR methods allow for a confidential, candid discussion of who was at fault and how much should be paid out in the settlement. Neither side has to admit to any fault as well. This means the other side may be less defensive and more willing to reach an amicable agreement. However, victims generally receive a lower amount in a settlement than they would with a successful lawsuit. Another disadvantage is that victims cannot pursue legal claims in the future that are connected to the accident or the injuries.
Finding a lawyer who focuses on motor vehicle accidents, especially those involving big rigs, is an important first step when determining whether to litigate or settle out of court. After a thorough case evaluation, the lawyer can find proof of the trucker's negligence with the help of investigators. This could include the trucker's work log, the police reports, and physical evidence from the accident scene. This evidence could be the determining factor when deciding how to proceed.