Cedar Rapids, IA – Accident victims who were struck by a truck or commercial driver have a number of ways that they can try to receive compensation with the help of their attorney and the legal process. One of the most efficient ways that the victim can receive a fair sum of money is if the parties both agree to a settlement for an amount that is comparable to the damages that the victim suffered due to the collision. Settlements are most likely when the defendant is not going to be able to prevail at trial due to information and evidence shared throughout the discovery process.
What is a settlement agreement?
Many personal injury lawsuits do not go through the process of a full trial with testimony and the presentation of evidence. One of the reasons for this is that legal costs associated with a trial can be expensive, and the jury’s decision is an unknown variable that can result in either side unexpectedly losing the case.
The settlement usually includes the amount of damages that the defendant will give to the plaintiff, an agreement to terms that will end all legal action related to the accident and other auxiliary issues, and concludes other issues that are related to the case.
Before the funds from the settlement can be used or deposited, the plaintiff should contact their lawyer and their insurance company if necessary to ensure that any proper procedures to cash checks or access the funds are followed.
Evidence that moves the parties towards a settlement
Some evidence that may encourage the defendant to settle might include actions that would clearly demonstrate fault or negligence. The truck driver may have been driving outside of required hours or not taken breaks as is necessary for all long distance drivers due to federal regulations. The driver may also have had an invalid CDL or other problems with their credentials. Aside from regulatory violations, there are some truckers who break the law by doing things like speeding or driving under the influence of drugs or alcohol. If any of these problems are clearly present, it may not make sense for the defendant to argue against the plaintiff at trial when it is likely that they will lose.
Victims should keep in mind that the trucking business, rather than the individual driver will most likely be responsible for these losses. They may have relevant insurance coverage that also helps them pay for their liability to the accident victim.
Starting the process to bring a civil case
Victims of negligent truck drivers can contact a lawyer and begin the process to file a civil case against the business responsible. Eells and Tronvold focus on truck accident cases and other aspects of personal injury law.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400