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Reaching a settlement following a truck accident

Texas residents who are injured in a trucking accident may have the ability to seek compensation if it is believed that the accident was caused by the negligence of the truck driver or trucking company. Although some of these cases end up going to trial, many are settled before it ever gets that far.

Settlements are reached when both parties reach an agreement. This can be done through negotiation, arbitration or mediation. Injured victims and their attorneys often attempt to reach a settlement while the case is being litigated.

There are many advantages to reaching a settlement outside of court. In general, using alternative dispute resolution techniques are cheaper than going through with the trial. Neither party has to admit to fault. Additionally, both parties may be able to deal with the issue in a rational and calm way, potentially leading to an amicable resolution. However, there can also be some potential disadvantages. For example, the plaintiff may be awarded less than if the case went through litigation. Further, once a binding settlement is made, the plaintiffs give up their right for a future trial. Settlement agreements often prohibit a disclosure of the terms.

Due to the overwhelming size and weight of these vehicles, semi truck crashes can result in catastrophic injuries to occupants of other vehicles. When there is overwhelming evidence that the accident was caused by the negligence of the truck driver, such as one who was driving impaired or speeding, an attorney for an injured victim may suggest proceeding to trial, as a jury award could end up being significantly higher than the amount of a settlement.

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