A North Carolina resident who is injured in an accident involving truck driver negligence may potentially seek compensation from the driver and the trucking company by filing a lawsuit. Many of these lawsuits are settled outside of court to avoid the time and expense of litigation. However, there are advantages and disadvantages of taking this route that injured individuals should be aware of.
In general, negotiating a settlement can be advantageous as it is often cheaper than going through a court battle. Additionally, the case is usually settled much more quickly, meaning the injured person receives compensation in a more timely manner.
While the advantages of settling a case outside of court are numerous, there are some downsides. For example, the acceptance of compensation will prevent the injured person from pursing a future trial. The dollar amount of the settlement could potentially be much less than what a jury would have ordered. Most settlements prevent the injured person from publicly holding the liable driver or company that caused the accident accountable.
Truck accidents can result in catastrophic injuries to others who are on the road at the time, in large part due to the sheer weight and size of commercial vehicles compared to passenger cars. Injured victims may require extensive medical treatment, and in many cases they are unable to return to employment for lengthy periods of time. When the evidence is strong that the accident was caused by a truck driver who was impaired, speeding or otherwise negligent, an attorney representing a victim might suggest that pursuing litigation might be an appropriate course, as settlement negotiations can still proceed at the same time.