Louisiana residents who sustain injuries in trucking accidents may be legally entitled to financial compensation. In order to obtain such compensation, it may be necessary to file a lawsuit in civil court. However, victims also have the option of reaching settlement agreements before or during the litigation process. These informal settlements can save both parties money and time.
Alternative dispute resolution methods are often employed to obtain legal settlements. The parties to litigation may use mediation, negotiation or arbitration. Mediation and negotiation are nonbinding processes, which means that neither party is legally bound to any agreement. Arbitration is binding, and the process serves as a replacement for a civil trial, making any agreement legally enforceable. Claims for financial compensation due to damages caused by a trucking accident can be decided using ADR methods in a majority of cases.
Using ADR to resolve claims for damages is preferred over litigating in the courtroom because the costs are lower and a resolution is generally reached much quicker. ADR methods are also not as contentious as the litigation process as all parties can make their cases off the record and without admitting fault.
Being provided an environment in which they do not have to be extremely defensive allow the parties to discuss sensitive issues in a sensible and calm manner. ADR allows the individuals involved in trucking accident cases to converse openly about liability, the circumstances of the accident and more. It also increases the chances that an amicable settlement will be reached.
A personal injury attorney may assist clients with pursuing financial damages against the parties responsible for their truck accidents. Truck drivers and carriers may be held liable for negligent truck maintenance and violations of federal trucking regulations. The manufacturer of a truck may be held liable for defective auto parts that contributed to an accident.
Source: FindLaw, " Trucking Accident Settlements: What to Expect," Accessed April 22, 2018