Mediation for Truck Accidents

If you were injured in a truck accident, there may be multiple parties at fault. It is crucial to seek representation from a trial attorney who also understands the intricacies of mediation, and who has a strong reputation. When the plaintiff’s counsel has a strong reputation, he or she is more likely to be taken seriously by opposing counsel and the defendant’s insurance adjustors. You should not discuss your case with representatives for a truck driver or trucking company or another potential defendant before you consult an experienced Syracuse truck accident lawyer about your claim. At DeFrancisco & Falgiatano, we have sought best outcomes for injured clients for more than 30 years—we’ve obtained well over $100 million in awards and settlements on behalf of our clients, injured in truck accidents as well as other types of accidents. Give us a call.

Truck accidents may be the fault of multiple parties. It’s common for a plaintiff’s attorney to look to a truck driver’s conduct to see whether he or she is responsible for injuries and try to negotiate a settlement with his insurer. However, a seasoned trial attorney will conduct enough investigation to be sure there aren’t also other potentially responsible parties, such as the trucking company, a mechanic, a third party loader, or drivers of other vehicles.

It can be important to bring all potentially responsible parties into the litigation and conduct significant discovery. Trial, however, is expensive and it can be stressful, so when a case can be settled, it may be appropriate to take the case to mediation. In mediation, a third party neutral will look at all sides of the case and listen to parties’ arguments. Unlike a judge at trial, whose decision is final, a mediator will make recommendations about settlement to the parties. Those recommendations can be taken or left by the parties as they see fit.

Typically, a plaintiff must establish the defendants’ negligence in order to recover damages. This means our Syracuse attorneys will need to prove: (1) you were owed a duty of care by the defendant, (2) the defendant breached the duty of care, (3) causation, and (4) actual damages. It is important to be aware that a defendant may coordinate with other defendants in order to shift the blame onto you, even if, especially if, you were catastrophically injured and require significant medical care.

Often a truck driver’s insurance coverage is insufficient to cover the full extent of harm suffered by accident victims. As appropriate, we may need to hire an accident reconstruction expert and other experts to testify as to what most likely happened, and what past, present, and future damages should be awarded. At a mediation of your case, if we have obtained sufficient discovery, we may provide evidence of this nature to try to establish your entitlement to damages. When a mediator is a retired judge or lawyer, he or she may be able to persuade opposing counsel to offer more than can be obtained informally.

Sometimes a fair settlement simply cannot be reached in truck accident litigation. A settlement may not have traction for many reasons, including clashes between parties, the underinsurance or lack of insurance of one or more parties, significant conflicts in evidence, or personalities that are simply not amenable to a settlement. Mediators work with parties to try to reach an outcome that everyone can live with.

Mediation can take many hours and entail expenses, but in some cases, particularly when there are multiple parties amenable to working it out, it can be the best, or most appropriate venue, within which to settle a case. Damages you may be able to obtain when our Syracuse law firm can show liability may include compensation for harm suffered as the result of a truck accident, such as medical bills, out-of-pocket expenses, pain and suffering, emotional distress, and loss of consortium.

If you were injured or a loved one was injured in a truck accident, call our seasoned Syracuse lawyers to represent you at mediation or at trial. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for injured truck accident victims in Oswego, Lyons, Ithaca, Canandaigua, Lowville, Herkimer, Cooperstown, Auburn, Buffalo, Oneida, Utica, Rochester, Albany, Wampsville, Watertown, Binghamton, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.