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Can a truck accident be resolved through arbitration?

Following a truck accident it is possible to resolve any claims of personal injury that may arise through an alternate dispute resolution technique. Even though injured parties can file a personal injury lawsuit to seek damages and compensation for their injuries, before the case goes to trial there is a possibility of resolving the matter through an ADR method, such as mediation or arbitration.

Mediation is not binding on the parties, but the parties must agree to partake in the process and participate on a good faith basis to reach a settlement. Arbitration, on the other hand, is a binding process, and even if the truck accident is being litigated the parties can attempt to reach settlement before going to trial. Both ADR methods are confidential.

Some advantages of arbitration are that the process is not as adversarial in nature as the court process and is not as protracted. Even though an arbiter presides over the matter, the parties sit at a table together to reach a settlement. During the arbitration process parties can talk about the truck accidents openly and frankly with each other, present their positions and state openly who they think is liable in the case being arbitrated. Following all the information presented by both sides during arbitration, the arbiter will make a decision. The decision is binding on both parties.

The disadvantage of arbitration in truck accidents is that both sides forgo their right to a trial and any settlement amount awarded may be a less that what the party seeking damages could have gotten if they prevailed in a trial. Arizona residents interested in learning more about the option of arbitration in a truck or car accident may want to have their case evaluated to determine if it is right for an out of court settlement.

Source: Findlaw, "Trucking Accident Settlements: What to Expect," Accessed June 15, 2015

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Law Office of Keith A. Hammond, P.C.

Keith A. Hammond, P.C. Attorney at Law
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