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Do Semi-Truck Accidents Go Trial?
Many semi-truck accidents end in settlement. Yet some go to trial if liability is disputed or if there is a large potential payout. The choice to go to trial or accept a settlement lies with a complainant after they understand the full impact of the damages and the evidence to support their claim.
Truck collision cases are more complex because multiple parties might share fault, serious injuries may need a thorough investigation, and extensive losses often lead to higher settlement demands. Additionally, truck accident claims involve federal regulations, and there’s often aggressive pushback from insurers who may try to delay or undervalue claims. More about our D.C. truck accident attorneys here.
When talks with insurers break down, taking the case to trial might be the only path forward.
Will Your Semi-Truck Accident Go to Trial?
Your case may go to trial if the liable parties’ insurance providers act in bad faith. Going to trial could get you a higher compensation than what insurers are offering.
Insurance companies often want to settle for the lowest amount possible. Hence, they may act in bad faith to push a complainant into accepting a lowball offer.
The insurers may claim you caused the collision or contributed to it. They’ll look for any inconsistencies in your story to undermine your credibility, especially if they got a recorded statement from you immediately after the crash. They may also minimize your injuries, claiming that your pain is unrelated to the crash. Delays in negotiation are another strategy they employ, hoping you’ll become desperate and settle for less.
The best way to determine whether to take your semi-truck accident to trial is by talking with an experienced truck accident attorney near you.
What Makes a Case More Likely to Go to Trial?
Large compensation claims make a case more likely to go to trial if medical bills and pain are high. The insurers hope a judge or jury will decide to minimize their payment. Additionally, when fault remains unclear, insurance companies often deny their role or shift blame to you or another party. Hence, you may have to go through a court trial.
Reputation can also sway a case toward trial. Some trucking companies insist on a court ruling if they see little or no wrongdoing on their part. Winning a case publicly could protect their image. On the other hand, companies aiming to avoid attention may choose to settle quickly and quietly.
Factors That Determine Whether Semi-Truck Accidents Go to Trial
The factors that make semi-truck accident cases more likely to go to trial include how strong the evidence is, the costs insurers might pay, the reputation of your attorney, any share of fault you bear, the seriousness of your injuries, and the trucking company’s motives.
The Level of Evidence
Strong proof of negligence can encourage insurers to reach an agreement early. The insurer may argue about fault if records and witness statements are unclear or minimal. This uncertainty can stall settlement negotiations and increase the likelihood of going to court. In this case, convincing evidence, such as police reports, medical records, and service logs, helps overcome these disputes.
How Little Insurance Companies Need to Payout
A smaller claim is easier for insurers to settle quickly without needing a trial. However, when a claim involves expensive medical costs or lengthy recoveries, they might prefer trying their chances in court. They hope a judge or jury decides to award less than what you request.
How Much Legal Fault Lies with You
If the insurer has evidence that you shared blame for the accident, they may reject offers or fight harder. On the other hand, if your role in the crash is minimal and backed up by proof, talks about fault could go more smoothly.
The Extent of the Damages
Semi-truck accidents sometimes result in severe injuries and high medical bills. Whenever victims face a long-term or permanent injury, the financial stakes rise. Insurers may refuse to settle for large sums and choose litigation, hoping a court verdict saves them money.
The Degree of Pressure from The Trucking Company
The trucking company may rely on its insurers to avoid large payouts or negative headlines. If it believes the driver acted safely, it might push for a trial to defend its position. Alternatively, if it hopes to close the matter quietly, it might settle swiftly.
The Reputation of the Legal Firm Representing You
Insurers often research a lawyer’s track record. If your legal team has a solid history of winning truck accident suits, the insurers might be more inclined to offer a fair sum out of court. On the other hand, if they believe your counsel has limited experience, they may risk a courtroom battle.
Things to Consider If You Decide to Go to Trial
- A Longer Process: You may face delays in collecting evidence if there are multiple defendants. Courts require proof of every loss you suffered, which takes time.
- The Legal Burden: You must show a legal duty existed, that the at-fault party breached it, and that this breach led to your harm. Next, you must prove measurable damages, such as medical expenses or missed wages.
- Possible Bigger Compensation: Trials might yield higher awards, including extended pain or future care costs.
What to Expect If Your Case Goes to Trial
Semi-truck accident lawsuits follow many steps. These cases often begin by finding who might be liable, such as a truck driver or company. Next, you file a formal lawsuit that outlines your claim and losses. This process involves naming all responsible parties and explaining why they owe you compensation.
After filing suit, both sides gather proof during the “discovery phase.” This exchange involves documents, truck data, and depositions. You may answer questions under oath, as will the at-fault parties. Each side tries to strengthen its position. The trucking company’s lawyers will examine every detail to shift blame or avoid heavy payouts. Once discovery closes, negotiations might continue. If no compromise emerges, the case proceeds to trial.
At trial, the focus is on evidence and testimony. Your attorney works to show how the trucking company or driver acted negligently. Expert witnesses might testify about trucking regulations or accident reconstruction. You could also speak about how the crash affected your life. Meanwhile, the defense aims to argue that your injuries are overstated or that you caused the accident. Both sides present evidence and then make closing arguments before a judge or jury.
A verdict follows. If the court rules in your favor, the final step is to collect the award. The defense may pursue an appeal, which might delay your payment. Once all appeals end, the case closes, and you move on. This entire process may be lengthy, particularly in crashes with severe injuries or multiple at-fault parties. An experienced truck accident lawyer practicing in your location will guide you through each stage if a trial proves necessary.
Should You Settle Out of Court or Go To Trial?
Settling out of court may wrap up your case faster. You avoid the uncertainties of a public trial. Many insurers prefer this option to limit their costs.
However, if your injuries are catastrophic or liability is hotly contested, a trial may bring a higher award. The courtroom can consider all your damages, including ongoing pain, and may deliver a verdict that better reflects your losses. However, trials require more time and resources.
Consult with legal counsel to determine the best course based on your injuries, available evidence, and long-term needs.
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