No, most truck accident cases are settled out of court. The insurance company will evaluate your claim and decide whether to offer a settlement or deny the claim completely. If they are willing to negotiate, you may be able to reach an agreement without having to go to court. But, if the insurance company denies your claim or offers a settlement that doesn’t cover all of your medical bills and other damages, then it may be time to take your case to court.
A knowledgeable truck accident attorney from The Kryder Law Group, LLC Accident and Injury Lawyers can provide you with invaluable insight and counsel throughout the process, helping to ensure that you receive the best possible outcome for your truck accident claim.
In this Article
Reasons You May Have to Go to Court for a Truck Accident
There are certain circumstances where you may have to take your case to court for a truck accident including when the settlement negotiations break down or there are multiple negligent parties involved.
Unfair Insurance Settlement Offers
If you and your truck accident lawyer are not able to reach an agreement with the insurance company, a court may need to review your case and make a ruling. Examples of unfair settlements include when the insurance company does not cover all your medical bills or other expenses related to your truck accident injuries. It is also possible that the settlement may not be enough to compensate you for pain and suffering, lost wages, or other damages.
Multiple Negligent Parties Involved
It is more likely in a crash with a semi-truck or other commercial vehicle that there will be negligence from multiple parties, unlike a car accident claim. If there are multiple negligent parties involved in a truck accident, you may need to take your case to court in order ensure that you receive fair and full compensation from all negligent parties.
Who Can Be Held Responsible for a Trucking Accident
Because accidents with big trucks can be so complicated and devastating, there may be multiple parties that are liable for a trucking accident including the drivers, trucking companies, parts manufacturers, and more. Depending on the circumstances of your case, liable parties may be:
The truck driver themselves
The trucking company or employer of the driver
Maintenance and repair companies responsible for keeping the truck in good working condition
The company that loaded the truck
The manufacturer of the truck or any defective parts
Local, state, or federal governments responsible for road design and maintenance
The Process of Filing a Truck Accident Lawsuit
With truck accidents, if the insurance company refuses to negotiate, denies your claim, or low balls the settlement offer, you may have to go to court. If your case goes to court, it is important to:
Make sure you understand all of the legal options available to you and discuss them with your personal injury lawyer.
Keep detailed records of all relevant documents such as medical bills, repair costs, etc.
Determine if there are any relevant laws or regulations that could affect your case.
Take into account any statutes of limitation that may apply to the case.
What to Expect If Your Truck Accident Case Goes to Court
If your truck accident case does need to go to court, your truck accident lawyers will need to present evidence that proves how the at fault party was negligent and caused your serious injuries. The Kryder Law Group, LLC Accident and Injury Lawyers can help you prepare for trial by gathering witness statements, preserving medical records, hiring expert witnesses, and organizing all of the documents related to the case, and more.
Steps Involved in a Truck Accident Court Case
If your truck accident case does go to court, your personal injury lawyers will provide representation through the entire process from start to finish, including:
Gathering evidence and witnesses that will support your claim.
Submitting a complaint detailing your claims and damages to the court.
Serving notices of the lawsuit to all parties involved.
Attending pre-trial conferences with all parties and the judge.
Discussing with you what to expect when going to court.
Presenting arguments to the court.
Receiving a verdict from the judge or jury.
What Happens After a Truck Accident Case Goes to Court
Once the court has made a decision, the judge or jury will either award damages to you or rule in favor of the defendant. If they decide in your favor, you may be entitled to compensation for medical bills, pain and suffering, lost wages, and other damages related to the accident.
Appealing a Case
If you are unsatisfied with the verdict of your case, you may be able to appeal the decision. This process can be lengthy and complicated, so it’s important to consult an experienced lawyer from The Kryder Law Group, LLC Accident and Injury Lawyers who can provide guidance throughout the process.
Contact The Kryder Law Group, LLC for Help with Your Truck Accident Case
If you have been seriously injured in a truck accident, it is important to consult an experienced lawyer who can help you understand your legal options and fight for the compensation that you are entitled to. At The Kryder Law Group, LLC Accident and Injury Lawyers, we represent seriously injured accident victims. Contact us today for a free consultation.