Do You Have to Go to Court For a Truck Accident?

It’s not always necessary to appear in court after a truck accident involving you or your loved ones.

Hear directly from Andrew S. Kryder, Esq. founding partner of the personal injury law firm The Kryder Group, LLC Accident and Injury Lawyers who answers this question.

“When we begin a case,” Andy says, “many clients will ask, ‘Do you have to go to court for a truck accident?‘”

“The answer is, ‘maybe.’ We just don’t know yet.”

Many cases are resolved through settlements with insurance companies, that assess your claim to either negotiate a settlement or deny it. If negotiations are successful, a court visit might be avoided.

However, if the settlement offered doesn’t fully cover your damages, legal action may be required to seek compensation. The experienced attorneys in our personal injury law firm can guide you through this process to seek optimal resolution of your claim.

Reasons You May Have to Go to Court for a Truck Accident

There are certain circumstances where you may have to take your truck accident claim to court including when the settlement negotiations break down or there are multiple negligent parties or vehicles involved.

The Insurance Company Failed to Offer a Fair Settlement

If your truck accident lawyer is not able to reach a fair agreement and the insurance company refuses to negotiate, a court may need to review your case and make a ruling.

An examples of an insurance settlement that is unfair is when the insurance company does not cover all 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 future medical bills, pain and suffering, lost wages, or other damages that most truck accidents involve.

Multiple Negligent Parties Involved

Different from a car accident claim, it is more likely that, in a crash with a semi-truck or other commercial vehicle, there will be negligence from multiple parties. If there are multiple negligent parties involved in a commercial truck accident, you may need to take your personal injury 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 commercial trucks can be so complicated and devastating, there may be multiple parties that are liable:

• The truck drivers themselves
• The trucking company or employer of the truck 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 for any defective parts
• Local, state, or federal governments responsible for road design and maintenance

The Process of Filing a Truck Accident Lawsuit

If cases stemming from truck accidents go to court, it is important to:

• Make sure you understand all of the legal options available to you and discuss them with an experienced truck accident lawyer.
• Keep detailed records of all relevant documents such as police reports, medical records and medical bills, repair costs, etc.
• Take into account any statutes of limitation that may apply to the case.

What to Expect When Truck Accident Cases Go to Court

When truck accident victims go to court with their truck accident lawyers, they will need to present evidence that proves how the trucking companies or other at-fault parties were negligent and caused serious injuries.

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:

• Submitting a complaint detailing your claim to the court.
• Gathering evidence and witness statements that will support your claim.
• Hiring expert witnesses to support your truck accident claims.
• 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 for your severe injuries or rule in favor of the defendant.

If the judgment is in your favor, you could be eligible to receive compensation for healthcare expenses, distress, lost income, and additional damages associated with 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 truck accident attorney from The Kryder Law Group, LLC Accident and Injury Lawyers.