Do Semi-Truck Accidents Go to Trial?June 15, 2021
- 1. How the Semi-Truck Claims and Lawsuit Process Works
- 2. How to File a Truck Accident Lawsuit
- 3. You Need an 18-Wheeler Accident Attorney on Your Side, and Andy Citrin Is Ready to Fight
For people involved in a 18-wheeler accident that wasn’t their fault, an insurance claim is an important way to recover the costs of medical bills, lost wages, and other expenses associated with the crash. In many cases, the trucking company is willing to take responsibility for their dangerous actions, and injured people take home a settlement check without ever stepping foot in a court room.
However, when the people who caused the crash refuse to offer you the financial support you deserve, you have the option to sue. When this happens, your case could go to trial, meaning a judge and jury determines how much your injuries, lost wages, and pain and suffering are worth.
But how often do semi-truck accident claims go to trial? And what does it mean when they do? Keep reading to learn more.
How the Semi-Truck Claims and Lawsuit Process Works
After a crash, injured people can file a claim with the trucking company’s insurance carrier. You’ll work with a claims adjuster to record the details of the crash, the extent of your injuries, and other details. However, the insurance adjuster works for the company, not you. Their job is to settle your claim as quickly and cheaply as they can, not provide you with legal advice about how to maximize the value of your claim. Be very carful working with these people. In fact, it’s in your best interest to contact an attorney before making any kind of official statement that could put your claim at risk.
Once you’ve filed an insurance claim, you and your lawyer will go back and forth with the company. At this point in the process, your lawyer will clearly outline the value of your claim, and demand a settlement that covers your medical costs, lost wages, and other expenses. The insurance company will have an opportunity to do the right thing and offer you a fair amount. You can choose to accept that amount, which would be the end of your case.
If they refuse to offer a fair settlement, you and your attorney can decide whether you want to sue the trucking company and any other liable parties.
RELATED: Defective Parts: A Hidden Cause of Alabama Truck Crashes
How to File a Truck Accident Lawsuit
1. File a Complaint to Initiate the Lawsuit
If you and your attorney decide to file a personal injury lawsuit against the trucking company (and anyone else that could be held accountable), they will begin the lawsuit process by filing a legal document called a complaint against the wrong doer. This document describes the crash and how you were hurt and tells the wrong doer that you’re suing them.
2. Gather Information in the Discovery Phase
During the discovery phase, both sides have the opportunity to gather facts, evidence, testimony, and other useful information. This can include:
- Witness testimony
- Sworn statements (also called depositions)
- Compiling relevant documents like travel logs or emails
If you work with an attorney, they’ll handle the information-gathering process for you.
3. Consider Mediation
If you are open to resolving your lawsuit before it goes to trial, you and your attorney can try and work out a settlement in mediation. In mediation, an impartial mediator is in the room to manage the interaction and help the conversation go smoothly using negotiation and communication techniques. If you come to an agreement, you case is settled, and you don’t have to go to trial.
It’s not unusual for many cases to settle without having to set foot in a courtroom. However, if mediation doesn’t go well, and you’ve exhausted all your other options, your case can head to trial.
4. Your Semi-Truck Case Goes to Trial
In trial, a judge and jury will decide if the people or companies you’re suing are responsible for your injuries and other damages, and how much they owe you as a result. There are risks with going to trial—the jury could decide that you aren’t owed as much as your attorney says you are. However, can give yourself the best chance at winning when you work with a lawyer that thrives in a trial setting and has a long track record of successful verdicts.
At Andy Citrin Injury Attorneys, we’re proud of our winning reputation. We’re seasoned trial attorneys with a long history of winning in court, including obtaining a $3 million verdict for a truck wreck client in 2021.
Will My Trucking Accident Case Go to Trial?
Whether your case goes to trial is up to you and your attorney; no one can make the decision for you. However, your lawyer will help you make the best decision possible to protect your case, your chances at compensation, and your future.
You Need an 18-Wheeler Accident Attorney on Your Side, and Andy Citrin Is Ready to Fight
After a truck crash, attorney support and guidance are invaluable. Not only do experienced lawyers understand the legal process, but they also have the resources to fight back when the insurance companies are being unfair.
Our law firm is committed to securing the compensation you deserve, whether your case goes to trial or settles out of court. Our job is to do the heavy lifting so that you can focus on healing, or the healing of your loved one.
For more information, or to request a free consultation to learn more about your options after an encounter with a negligent semitruck driver or company, complete the contact form on our site or call 251-888-8888
Federal Motor Carrier Safety Administration. (2018). Large truck and bus crash facts 2018. United States Department of Transportation. Retrieved from: Large Truck and Bus Crash Facts 2018 | FMCSA (dot.gov)
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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