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Will I Go to Trial if I Sue a Truck Driver or Trucking Company After a Crash?

If you were recently injured in an accident involving a semi-truck, you likely need significant compensation to cover your medical bills, lost wages, and pain and suffering. If insurance isn’t offering you a fair settlement, you may need to file an injury claim or lawsuit against the truck driver or trucking company. However, you also may be worried about having your case go to trial, as the idea of testifying in court can be extremely stressful for some people and trials can drag out a claim.

Don’t worry—most injury claims, including truck accident claims, settle long before they go to trial. However, a small minority of cases do go to trial. In this blog, we explore all of the primary reasons truck accident cases are resolved at trial by juries instead of at the negotiation table and explain how we can help you maximize your chances of getting full compensation whether your claim goes to trial or not.

8 Reasons Your Truck Accident Claim May Go to Trial

  1. Disputed Liability: If there’s disagreement over who caused the truck accident, your claim might go to trial. The trucking company, driver, or other parties may deny responsibility no matter how much evidence you have of their fault. In this case, going to trial may be necessary to prove fault.
  2. Inadequate Settlement Offer: If the insurance or trucking company refuses to offer you a settlement that fully covers your damages, you may need to take your case to trial. It’s important to have a lawyer on your side who can accurately calculate how much money you’ll need to cover your current and future crash-related expenses.
  3. Multiple Parties Sharing Liability: Some truck accidents involve multiple parties who may potentially be at fault simultaneously, such as the driver, trucking company, truck manufacturer, or even the truck maintenance crew. When multiple parties are involved, it may be necessary to go to trial to get compensation—especially if the parties each blame each other for the crash.
  4. Severe or Catastrophic Injuries: If you’ve suffered severe or life-altering injuries, the damages you’re seeking may be substantial. When they’re potentially facing huge settlements, insurance companies often resist paying victims what they deserve. If this happens to you, going to trial may be your best option for getting fair compensation.
  5. Disputes Over Medical Evidence: If the insurance company challenges the severity of your injuries or the necessity of your medical treatments, your case may go to trial. You may need to provide testimony from medical experts and accident reconstruction specialists to prove the extent of your injuries.
  6. Bad Faith by the Insurance Company: If the insurance company delays payment, refuses to investigate your claim properly, or undervalues it, taking your case to trial can mean holding the insurer accountable for acting in bad faith.
  7. Dispute Over Damages: Even when the other side agrees they were at fault, they might dispute the damages you should receive. If you can’t agree on the amount for lost income, future earnings, or pain and suffering, you may need to go to trial to seek fair compensation.
  8. Possibility of Punitive Damages: If the truck driver or company acted with gross negligence or violated the law, such as driving under the influence, you may pursue punitive damages. Because only judges and juries can award punitive damages, your attorney may recommend going to trial if receiving these damages is a strong possibility.

How We Can Help at the Negotiation Table or in the Courtroom

Here’s how your Oklahoma City truck accident lawyer will play a major role in helping you succeed in the negotiation stage or win if your case goes to court:

Helping You Secure a Fair Settlement

  1. Gather Evidence: Your lawyer will gather evidence to build a strong case, leverage it during negotiations, and push for a fair settlement that covers all your losses, including medical bills, lost wages, and pain and suffering.
  2. Present Strong Evidence Early: By presenting a strong case with compelling evidence early on, your lawyer can show the opposing party that it is in their best interest to settle. If the defense sees you have a solid case, they may prefer to settle rather than risk losing at trial.
  3. Assess the Value of Your Claim Accurately: Your lawyer will help ensure that any settlement offer you receive is fair and based on the total value of your claim. Our experience in truck accident cases allows us to assess the financial impact of your injuries, and we’ll advise you on whether a settlement offer is fair and when you should consider taking your case to trial.

Helping You Succeed at Trial

  1. Cross-Examination and Expert Testimony: At trial, your lawyer will cross-examine witnesses from the defense and challenge their testimony. We’ll also call upon experts who can bolster your case, such as accident reconstruction specialists, medical professionals, or economists, to testify about your losses and future expenses.
  2. Prove Negligence and Liability: Your lawyer’s main task at trial is to prove the trucking company, truck driver, or other parties were negligent and liable for your injuries. Using the evidence collected during the investigation, your lawyer will argue that the defendant’s actions or inactions directly caused your accident and injuries.
  3. Persuade the Jury or Judge: Trial success often depends on how well your lawyer can tell your story persuasively and relatable. Your lawyer will present a strong and evidence-based narrative about the accident and why you deserve compensation. This requires skill in arguing complex points of law and making your case understandable to a jury or judge.

Contact Our Oklahoma City Truck Accident Lawyers for a Free Case Review

It’s unlikely that you’ll go to trial if you file a truck accident claim or lawsuit, but we don’t hesitate to take our clients’ cases to court if that’s what it takes to get them full compensation.

At Parrish DeVaughn Injury Lawyers, we prepare every case as if it’s going to trial. We also make the process as smooth and comfortable for our clients as possible. If you and your lawyer agree that the other side’s settlement offers aren’t enough and you want to take your case to trial, you’ll be able to rest easy knowing you’re in good hands.

Our experienced Oklahoma City truck accident lawyers are at home in the courtroom, and we aggressively pursue maximum compensation for injured accident victims. Contact us today for a free consultation.

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