There is no need to go to court in most truck accident cases. The involved parties can often settle their disagreement out of court and come to a beneficial conclusion. However, some conflicts might arise that put the parties at odds, and they might need to go to court to get the final ruling. In other cases, suing for damages from the at-fault party might lead to a court case.
There is no clear-cut answer, as there could be multiple factors at play. Only time will tell whether you must go to court for a truck accident So, let's take a closer look at what circumstances lead to a truck accident case going to court.
What to Expect If Your Case Goes to Trial?
In some cases, the parties involved can settle their disagreements out of court. You can also file a truck accident claim but settle it without going to court. Furthermore, your ability to plead your case in court may vary based on your state's laws.
However, you will have to prove two main factors if your case goes to court. Some of the factors you will have to prove in court include who is liable for the accident and the severity of your injuries.
Liability
Establishing fault is important in any truck accident case. Anyone who performs a breach of duty of care to another person is often responsible for their damages. Drivers have a duty of care to other road users and should not act in a way that puts them in harm's way. A truck driver who breaches this is said to be at fault.
However, more than one party can be responsible for the accident in truck accident cases. For instance, if the accident was caused by a faulty part, then the manufacturer could also be liable. What's more, you may even share part of the fault for the accident. In which case, you may only receive partial damages.
Furthermore, the party at fault might even try to put some of the blame on you. If this is the case, working with a truck accident lawyer can help you combat blame. If problems arise with establishing liability for a truck accident, the case might have to go to trial. At this time, the court will look at the available evidence and decide on the responsible party.
The Severity of the Injuries
Trucks are bigger compared to other vehicles, and an accident with one can often severely harm the other party. Severe truck accident injuries can amass medical bills that you might struggle to pay and require a lengthy recovery period. In this instance, you may have to go to court to prove the severity of your injuries.
Working with a truck accident lawyer can improve your chances of getting a fair settlement. They can help you collect all the necessary evidence, such as medical records and receipts. Furthermore, if the parties cannot reach an agreement, they can help you present your case in court.
What Damages Can You Recover if the Case Goes to Trial?
The compensation for truck accidents varies per case. With that said, there isn't much difference in the kind of compensation you receive. The damages remain the same whether you go to trial or not. However, you may be able to boost your chances of getting adequate compensation by having a truck accident lawyer guide you through the process.
Your lawyer can help ensure you get compensation for any out-of-pocket expenses you incur as a result of the accident. This often involves any non-economic losses and other related treatment and medical care costs, including:
- Medical and rehabilitation expenses
- Cost of repairing or replacing damaged property
- Pain and suffering damages
- Lost wages
- Reduced earning capacity
- Funeral costs if the accident led to the death of a loved one
However, your ability to claim the above often items varies by state. An attorney can explain to you your state's specific laws and regulations regarding what damages you can receive.
How Dolman Law Group Can Help You
With all the legalities surrounding truck accident cases, it is helpful to have someone looking out for your needs. At the Dolman Law Group, our truck accident attorneys can help you determine if your case should go to court. They are also ready to represent if the case goes to trial. Call us today for a case consultation!