Getting into a truck accident can be terrifying and devastating. Your injury can lead to medical debt and missing out on life. It may feel like you are drowning in everything you must do after the accident, and now you have to worry about potentially going to court.
A court case can be complex, but you should know you have rights. Understanding the phases and steps can help you feel more at ease and prepared. You will have a South Carolina truck accident lawyer on your side every step of the way.
How to Determine if a Truck Accident Case Will Go to Court
Several factors determine whether a truck accident claim may potentially settled or go to court. One factor is the insurance company’s reasonableness during negotiations. If an insurance company is willing to negotiate, that is a good sign that you will likely not go to court.
The cooperation of the truck driver and trucking company during evidence gathering and investigation also plays a role. Drivers and trucking companies who provide requested records, documentation, and access to personnel mean they want the case to be over as quickly as you do. However, a company or truck driver who conceals documents or obstructs inspections may go to court.
Depending on how severe your case is and the certainty of evidence, showing negligence also determines the likelihood of settlement versus court action. When evidence like video footage, maintenance records, eyewitness statements, and expert reconstructions clearly prove negligence, defendants often settle reasonably. However, speculative liability supported only by limited evidence frequently necessitates litigation to establish facts.
How to Prepare for a Truck Accident Court Case
Organization of your documents and case is vital to effectively pursue truck accident court cases. You should maintain all of your records of all losses and expenses tied to the crash. This includes medical bills, property damage invoices, lost pay stubs, and receipts for medications, equipment, and transportation costs related to treatment.
It is also essential for victims to follow all prescribed medical treatment plans without any gaps, even after litigation begins. You must document diligent efforts to recover function and manage chronic issues. Ongoing care proves losses are serious and permanent.
Consulting closely with your attorney to prepare for litigation milestones is also vital. Preparing for independent medical exams, assembling discovery evidence, rehearsing deposition testimony, and readying for rigorous cross-examination at trial requires extensive strategic preparation and advice of counsel to smoothly navigate these litigation steps. Close collaboration with your attorney at each phase minimizes legal missteps.
What to Expect at a Truck Accident Trial
Truck accident trials begin with jury selection, where attorneys question and screen potential jurors to seat an impartial panel. Both sides seek jurors who will objectively weigh negligence evidence to render a fair verdict. Mock trials and jury consultants aid attorneys in identifying favorable jurors.
Opening statements allow each attorney to present an overview of their core arguments and preview key evidence corroborating their case theories. Plaintiffs focus statements on establishing negligence and quantifying damages. Defense statements propose alternate liability theories requiring jury scrutiny.
The trial then transitions into the evidentiary phase. This is where attorneys present exhibits, documents, photos, footage, and witness testimony aimed at constructing persuasive, compelling narratives before the jury. Thorough preparation ensures smooth witness examinations and discrediting opposition witnesses during intense cross-examinations.
After you present all of the evidence, the attorneys deliver closing arguments. During this, they will sum up the most evidential points and interpretations of the evidence. The jury then enters deliberations to come up with a liability verdict and assess damages.
Tips for Winning a Truck Accident Case
Winning a truck accident case relies heavily on providing persuasive liability evidence. Working with accident reconstruction experts to analyze physical evidence and model the collision provides scientifically objective negligence proof. Subpoenaing the trucking company’s inspection and maintenance records can expose failure to address mechanical deficiencies.
Presenting strong evidence for both economic and non-economic damages also brings higher awards. Work with financial experts to calculate the lifetime impact of lost earnings potential and projections of substantial future medical costs. Have physicians testify regarding the scope of physical limitations, chronic pain, and the necessity of ongoing treatment caused by the collision.
Attorneys also select jury members inclined to closely scrutinize corporate wrongdoing and reliability. They frame defendants as repeatedly prioritizing profits over safety protocols that could have prevented devastating crashes. Highlighting patterns of negligence and appealing to juries’ sense of moral justice can be effective.
Common Mistakes to Avoid in a Truck Accident Lawsuit
In 2021, 5,7000 large trucks were involved in a fatal crash, up by 18 percent, so it is important to be aware of the common mistakes. Strict statutes of limitations dictate required legal action deadlines that untrained individuals forfeiting rights can easily miss. Additionally, delayed evidence collection complicates proving facts, and memories fading over time benefit defendants.
Providing recorded statements or interviews to insurers without a lawyer present can also significantly impact your case. Insurers leverage victims’ words against them by distorting statements to assign blame elsewhere. Additionally, thoughtless speculation caught on recording can damage credibility regarding the facts.
Failing to follow physician orders and complete prescribed treatment regimens also allows more defense challenges. Incomplete treatment suggests exaggerated injury claims regarding the causes of continuing issues. Gaps in care must be justified appropriately to rebut assumptions of recovery.
Our Team Is Eager to Help You
If you or a loved one were injured in a truck crash, our team is ready to fight for you in court if needed. Our attorneys have decades of combined litigation experience, successfully taking trucking companies to trial when they fail to take responsibility. We will thoroughly review and document your losses and create persuasive legal arguments positioning you for maximum compensation.
You do not have to endure the legal battles alone. Our dedicated attorneys will stand by your side. Contact us for a free consultation to see what next steps you should take to get the most potential out of your case.