A trucking accident can leave its victims with serious personal injuries and considerable financial losses. If another party — such as the truck driver or trucking company — is responsible for the accident, the victim may recover compensation for their injuries and damages. To do so, in many cases, it will be necessary to engage in truck accident litigation.
What Is Truck Accident Litigation, and How Does the Process Work?
Put simply, litigation is the process of resolving a legal claim through the court system. It involves filing a lawsuit in the appropriate court, located in the correct jurisdiction, and filed before the statute of limitations expires. Litigation involves presenting your claims to a jury in order to recover compensation for the damages you have suffered during your accident.
Generally, the beginning of the litigation process involves filing pleadings, which are the initial documents that set out the parties’ claims, defenses, and positions. The discovery period follows, during which the parties exchange information, including relevant documents and depositions. During this time, there may also be various pretrial motions, along with extensive settlement negotiations between the parties. If a settlement is not possible, then the case will proceed to trial, where the jury will serve as the main fact-finder and the judge will determine issues of law. At the end of the trial, the jury will reach a verdict, which will finally determine questions of liability and damages.
What Are Some Important Things to Know about Truck Accident Litigation?
If you’re involved in a truck accident that has the potential to go to court, there are a few things you should know beforehand. These include:
- Litigation is not the only way to resolve a truck accident claim. In fact, the vast majority of civil lawsuits, including motor vehicle accidents, are resolved outside of court, most of them through a settlement agreement. Settlement negotiations, however, can be complicated, and they often involve a power imbalance. After all, when you’re negotiating with a large insurance company, you must keep in mind that their goal is to keep payout as low as possible, and they often have significant financial and legal resources on their side. An experienced attorney can help balance out your interests and negotiate with the other parties and their insurers on your behalf.
- Litigating truck accident cases takes many steps, and the process can be lengthy and costly. You will need to file your pleadings in the appropriate court, conduct extensive discovery and factual investigation, file the appropriate motions, and ultimately argue your claims to a jury. If you’re set on going to court, take note: trials might take significantly longer, require more resources, and bring about more ambiguity about their potential outcome than settlements. You should carefully evaluate your goals for an outcome and engage a knowledgeable lawyer to discuss your legal rights, options, and the possibilities of a favorable settlement.
- In order to prevail on your claim, you will need to prove the elements of liability and damages. Truck accident claims generally involve negligence, which is a claim brought against a responsible party who has breached a duty of reasonable care to another. To prove liability, you will not only need to show that the truck driver or trucking company did not act as a reasonable person would have acted, but also that their actions directly caused your injuries. Damages are another key element in a truck accident case. They can include both your specific out-of-pocket costs, such as your medical expenses, lost income, and mechanic’s bills, and your general damages, such as your pain and suffering and the decline in your quality of life.
- There are many facts that can make a difference in what happens with your truck accident claim. For starters, truck accident claims often involve multiple parties — such as the truck driver and the trucking company — along with their insurance companies. The presence of many parties, coupled with the often significant injuries and damages, can make for a complicated case. Moreover, your claim will be only as strong as your evidence, and you’ll need to work with your attorney to ensure you are preserving, compiling, and utilizing relevant evidence to your benefit.
How Can The Francis Firm Help with Your Trucking Accident Claim?
Trucking accident claims can quickly become complicated, and having a knowledgeable attorney by your side can make all the difference. Our experienced personal injury lawyers will inform you of your legal rights and options, and we will work with you to make sure you receive the medical care you need. We will negotiate with the other parties and their insurance companies toward a fair and reasonable settlement. If the insurance company refuses to offer full value in settlement, our trial-tested Texas personal injury lawyers are always ready to take them to court. Please reach out to us today for a free, no-obligation initial legal consultation online or by calling 817)-617-8639. With our office in Southlake, we serve communities throughout the Dallas/Fort Worth area, Tarrant County and Dallas County, and other communities in Texas.