Most truck accident cases do not go to trial. Many settle during the insurance claim process, after a lawsuit is filed, or during mediation. A settlement can save time, reduce stress, and give both sides more control over the outcome.
However, a settlement is only helpful if it reflects the full value of the case. Because the stakes are high, insurers may fight hard to limit their payouts. If they will not make a reasonable offer, a trial may be the next step. Keep reading to learn more about whether or not a truck accident case may go to trial.
What Factors Make a Trial More Likely?
Some cases are more likely to go to trial than others. The biggest factor is often whether the parties agree on fault and damages.
A trial may be more likely when:
- The trucking company denies responsibility.
- The insurer says you caused the crash.
- The parties disagree about how badly you were hurt.
- Your injuries require long-term care.
- The insurance policy limits are high.
- Several companies or drivers may share fault.
- Key evidence is disputed.
These issues do not guarantee that a trial will happen. They simply make it harder for both sides to reach a fair agreement.
Why Are Truck Accident Cases Often More Complicated?
Truck accident cases are different from many car accident cases. Commercial trucks are large, heavy vehicles that can cause severe injuries. They are also often operated by companies that must follow state and federal safety rules. These complications can affect both how long a case may take and whether it goes to trial.
The Federal Motor Carrier Safety Administration maintains regulations for commercial motor carriers, including rules related to driver qualifications, inspections, repairs, hours of service, and other safety issues. These rules can become important when investigating why a crash happened.
A truck accident case may involve questions such as:
- Was the driver tired or over the allowed driving limit?
- Was the truck properly inspected and maintained?
- Was the cargo loaded safely?
- Did the company pressure the driver to meet an unsafe schedule?
- Did the driver have the proper training and license?
- Were safety rules ignored?
The more disputed these questions are, the more likely the case may need litigation.
What Happens Before a Truck Accident Trial?
A case does not go to trial right away. Before trial, your legal team will usually investigate the crash, gather evidence, calculate damages, and negotiate with the insurance company.
If the insurer does not offer a fair settlement, your attorney may file a lawsuit. Filing a lawsuit does not mean your case will definitely go to trial. Many cases still settle after a lawsuit is filed.
The pretrial process may include discovery. This is when both sides exchange information and take depositions. A deposition is sworn testimony given before trial. The parties may also attend mediation, where a neutral third party helps them try to settle the case.
What Are the Benefits of Settling?
A fair settlement can help you avoid the time and uncertainty of a trial. It can also allow you to receive compensation sooner than if you wait for a verdict.
Settlement may provide faster compensation for losses such as:
- Medical bills
- Future medical care
- Lost income
- Reduced earning ability
- Pain and suffering
- Property damage
- Out-of-pocket expenses
A settlement also gives both sides finality. Once the case resolves, you can focus on your recovery without waiting for court dates or a jury decision.
When Is Trial the Better Option?
Trial may be the better option when the insurance company refuses to take your case seriously. If the offer is far below your case’s value, accepting it may leave you paying out-of-pocket for future costs. A trial allows your attorney to present evidence to a judge or jury. This may include expert testimony, medical records, evidence, and proof of how the injuries changed your life.
Trial also carries risk. A jury could award more than the settlement offer, less than expected, or nothing at all. That is why the decision should be made after careful review of the evidence, risks, and potential value of the case.
Contact the Florida Truck Accident Lawyers at Shaked Law Firm, P.A. for Help
You may not know right away whether your truck accident case will settle or go to trial. What matters most is preparing the case as if a trial may happen. Strong preparation can often lead to better settlement offers and a stronger position in court.
Our team can review your crash, explain your options, and deal with the insurance companies on your behalf. Contact Shaked Law Firm, P.A. today at 305-937-0191 to schedule a free consultation with a truck accident attorney.