If you are injured in a truck accident, you may have to go to court to seek compensation for your losses. This is common when the at-fault party is uninsured or underfunded. If the at-fault party’s insurance company refuses to offer a reasonable settlement, you may need to launch a lawsuit. While the majority of truck accident cases are settled out of court, some situations do necessitate the intervention of a judge or jury. You can present a compelling case and obtain the compensation you deserve with the help of an experienced truck accident attorney.
Let’s take a closer look at going to court following a trucking accident and what to expect…
You Must Appear in Court Following a Truck Accident
A trucking accident case can normally be settled out of court. However, it is often hard to receive just compensation without initiating a lawsuit. Here are some examples of how this might happen:
The Insurance Company Refuses to Make a Reasonable Settlement for a Truck Accident
Negotiating with the insurance company is the most delicate and complicated step in a trucking accident claim. Insurance adjusters have a lot of experience with these kinds of conversations, and they utilize unique strategies to coerce victims into accepting a low settlement. If you have an experienced lawyer on your side, you will be protected from these techniques. Insurance companies will do all possible to avoid a hefty payment, thus they will most likely offer you a low settlement and may refuse to negotiate. When discussions fail, you can take the dispute to court. The amount to be awarded is decided by the judge in the courtroom. Remember that the insurance company can offer a settlement at any time during the court procedures. If you accept the new figure, the lawsuit will be dropped.
The At-Fault Party Lacks Insurance
In truck accident lawsuits, several parties may be held liable for personal injury damages, including:
Trucking Company: If the truck driver was on the job at the time of the accident, their employer is liable for the damages. In such circumstances, you must negotiate with the transportation company’s insurance adjusters.
Manufacturer: If the truck accident occurred as a result of a malfunction, the manufacturer may be held liable. You must file a claim with the manufacturer’s insurance carrier in this scenario.
Truck Driver: If the truck driver was not working at the time of the collision, they are liable for the losses. You must file a claim with the driver’s insurance carrier in this scenario.
Other Drivers on The Road: A third party may be entirely or partially at blame for the disaster. It could be a person who is jaywalking or a reckless driver. You must file a claim with their insurance company in these circumstances.
Government: In exceptional circumstances, you may sue the government for an accident. This scenario could occur if the government’s negligence (failure to post traffic signs or repair a pothole) caused the accident.
You cannot submit a claim with the insurance carrier of any at-fault party. Another option is to initiate a direct lawsuit against them. Such cases can be settled before going to trial if the party offers a reasonable payment.
Should You Sue After a Truck Accident?
Only a small fraction of truck accident lawsuits goes to trial. However, in some cases, going to court is the only method to recover damages. Court proceedings are frequently time-consuming and complex. However, avoiding court may leave you without recompense. Consider taking the issue to court if the insurance company refuses to settle or the at-fault party is uninsured or underfunded. Many reputable truck accident lawyers provide free initial consultations. To find out how to proceed, contact a personal injury attorney.