How Often Do Truck Accident Attorneys Go to Trial?

Getting into any accident can be a scary experience. When the other vehicle is a large commercial truck, the risk of severe injuries is much higher. Damage in accidents involving large trucks can be catastrophic, leaving accident victims with permanent injuries. When another party caused the accident, you could have the right to pursue financial compensation for your injuries and other damages.

Filing a truck accident claim can be a complicated process. There may be multiple responsible parties who should be held accountable. You may be wondering whether more truck accident claims go to trial or settle beforehand.

Do Truck Accident Claims Resolve in Litigation?

It may surprise you to learn that most accident claims, including large truck accidents, settle before trial. There are numerous reasons why this happens. One of the most important reasons is the cost. Trials are costly endeavors. The longer the trial goes on, the more it costs. Those added legal fees can eat away at your overall settlement. Depending on the state and its laws, the loser might be responsible for covering the legal costs. However, it’s a significant risk to take in the unfortunate event that you lose at trial.

Trials are risky because they are “all or nothing.” With claims negotiations, you are going back and forth in an attempt to reach a settlement agreement. With a trial, you don’t have the same flexibility. Instead, your attorney will present the best possible case in court, and you are left to hope the jury sides with you.

Settlement Negotiations in Large Truck Accidents

Your best option for a favorable compensation amount rests in the skills of your attorney. You should consider retaining an experienced truck accident lawyer right after the accident. Your attorney can gather evidence while things are still fresh in witnesses’ minds and documents are easier to obtain. The accident scene may also be more similar to what it was on the date of the accident, with skid marks still present, etc.  

Truck wreck attorneys are well-versed in the nuances of these claims and what is necessary to help you get the compensation you deserve. Plaintiffs who have a proficient attorney representing them often receive a higher settlement amount than those who don’t have an attorney. 

Some cases need to be litigated, but they don’t represent the majority of claims that are presented each year. Cases that go to trial are those where the defendants were unwilling to take any legal responsibility or fail to offer an amount representing the actual value of the case. Even while a case is being prepped for trial, settlement negotiations are typically ongoing throughout the pre-trial phase, which is known as “discovery.”

How Long Does It Take to Settle a Truck Accident Claim?

Understandably, most plaintiffs want to know how long it takes to resolve a large truck accident claim. There is no set timeline or even average time since each case is very different. Some claims might resolve early on in the process due to smaller insurance policy limits, while others could take several years. If your case goes to trial, it could be even longer.

When you hire a professional truck accident lawyer, they will sit down with you and go over all the specifics of your case, including potential value and how long it may take to resolve your claim.