Most truck accidents are settled through out-of-court proceedings. However, if the truck collision results in catastrophic damages or the insurance provider refuses to take responsibility for the crash, you might need to proceed to trial to resolve your claim.
Read on to learn when to pursue truck accident litigation when claiming compensation for your accident damages.
What is Truck Accident Litigation?
Truck accident litigation is a legal process where both parties can provide evidence and arguments to defend their side of the story. A jury and judge generally decide who is to blame for the accident.
If one side files a complaint against the other, personal injury litigation will ensue. Victims can take their claim to trial if an at-fault individual’s insurance company refuses to pay.
Is Litigating Accident Cases Necessary in Truck Crashes?
Truck accident claims are usually resolved through out-of-court proceedings or mediation. A third party helps both parties negotiate and agree on a fair settlement in mediation.
However, there are instances where you will need to take your case to court. For example, the truck company refuses to take responsibility for the crash caused by their negligence. You may file a personal injury case to receive compensation for the damages in such a case.
Another example is when a truck collision results in fatal injuries. When this happens, your attorney will likely decide to take your claim to court to maximize your settlement.
When Should I Proceed with a Truck Accident Litigation?
There are several reasons why you might need to proceed with truck accident litigation, such as the following:
If the truck company’s insurance provider insists you are liable for the truck collision, they will likely dismiss your case. In such instances, you will need to pursue truck accident litigation.
While it is possible to receive compensation if you are partly liable for a crash, your restitution will likely be reduced depending on how much you are responsible for the crash. For instance, a truck driver hits you due to drowsiness. During the time of the accident, you weren’t wearing your seatbelt.
Let’s say you are 10% responsible for the truck collision. In this case, you may receive 90% restitution.
The Extent of Injuries and Other Damage
A truck collision may result in catastrophic injuries and other damages. Sometimes, it can even lead to a wrongful death. Settlements through mediation can fail to cover the entirety of your damage costs in some cases.
In truck accident litigation, lawyers can fight for maximum compensation, including punitive damages. This damage is an additional cost the court decides to add to the settlement if they think the negligent party’s actions are extreme or malicious.
This is why a Sacramento truck accident attorney usually investigates the facts of the accident and identifies all the possible damages to include in your settlement. They will help determine if you need to proceed with truck accident litigation.
The Truck Company Refuses to Cover the Damages
If one or both parties to the accident claim refuse to accept a settlement offer, the case may go to court to be settled. There are several reasons why a truck company may refuse to acknowledge liability, such as:
- You have limited evidence to prove your claim.
- The pieces of proof presented contradict each other.
- They may think you are insisting on a high settlement amount compared to the actual damages from the crash.
- You are the party at fault for the truck collision.
While litigating truck accident cases may seem overwhelming, a Sacramento truck accident lawyer will assist in collecting sufficient evidence to establish your case and pursue the appropriate legal steps to win your claim.
Can I Represent Myself in a Truck Accident Case?
You may pursue a truck accident case independently, especially if the accident results in minor damage. However, having a Sacramento truck accident lawyer can help maximize your payout and avoid dismissing your claim.
You will likely need legal assistance defending your case when claiming truck accident settlements from truck companies. Truck companies usually have the resources to hire a legal team and intimidate you into accepting a lowball offer.
This is why hiring a truck accident attorney is essential when pursuing compensation for the accident damage. They will protect your legal rights by calculating the total damage, proving liability, and litigating your truck accident case if necessary.
How Can a Sacramento Truck Accident Attorney Help Me?
Due to a truck’s size and weight, truck crashes mostly result in significant injuries and other damages. In 2021, 4,714 people suffered fatal injuries in large truck accidents.
If you are involved in a truck collision and sustain catastrophic injuries, you will likely need a large amount of money to cover your medical bills and focus on your health recovery. Truck companies sometimes take advantage of a victim’s injured state and offer a settlement that hardly compensates for your overall loss.
For instance, they may present compensation that pays for your current medical bills. Since this may help cover the financial burden of the accident, you may be swayed to accept it.
Our personal injury lawyers at Jacoby & Meyers can help defend your legal rights by investigating your accident, proving liability, and litigating your case if needed. We created an efficient legal procedure to ensure you are fully aware of your rights and receive the justice you deserve.
Our dedicated legal staff works hard to deliver outstanding service by:
- Promoting open communication throughout your case.
- Negotiating with insurance companies to obtain a fair settlement.
- Assisting with the arrangement of appropriate medical treatments depending on your doctor’s advice.
- Offering assistance with any additional car-related issues.
- Defending your legal rights by demonstrating liability, calculating total damages, and advocating on your behalf.
Our free consultation can provide legal advice from the state’s most experienced Sacramento truck accident attorneys. Call us at 800-992-2222 to learn more about your legal options.