Do All Truck Accident Claims Go to Court?

experienced truck accident attorney, truck accidents blog posts, trucking companies held responsible

In most cases, you can settle truck accident claims out of court. The insurance company will review your case and decide if they will propose a settlement or deny it. If they agree to negotiate, reaching an agreement without pursuing legal action is possible. However, you may have to go to court for a truck accident if the insurance company denies your claim or offers a settlement that doesn’t cover your medical expenses and losses.

At Uptown Injury Law PLLC, we aim to seek maximum compensation for your losses long before a trial becomes a consideration. We’re committed to guiding you through every phase of your truck accident claim. If you need to present your case in court, rest assured we will stand by your side and advocate for your rights.

For a complimentary case evaluation and answers to your questions, get in touch with us today at 917-540-8728.

How Many Truck Accident Cases End Up in Court?

Not all truck accident cases end up in court. In fact, according to a 2016 study conducted by New York Law School, a mere 7% of civil court actions involve tort cases, which include truck accident cases.

It’s worth noting that the low percentage of cases that end up in court doesn’t mean you shouldn’t seek justice. Many cases are resolved outside of court through negotiations or mediation. However, if a fair settlement can’t be reached, then the case may proceed to court.

Factors That Can Lead Your Claim to Trial

The severity of your injuries, involvement of multiple parties, and low settlement offers may leave your case unresolved, necessitating legal action through trial.

1. Severity and Impact of Injuries

The severity and impact of injuries in truck accidents are crucial in determining whether your claim goes to trial. Due to their sheer size, semi-trucks and 18-wheelers can cause severe damage in a crash, resulting in serious injuries and hefty medical bills.

If your injuries are severe enough, and it’s evident that they directly stem from the truck accident, the chances of your case going to trial are relatively low. However, if you have significant medical expenses, but the insurance company doubts the severity of your injuries, they might be more inclined to take the case to trial.

It’s best to hire a truck accident lawyer as soon as possible to increase your chances of a favorable outcome. They can help you gather evidence that proves the at-fault party’s liability, the extent of your injuries, and your medical expenses. The stronger your case, the more likely it is to resolve before going to court.

2. Complications Arising From Multiple Responsible Parties

In truck accidents, multiple parties could be at fault, complicating matters and leading to a trial. They may involve the following:

  • Truck driver
  • Trucking company
  • Maintenance company
  • Parts manufacturer
  • Cargo company
  • Another driver

In such claims, the truck driver or trucking company’s insurer might attempt to shift some liability onto you to reduce their financial responsibility. If there is disagreement about liability in a truck accident, it could increase the likelihood of the case going to trial.

3. Inadequate Settlement Offers From Insurance Companies

Unfortunately, receiving inadequate settlement offers from insurers is common, and it’s a critical moment that could lead your claim down the path to trial.

Insurance companies are in the business of minimizing settlement amounts. As a result, their initial settlement offers may fall short of covering the full extent of your medical expenses, lost wages, and other damages incurred from the accident. When an offer doesn’t align with the severity of your situation, it’s a clear sign that negotiations are necessary.

The key to navigating these lowball offers is not to accept them at face value. Here’s where the expertise of a seasoned truck accident lawyer becomes invaluable. A lawyer knows how to negotiate tactfully with insurance companies. They will advocate on your behalf, using the compiled evidence of the at-fault party’s liability, the extent of your injuries, and your documented medical expenses to justify a fairer settlement.

If negotiations stall and the insurance company remains steadfast in its inadequate offer, your attorney may advise proceeding to trial as the best course of action. Going to trial can seem daunting, but with a solid legal team by your side, it’s a viable option to ensure justice.

Remember, the goal is to secure a settlement that truly reflects the accident’s impact on your life. While the prospect of a trial might seem overwhelming, it’s sometimes the most effective way to achieve a just resolution. With the proper legal guidance, you can smoothly handle this process, knowing your rights and interests are protected at every turn.

The Pros and Cons of Settling Out of Court

Settling out of court may be a quicker resolution and less stressful for you as a truck accident victim. However, it has cons, such as lower compensation, low public record, and dissatisfaction.

The Pros of Settling Out of Court

  • Quicker Resolution: One of the most appealing aspects of settling out of court is the potential for a quicker resolution. This means you could receive compensation for medical expenses, lost wages, and other losses much sooner than if you were to wait for the outcome of a trial.
  • Less Stressful: Avoiding the courtroom can significantly reduce the emotional and physical stress associated with legal battles. Settlement negotiations are generally less aggressive and resolved in a more controlled environment.
  • Guaranteed Outcome: Settlements offer a guaranteed compensation amount. Unlike a trial, where the resolution is uncertain and in the hands of a judge or jury, settling allows you to control the agreement reached.
  • Privacy: Settling out of court keeps the details of your case confidential. Unlike trials, which are public records, settlements are private agreements between the parties involved.

The Cons of Settling Out of Court

  • Lower Compensation: There’s a risk that the settlement amount may not fully cover all your damages. Insurance companies aim to minimize payouts, and without the leverage of a trial, the settlement offer may fall short of your needs.
  • No Public Record: If public accountability of the responsible parties is essential to you, settling out of court won’t satisfy this need. Settlements do not become part of the public record, meaning the case details remain private.
  • Feeling of Incomplete Justice: Some individuals feel that settling out of court does not provide the same sense of justice that a trial might, especially since settlements often do not include an admission of guilt from the defendant.

Deciding to settle or go to trial involves careful consideration of the pros and cons. Your attorney will evaluate the specifics of your case, including the strength of your evidence, the potential compensation achievable through a trial, and how these factors align with your personal and financial needs. The right choice depends on multiple factors unique to your case.

How Do You File the Truck Accident Lawsuit? 

To initiate a truck accident lawsuit, you must submit a complaint in the appropriate court. The complaint should include the accident details, your injuries, and your claim against the defendant. Then, you should serve the defendant with the lawsuit documentation.

Your personal injury attorneys will offer comprehensive representation throughout the entire legal process, such as:

  • Offer comprehensive representation throughout the legal process.
  • Gathering evidence, witness statements, and medical records to support your claim
  • Submit a complaint detailing your claims and damages to the court.
  • Serve notices of the lawsuit to all involved parties.
  • Attend pre-trial conferences with both parties and the judge.
  • Discuss with you what to anticipate when going to court.
  • Present arguments to the court
  • Receive a verdict from the judge

How Is Liability Established in Truck Accident Claims? 

Establishing liability in a truck accident is essential for securing compensation for your injuries. For a successful claim, the first step involves collecting comprehensive evidence to support your case. This evidence might include statements from witnesses, data from the truck’s black box, testimonies from industry experts, and CCTV footage.

With this evidence in hand, you’ll need to navigate through the legal concept of negligence. It depends on four critical elements that pinpoint responsibility, including:

  1. Duty of Care: This principle acknowledges that everyone on the road, including truck drivers and manufacturing companies, must act to prevent harm to others.
  2. Breach of Duty: If someone fails to meet their duty of care by reckless driving, providing defective equipment, or any other form of negligence, they can be said to have breached this duty.
  3. Causation: Simply proving that the other party was careless is not sufficient. You also need to demonstrate that this carelessness was the direct reason for the accident, which resulted in your injuries.
  4. Damages: Lastly, you must demonstrate that the accident resulted in quantifiable losses, such as medical bills, lost wages, and other related expenses.

What Should You Expect if Your Case Goes to Court? 

If you find yourself in a situation where you have to take your case to court, it’s essential to be aware of what to expect. After presenting your case, the judge or jury will decide either in your favor or in favor of the defendant. If the decision is in your favor, you may receive damages such as medical bills, lost wages, wrongful death, and other losses related to the crash.

However, you can appeal the decision if you’re unsatisfied with the case’s outcome. Keep in mind that the appeals process can be complicated and time-consuming, which is why it’s essential to seek the guidance of a Uptown Injury Law PLLC truck accident lawyer. We can guide you through the legal process, improving your odds of receiving fair treatment and compensation.

What Makes Truck Accident Claims Different Than Other Accident Claims?

truck driver's negligence leads to accident, commercial vehicle truck

For your truck accident case, you need to understand that they are often more complex than other types of accidents. There are several reasons for this.

Firstly, truck drivers may be out on the road tired, exhausted, or distracted. Though they are legally required to take breaks, strict deadlines may encourage some drivers to compromise necessary rest or drive as responsibly as they should. This is why truck accidents lead to higher settlements due to driver’s and company’s negligence.

Furthermore, the size and design of semis and 18-wheeler trucks make it challenging for drivers to react quickly in emergencies or have the same degree of visibility as other drivers. This makes the situation even more critical.

Trucking firms typically have extensive insurance coverage for both their drivers and the overall company. This extensive coverage can lead to insurance providers working diligently to minimize payouts. However, with a skilled attorney, the chance of securing a substantial settlement increases due to the higher insurance limits.

Because damages are often much higher and several parties may be at fault in truck accident cases, the settlement process may be longer than usual. There may be many back-and-forths between the insurance company and your lawyer.

If a resolution cannot be met during negotiation, your lawyer may advise going to court to get the compensation you deserve. However, if your lawyer can reach a fair agreement with the insurance company during negotiation, you’ll ultimately get the financial recovery you need. So, it is essential to have the guidance of a truck accident attorney to ensure the best outcome for your truck accident claim.

What Damages Can You Recover in a Truck Accident Settlement? 

In pursuing a settlement for a truck accident, you’re entitled to seek compensation that adequately covers your damages. This includes:

  • Expenses for medical treatment and related healthcare needs
  • Loss of wages and any other forms of income
  • Reduction in your ability to earn in the future
  • Out-of-pocket costs incurred due to the accident
  • Compensation for pain and suffering
  • Various other non-economic losses connected to the accident

You can also receive compensation if your case involves a wrongful death. Those who have lost a loved one can also pursue:

  • Burial expenses
  • Funeral expenses
  • The loss of a close personal relationship

Why Is Hiring a Truck Accident Lawyer Worth It?

Truck accident attorneys have specialized knowledge in truck accident law, enabling them to navigate complex regulations and legal nuances effectively. Their expertise becomes invaluable when assessing the full extent of your damages, ensuring you receive fair compensation for your injuries, lost wages, and pain and suffering.

An experienced lawyer is also adept at dealing with insurance companies, who often strive to minimize compensation. By leveraging their negotiation skills, your attorney can push back against lowball offers. They will move towards an insurance settlement that accurately reflects the accident’s impact on your life. They’re also prepared to advocate for your rights in court for your best interest.

Moreover, truck accident lawyers typically work on a contingency basis, removing the worry of upfront legal fees. This arrangement ensures that premium legal representation is burden-free, allowing you to focus on your recovery without financial stress. 

The peace of mind and support a skilled attorney provides can be invaluable during this challenging time, guiding you through the legal process with professionalism and care and working toward your best interest.

Let Uptown Injury Law PLLC Truck Accident Lawyers Fight for You

Have you or your loved ones suffered from injuries due to a truck crash? If so, you may be entitled to file a claim for compensation under the law. Uptown Injury Law PLLC truck accident lawyers are here to help you fight for your rights. Our team will communicate directly with the at-fault party’s insurers and negotiate a settlement to help you recover from your losses and get your life back on track.

We understand the pain and trauma caused by such accidents and are committed to providing you with the best legal representation. Our truck accident team offers a FREE consultation to review your case and help you understand your options. Call us today at 917-540-8728 to book an appointment. 


What Are the Most Common Causes of Truck Accidents?

Various reasons can lead to truck accidents, such as mistakes made by the driver, issues with the truck’s mechanics, bad weather, or incorrectly loaded freight. A skilled attorney specializing in truck crashes can identify the cause and who is responsible.

How Can Truck Accident Victims Seek Legal Assistance?

If you’re a truck accident victim, you can seek help from experienced truck accident attorneys who specialize in handling such cases. These personal injury lawyers possess the skills to manage intricate legal procedures and advocate for your rights.

What Legal Options Are Available for Those Involved in a Truck Accident?

When involved in a truck accident, you have various legal options. They include filing a personal injury lawsuit against the liable party, negotiating with insurance adjusters, and seeking compensation for your truck accident injuries.

What Steps Should Be Taken if the Insurance Company Refuses to Provide Compensation?

Consider getting help from a personal injury lawyer to deal with the insurance firm or to take legal action to obtain fair compensation. It is essential to choose a lawyer with experience in handling insurance disputes and personal injury cases. They can help you gather evidence, build a strong case, and advocate for your rights. Remember, you have a right to fair compensation for your injuries and losses. Don’t give up until you get the compensation you deserve.

How Can You Determine the Liable Party in a Truck Accident Case?

Determining liable parties in most truck accident cases requires a thorough investigation by legal experts. Responsibility for the accidents could fall on the trucking companies, the negligent drivers, the maker of defective components, or other entities involved.

What Kind of Injuries Are Common in Truck Accidents?

Most truck accidents result in serious injuries because of the large size and heavy weight of these commercial vehicles. Typical injuries from such accidents include damage to the spinal cord, brain trauma, broken bones, injuries inside the body, and, in some cases, death.

How Does Negligence Affect Truck Accident Lawsuits?

Negligence from the truck driver, trucking company, or other parties involved can significantly impact truck accident lawsuits. For example, speeding, fatigue, distracted driving, or violating traffic laws can make the at-fault party liable for damages.

How Crucial Is It to Present Evidence in Truck Accident Cases?

Presenting enough evidence is vital in truck accident cases to prove liability and secure compensation. Evidence such as accident reports, eyewitness testimonies, medical records, and expert opinions can strengthen the case. They can also increase the chances of a favorable outcome in court.


Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

This content is trustworthy because it has been thoroughly researched, fact-checked and reviewed by experts in the field. The information provided is accurate and reliable, and sources have been cited to ensure transparency and credibility. The authors or publishers of this content have a reputation for producing high-quality, unbiased material. Additionally, any potential conflicts of interest or biases have been disclosed. Overall, readers can trust that the information presented in this content is trustworthy and credible.