Do Most Truck Accidents Settle Out Of Court?
If you watch any television or listen to the radio, you have probably heard personal injury attorneys state that they will not back down from going to court. They imply that insurance companies know they are in for a fight when they are working on your case. While it is good to have a truck accident attorney who will not shy away from doing whatever they have to do in the best interest of their client, most of the time the fighting actually occurs in an office and not a courtroom.
Let’s say you have been injured in an accident with a large truck. You hire an experienced truck accident lawyer, and they go to work on the case. It begins with an investigation. There is a lot of details examined and witnesses questioned, and research into the company and the driver of the truck that caused you injury. Yes, it is true that everything the injury attorney does is “court worthy” but it is not done specifically for that purpose. This simply means that if the case does progress to court level, the material is in the proper order and level of completion to be used in court.
The injury lawyer starts to build a solid case. When the information is compiled, and he or she feels they have the proof they need, then they move on to the next phase of the job.
At this point, the attorney contacts the insurance company of the truck line or truck driver involved. Your legal team will summarize the proof they have in a way to let the insurance company know that if they are not willing to be fair, they have enough to win in court.
The insurance company may have all the respect in the world for your attorney, and that is a good thing. But they are not going to roll over and cut a check for any amount they request, just because they say so. The insurance company, like the attorney, have a job to do. They will listen to their arguments and weigh the evidence against their theory of defense.
Then your attorney and the insurance company will all sit down and hash out the details and try to agree on a fair settlement.
If this fails and the attorney and the insurance company cannot find common ground, the next step is to go to court.
In 95% to 96% of all cases involving accidents with trucks, they never see the inside of the courtroom. Everyone wants to save the time and expense of a trial if possible. In an even more troubling statistic, some reports say that 95% of the cases that do go to trial does not end in a win for the victim. This is not to tell you that you should not fight for what you believe is right. However, listen to your attorney. If they tell you a settlement is fair and you should accept it. It probably is a good idea to take it.