Do Semi-Truck Accidents Go to Trial?
Semi-truck accidents can be a significant event that frequently results in victims of the accident facing catastrophic, life-altering injuries. For this reason, it is no surprise, so many semi-truck accident cases go to trial in the courtroom.
Victims who suffer from damage when in a semi-truck accident are often afflicted by more than a serious medical condition and long-term or life-long injury. Injury from any collision can often result in a long road to rehabilitation or permanent damage such as paralysis. Keep reading to find out whether truck accidents in Des Moines, IA go to trial.
Factors to Consider for a Claimants Semi-Truck Accident Case
Every accident case is different and determining whether or not to proceed to trial necessitates a detailed grasp of the circumstances of the claimant's case. These are only a handful of the aspects that might be considered for a claimants' semi-truck accident case:
Who is at fault (Liability)?
Is the Semi-truck driver an employee?
The Severity of the claimants' injuries (Damages)
Who is at Fault (Liability)?
Liability in a semi-truck collision is not always a straightforward case. While the truck driver is frequently at blame for exceeding the speed limit or failing to obey other traffic laws, there are times when the victims' activities may have contributed to the crash.
If the claimant was texting while driving, for example, they might be deemed partially at blame for the accident, and the compensation might be lowered as a result. An accident involving a semi-truck may also imply that the victims can hold the trucking business accountable for the driver's actions, complicating the case even more.
When it comes to a semi-truck accident, it's more likely going to end up in court. Claimants want to submit convincing facts and evidence of liability early to prevent an insurance company from disputing liability and dragging out the case to court, resulting in it taking considerably longer to resolve.
Working with a Des Moines truck accident lawyer may make the process of gathering and analyzing various forms of evidence, including police reports, medical records, eyewitness testimony, and the employee of the trucking company's service histories, much easier.
When sending an initial demand letter to the insurance company, including proof of liability might help lessen the likelihood of the matter going to court.
Is the Semi-Truck Driver an Employee?
When a truck driver works for a trucking firm, the firm is held vicariously accountable for the driver's activities. This may mean dealing with a huge organization and its insurance plans. However, if a truck driver operates independently, the claimant may be limited to pursuing damages directly from them and their own insurance coverage.
In any case, the insurance company may try to persuade the individual claiming to accept a settlement that is far less than what they deserve. When the insurance companies refuse to agree to a higher amount of compensation, a semi-truck accident personal injury lawyer can advise on how to take the case to trial.
The Severity of the Claimants' Injury and Damages
Insurance companies dislike paying any monetary damages to a claimant, but they particularly dislike paying huge sums in the six- and seven-figure range. Because semi-truck accidents frequently result in serious injuries, claimants are frequently due substantial sums of money to cover medical expenses, lost earnings, and pain and suffering.
As a result, insurance companies are less likely to settle a semi-truck collision claim and are more likely to pursue and take it to court.
Minor injuries usually result in few visits to the doctor and a speedy recovery. However, an experience with a semi-truck accident can result in spine injuries, head traumas, and other serious injuries that may need surgery, continued medical care, and long-term disability.
While a fractured bone that heals fast and has no influence on the victims' capacity to work is unlikely to go to trial, if the victims' injuries are significant enough to result in permanent spinal damage and the incapacity to continue in any field of work, the claimant may find themselves in court.
The Bottom Line
If the victim lives in Des Moines, IA, and they have experienced a semi-truck accident that has caused them a personal injury, then they need an expert attorney for when the case goes to trial. Look for a law firm with a consultation today.