According to a survey, in 2019 alone, truck accident lawyers in Myrtle Beach handled 142,000 truck accident claims—the significant contributing factor to 33,967 collisions was fast driving speed.
Indeed, a civil justice survey of state courts has established that only 3 out of 10 tort cases proceed to trial. Generally, insurers are willing to cooperate when dealing with an experienced legal expert.
Whether a truck accident claim goes to court depends on factors like who bears maximum fault and the collision angle. A truck accident legal team understands that court trials can be long, expensive, and stressful, especially for a plaintiff already dealing with injuries and damages. That’s why they prioritize negotiations and only use lawsuits as a last resort. To determine whether your case will be settled or taken to court, contact a Myrtle Beach truck accident lawyer and schedule a case review to learn more about your legal options. The following section overviews the steps leading up to trial and how liability is calculated.
Factors that determine whether or not to take a truck accident case to court
While 7 out of 10 truck accident claims usually settle without involving courts, not all cases are identical. Of course, the ideal scenario would be negotiating a settlement offer that covers both economic and intangible losses, eliminating the need to go to court. Remember that a settlement is the first option both parties would have in mind. Hence, you must have competent legal aid to advise you on accepting or rejecting the settlement options. You might accept a lower offer or deny a reasonable settlement without a lawyer. Rejecting a settlement will automatically take the case to court.
A trial is an all-or-nothing situation, meaning the court will either award you a settlement or rule that you shouldn’t get anything. A case goes to trial when the facts are disputed. Hence, covering your ground will information about the accident is highly beneficial. With copious evidence, it is unlikely that insurers will reject your claim. Most personal injury avoids heading to court because lawsuits take time and money. However, sometimes, trials can’t be avoided. Experts dealing with such cases in their careers can best make this distinction.
Here’s a look at factors that determine whether a truck accident claim heads to a court or not;
Liability
Proof of fault is essential in any tort case, including truck accidents. According to South Carolina Code 15 3s 520, people who suffer injuries and losses due to another person’s reckless, wanton, or willful acts can pursue damages. Even truck drivers have a duty of care to drive in a way that does not cause harm to other road users.
If you suffer a traffic accident due to a truck driver’s reckless or willful actions of a truck driver, you can pursue compensation. The parties at fault in a truck accident could be the driver alone, the driver and their trucking, maintenance, cargo companies, parts manufacturers, or even other drivers on the road. You can pursue compensation from these parties and insurers. Your lawyer will assess the facts and develop a case where liability is clearly mentioned. It is up to your legal representative to identify the proportion of fault after doing research.
However, in some cases, these parties and their insurers may successfully prove that you were partially responsible for the accident. Don’t worry, though. South Carolina adheres to an at-fault model, meaning you can still pursue compensation if you are not more than 50% responsible for the accident. Insurers may try to assign you an unfair amount of blame; your attorney will work to prevent this.
In truck accident cases involving disagreements about liability, the parties may seek resolution in court. Your lawyer will argue the case on your behalf.
The gravity of your injuries
Since trucks are heavier, more prominent, and tougher to operate than passenger vehicles, they can cause severe damage in a collision. The injuries resulting from truck accidents may leave you with huge expenses. Insurers will be more inclined to settle if you clearly show that the expenses directly result from your truck accident.
However, if you have substantial medical bills, but the insurer doesn’t think your injuries are serious, they might deny your claim, forcing you to consider going to court. This is usually the case where a claimant delays seeking medical treatment after an accident. But you shouldn’t put off medical requirements till the case is settled. Serious injuries can often snowball into lifelong injuries; even invisible injuries can develop complications. Seek medical help as soon as possible and keep all the documents because they will be used in proving your case.
Insurers may interpret this delay as a sign of the superficialness of the injuries. Work with a lawyer to gather and sort evidence for a strong case that will force the insurer to negotiate fairly. Personal injury attorneys help truck accident claimants assert their rights and seek fair compensation for their injuries and losses. Most importantly, lawyers guide the justice system to seek restitution. With legal support, it is possible to file a successful claim, especially given the complexities of a truck accident.
Truck accidents differ from other auto accidents; several individuals may be at fault, and the resulting damages are typically more severe, leading to more significant settlements. That said, truck accident settlement processes may take longer than usual. This is due to several factors like the angle of the crash, damage caused, and environmental factors that could’ve also played a role. The other party will try their best to deny your claim, so you must be prepared to respond to every question insurers raise. You must select competent legal counsel to ensure you get the restitution you deserve. Moreover, nuances of the legal system, like deadlines, can only be known by lawyers who work in the sector. Missing a deadline can have a detrimental effect on your case.
