Do Car Accident Cases Go To Trial?

Do Car Accident Cases Go To Trial

Very few car accident cases go to court. When working with an experienced car accident lawyer, you typically are able to reach a settlement offer that leaves you satisfied with the amount of compensation you get. This money can be used to help cover medical bills and other costs that are associated with your car accident injury.

In the event that the accident victim is not happy with the offer or the insurance company refuses to settle and your car accident lawsuit ends up going all the way to trial. Here’s what to expect, as shared by All Law:

What Is a Car Accident Trial?

A trial is the culmination of court-based proceedings in any kind of civil lawsuit, including personal injury lawsuits stemming from car accidents. During a trial, the parties (plaintiff and defendant, usually through their respective lawyers) present evidence to a jury or judge, including witness testimony and any relevant documentation (more on trial evidence in the next section).

A car accident trial may be heard by a single judge (usually called a “bench trial”) or could be tried before a jury (a “jury trial”). In some states, a jury trial must be requested as part of the original paperwork that initiates the lawsuit (typically called the “complaint”).

What Evidence Will Be Presented In a Car Accident Trial?

During the trial, both sides will have the opportunity to present evidence. The plaintiff (the person who filed the lawsuit) has the burden of proving the elements of his or her case by a standard called “a preponderance of the evidence.”

In a car accident claim, this generally means that the plaintiff will need to convince the jury (or judge) that the defendant (the person being sued) was negligent in operating his or her vehicle, and that this negligence was the cause of the car accident and the plaintiff’s injuries. To do this, the plaintiff’s attorney may present:

  • evidence in the form of testimony (from the plaintiff, from witnesses to the accident, or even expert witnesses)
  • evidence relating to the nature and extent of the plaintiff’s injuries, medical treatment, and other kinds of losses (“damages”).

The most important witness is usually the plaintiff, who can testify as to exactly how the accident happened, the details and impact of resulting injuries, and the particulars of all “pain and suffering” endured.

The defendant has the opportunity to cross-examine the plaintiff and his or her witnesses and can object to the introduction of evidence. The judge, in accordance with rules of evidence, decides what evidence will be admitted or kept out.

After the plaintiff’s case is presented, the defendant will have the opportunity to present his or her side. Especially when a counterclaim has been filed, the defendant might try to show that the plaintiff was actually at fault for the car accident. Or, the defendant might try to establish that the plaintiff’s injuries are not as severe as claimed, or that the injuries were pre-existing. The plaintiff can cross-examine the defendant and his or her witnesses and can object to the introduction of evidence.

After both sides have finished presenting their cases to the judge or jury, each side can give closing arguments—that means addressing the jury directly, summing up the evidence presented, and making a final case for a favorable verdict.

Spanish Speaking Car Accident Lawyer in Houston, Texas

Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.

We make it easy for those who have been injured due to the actions of others to navigate the legal system in order to get the results they need to continue on in their lives. Schedule your no-obligation car accident consultation with Attorney Caruthers today. Our team will work with you every step of the way to ensure your needs are being met and that you are getting the treatment you deserve in your car accident case. Don’t hesitate, the sooner you call the more we can do to get you results.

Personal Injury Lawyer in Houston, Texas

If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!

Our team works hard to bring the most efficient and practical solutions to your car accident case. Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball.


Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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