Do I Have to Go to Court for a Truck Accident?

If you have been injured in a collision with an 18-wheeler, you might be wondering if you’ll have to go to court for the truck accident. Asserting your legal rights will be important for ensuring that the accident’s long-term effects are no greater than necessary. Asserting your legal rights provides the opportunity to recover fair compensation for your injuries—and this can provide the financial security you need to deal with your physical and emotional trauma in the months (or years) to come. But, does asserting your legal rights mean going to court?

Probably not. 

When asserting your legal rights after a truck accident in Arkansas, going to court is a possibility—and it is a possibility that you should be prepared for if necessary. But, the vast majority of successful truck accident cases settle; and, if you hire an experienced truck accident lawyer to represent you, your lawyer will focus on settling your case without going to trial. 

5 Ways You Can Improve Your Chances of Obtaining an Out-of-Court Settlement 

Nationally, Arkansas ranks fourth in large truck fatalities. While you can (and should) rely on your lawyer to handle your truck accident case on your behalf, there are also steps that you can (and should) take to improve your chances of obtaining an out-of-court settlement. For example:

1. Hire a Lawyer As Soon After the Truck Accident As Possible 

Proving liability is one of the first steps toward keeping your truck accident case out of court. If the at-fault party’s insurance company acknowledges liability, this will put your case on the path toward settlement (though settlement still is not guaranteed). Proving liability requires evidence, and this means that you should hire a lawyer to conduct a thorough investigation of your truck accident as soon as possible. Your lawyer will also be able to explain what you need to do (and what you need to avoid doing) while your truck accident case is pending.

Read More: How to Choose a Truck Accident Lawyer

2. See a Doctor As Soon After the Truck Accident As Possible 

Along with hiring a lawyer as soon as possible, you should also see a doctor as soon as possible. When you see a doctor immediately after your truck accident, this helps to ensure that your medical records reflect the cause of your injuries. The longer you wait to seek treatment, the easier it will be for the insurance companies to argue that your injuries aren’t related to the accident—and this could increase the chances of needing to go to court.

3. Follow Your Doctor’s Advice (or Seek a Second Opinion) 

Beyond simply seeing a doctor, it is also extremely important that you follow your doctor’s advice. Or, if you have concerns about your doctor’s advice, you should seek a second opinion. Ignoring your doctor’s advice will give the insurance companies an opportunity to blame you for your own losses, and this may also increase the likelihood that you will need to present your case in court. 

4. Keep a Record of Your Injuries’ Day-to-Day Effects 

When seeking an out-of-court settlement in a truck accident case, you don’t just need proof of liability. You also need proof of your losses. The insurance companies aren’t going to calculate your losses for you (at least not with your best interests in mind), so it is up to you and your lawyer to prove how much you are entitled to recover. Keeping a record of your injuries’ day-to-day effects (i.e., your pain levels and any events you are forced to miss due to your injuries) will help your lawyer build a compelling case for the full compensation you deserve.

Read More: What Evidence Do I Nedd in a Truck Accident Case? 

5. Make Sure You Have Reasonable Expectations 

As you weigh your options during your truck accident case, it is important to make sure you have reasonable expectations. While it is important that you do not settle for less than you deserve, it is equally important that you do not reject a fair settlement offer. If you do, you might not get another one. An experienced truck accident lawyer will be able to accurately calculate just compensation for your financial and non-financial losses; and, with this information in hand, you will be able to make smart decisions about whether to settle your case or take it to court.

Read More: How Much Can You Get from a Semi Truck Accident?

Speak with a Truck Accident Lawyer in Rogers, AR for FREE

Do you need to know more about filing a claim after a serious truck accident in Arkansas? If so, we encourage you to contact us promptly for a FREE, no-obligation case evaluation at Oliver Law Firm.

To speak with an experienced truck accident lawyer as soon as possible, call 479-202-5200 or tell us how we can contact you online today. We help clients across Arkansas and throughout the United States from our office in Rogers, AR.