What Are the Key Stages of a Truck Accident Lawsuit?

We all know how big the trucking industry is in the United States. Needless to say, there are several times when these commercial trucks get into accidents. That brings me to today’s topic: Truck Accident Lawsuit!

Yes, you read that right! And for this blog, I will be focusing on Texas.

You see, considering the fact that Texas leads the entire country in fatal truck accidents, this is one of the things that people search for the most!

Every single year for the past few years, people have lost more lives on Texas roads because of truck accidents than any other vehicle.

One question top-rated Texas truck accident lawyers hear from almost every truck accident victim is, “What actually happens after I file a lawsuit?”

Hi. In today’s blog, this is what I will be talking about. So, if you are interested to learn about the steps of filing a truck accident lawsuit, you have come to the right place.

In this article, I will be simplifying the steps and explaining the ways in which you can make the most out of your compensation claim.

So, keep on reading this blog till the end and thank me later…

Has There Been an Increase in Truck Accident Cases?

Yes, there has indeed been an increase in truck accident cases in the USA, especially with regard to deaths.

For instance, the year 2021 saw a 13% rise in road deaths caused by truck accidents as against 2020, and the statistics for 2022 were no different.

Today, the key facts confirm a 1.8% hike in the number of fatalities in heavy truck crashes from 2021 to 2022.

It shows a strong growth trajectory over the last ten years which can reach up to 49% of fatal traffic accidents with trucks.

5,601 people got killed by truck accidents on U.S. roads in 2021. This figure surged to 5,936 in 2022, which makes it a 49% increase in truck crash fatalities in 10 years.

The large truck involvement rate in fatal crashes was 8% more in 2021 than in 2020 (the number of large trucks involved in fatal crashes per 100 million miles traveled by large trucks).

The number of large trucks involved in injury accidents was also up, by 11%, and property damage-only crashes were up by 25% from 2020 to 2021. 

Steps of a Truck Accident Lawsuit

If you have read my previous blogs on truck accident claiming procedures, you must already know what the things you should keep in mind while filing for your truck accident claim are.

But what do you need to do? What are the steps that you should be following? Well, there’s no need for you to worry.

Here are the steps for filing a truck accident lawsuit:

Reporting the Accident to Insurance 

After you’ve sought medical attention and you’ve confirmed your medical condition with reports to back it up, you should proceed to tell the insurance companies what happened. 

You’ll need to report the crash to both your insurer and the truck driver’s insurance company. This might sound simple, but how people do it matters a lot!

If you leave out key details or say something that can be twisted against you, it could hurt your case. A lawyer will help prepare and review this report so that it supports your claim.

Filing the Lawsuit 

If negotiations don’t go anywhere, it’s time to take things to court. Your attorney will file a formal personal injury lawsuit against the at-fault parties.

This might be the driver, the trucking company, the maintenance company, or even the company that loaded the cargo improperly.

The lawsuit spells out what happened, who was responsible, and what you’re demanding in damages.

Once the lawsuit is filed, the people being sued will be served and given time to respond. This step officially starts the legal process and tells the insurance company you’re not backing down.

The Discovery Phase 

Discovery is like opening the books. Both sides exchange all the evidence they plan to use. This includes documents, witness lists, and anything else relevant to the case.

You might get written questions (interrogatories), have to provide documents (like medical bills or repair estimates), and even give a deposition (which is like giving testimony under oath outside of court).

In truck accident cases, discovery can go deep. Lawyers might request the truck’s black box data, driver logs, vehicle maintenance records, or footage from dashboard cameras.

These details can prove whether the driver was speeding, exhausted, or driving a truck that shouldn’t have been on the road in the first place.

Mediation and Settlement Talks 

Before you get to trial, many courts will require you to try mediation. This means both sides meet with a neutral third person, the mediator, to see if they can agree on a settlement. 

It’s a chance to talk openly, share your story, and possibly reach a deal without going to trial. Sometimes it works, sometimes it doesn’t. But it’s an important step that can save time and emotional stress.

If mediation doesn’t work out, your lawyer will start getting ready for trial. This includes finalizing your strategy, preparing witnesses, selecting the jury, and lining up expert testimony. 

The Trial Itself 

During the trial, both sides get to tell their version of the story. It starts with opening statements, then moves into witness testimony, cross-examination, and finally, closing arguments.

After all of this, the jury will go off to decide the verdict. They’ll determine who was at fault and how much money you should be awarded.

Verdict and Judgment 

Once the jury reaches a decision, the judge enters a formal judgment. This judgment is based on what the jury decided. If they rule in your favor, you’ll be awarded compensation. 

If not, your lawyer can explore appeal options. There might also be post-trial motions from the other side trying to change the amount of money or challenge the verdict.