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Were you injured in a wreck? You’re likely considering taking action against the at-fault party. However, many accident victims in your situation are wary of going to court. After all, proceedings can be incredibly complex and unpredictable, so the prospect of trial is often enough to deter many people from filing a personal injury claim. 

Thankfully, most valid claims will never see the inside of a courtroom. If you are able to gather strong evidence to prove fault and demonstrate the damages you incurred, the chances that you will have to file a lawsuit remain relatively slim. 

However, there are some scenarios in which you might be left with no other option than to go to trial. Let’s take a look at a few factors that might affect how your claim unfolds:  

You Played a Role in Causing the Accident 

In California, you can only seek compensation for the injuries and other losses you suffered as a result of a wreck as long as you are not entirely to blame for causing the wreck. The insurer may employ many different strategies to attack your version of events in a bid to shift blame from the policy holder to you.  

As such, you will need to present strong evidence to support your side of the story. The types of proof you will need will depend on the circumstances surrounding the wreck, but some of the following pieces of evidence might play a role in your case:  

• Surveillance camera and dashcam footage
• The official accident report
• Cell Phone records 
• Black box data 
• Expert witness testimony (i.e., an evaluations by an accident reconstructionist) 
• Photographs of the accident scene 
• Vehicle maintenance logs 

If the insurer refuses to budge and continues to contend liability—even if you have strong evidence—you may have to file a lawsuit to recover compensation for your injuries. 

Your Credibility Is Being Questioned 

Insurance fraud is a common occurrence, so claims adjusters will always interrogate your version of events to make sure that you aren’t filing an illegitimate claim. They may take several steps to gauge your credibility such as scrutinizing your medical records, keeping tabs on your activities, and monitoring your posts on social media.  

If the insurer stumbles onto any evidence that suggests that you are being dishonest, they will probably challenge your case. It’s for this reason that many personal injury lawyers advise their clients to lay low on social media and avoid providing recorded statements while their claims are pending. These channels can often leave room for misinterpretation or misunderstanding, potentially compromising your case. 

You Named Multiple Liable Parties 

Between the truck driver, their employer, parts manufacturers, and their respective insurers; these types of cases can often involve multiple liable parties. While this doesn’t necessarily mean your claim will go to court, these individuals and entities could disagree over how liability is apportioned, potentially leading to a stalemate during proceedings. If such disputes cannot be resolved outside of court, it may be in your best interests to proceed to trial. 

Discuss Your Case with a California Truck Accident Attorney Today 

Were you hurt in a wreck involving an 18-wheeler or another kind of commercial vehicle? Filing a claim against the at-fault parties can feel like a daunting prospect—especially if there’s the risk you will have to go to court.  

At Harris Personal Injury Lawyers, we can assist with every aspect of your case, and—if necessary—provide tenacious representation at all stages of trial. Contact us today at 1-800-GO-HARRIS or click through to our contact form HERE to request a free case assessment with a California truck accident attorney.