Following an accident with a semi tractor-trailer or other commercial motor vehicle, victims are faced with many important choices to make regarding their future and their recovery. One of those choices includes deciding what attorney to hire if they want to seek a settlement after the accident.
When choosing an attorney, it is important for victims to research lawyers that have the knowledge and expertise necessary to handle a truck wreck case. This can include board-certification, awards and recognitions related to truck accident law, and whether the attorney regularly writes or speaks about the area of law. But most importantly, truck wreck victims should seek out an attorney that is more than prepared to take their case to trial, if necessary.
What is a Trial Attorney?
If you are preparing to seek legal action following a truck wreck, it is crucial to look for a trial attorney. This type of attorney specializes in representing clients in court. While some lawyers focus more on handling legal transactions or advising clients outside of the courtroom, a trial attorney is an expert in litigation who is skilled in preparing cases to present them before a judge and jury.
These attorneys have the expertise necessary to craft compelling narratives, examine and cross-examine witnesses, present evidence, and make persuasive arguments to advocate for a client’s position. They have the resources to conduct preliminary investigations, gather evidence, file motions and conduct trials effectively. A trial attorney must be capable of strategically blending research, negotiation, and courtroom performance. Additionally, they need to have an exhaustive understanding of legal procedures, laws, and precedents that are relevant to a case. It is these skills that help them protect your rights and seek justice after a truck wreck.
Why Do I Need a Trial Attorney for a Truck Wreck Case?
While not all clients have a desire to take their case to trial, it is important to keep in mind that hiring a trial attorney can give you an advantage when challenging those liable for a truck wreck.
Now, it is important to choose a trial attorney that is also an expert in truck accident law. This is mostly because these cases are more complex than other car crashes, but also your attorney needs to discover why the accident happened in order to reach a fair settlement with the trucking and insurance companies.
An experienced truck wreck and trial attorney has the expertise it takes to put real pressure on the parties liable for the wreck. Oftentimes, the companies responsible for an accident will offer a minimum amount for a settlement. Some trucking companies carry the minimum insurance that is legally required, which is $750,000. Even if they carry more coverage than that, the dangerous companies typically only carry $1 million. However, truck accidents are devastating for the victims both medically and financially, and these policies do not cover the full extent of costs and lost income after a semi-truck wreck. A good truck accident attorney will search for other entities who are partially responsible for the harm caused.
Additionally, many trucking companies and their insurance companies keep track of which lawyers are willing to go to trial and which ones always settle. They understand that taking a case to trial has the potential to increase a case’s value and will typically offer a larger settlement to begin with to avoid trial. But if they know an attorney is unlikely to pursue trial, the company will offer a lower settlement.
When you decide to hire a trial attorney, that means that they will prepare your case as if it will go to trial. They will gather all the materials needed to take your case in front of a jury. And trucking and insurance companies don’t always offer a higher settlement because they think it is fair; it is because they know they may pay more if the case goes to trial.
What Are the Benefits of Going to Trial?
Taking a case to trial can seem daunting. It can force victims of a truck wreck to relive their trauma and face scrutiny from the opposition. But there may be benefits to taking the fight to the courtroom. Even if the case settles before or at trial, the willingness to go to court will likely increase the value of your case.
Settlements can go up to 6x higher when clients decide to pursue a trial. If the case goes to trial, it is the client’s opportunity to tell their story and make the trucking company’s failure to protect others public.
Some trucking companies do not encourage a safety culture, which can result in catastrophic accidents. A trial can force these companies to pay a considerable amount of money as a result of doing considerable damage, which in turn makes them less likely to cause such harm again. Other times, clients are not interested in a higher settlement. Instead, they want to pressure these companies to make changes that will make roadways safer. This usually manifests as adjustments to a company’s policies, such as sleep and sleep apnea policies. Companies won’t make these changes unless you and your lawyer are willing to take the case to trial if they refuse the changes.
Ultimately, it is the client’s choice if they would like to take a case to trial. But hiring a trial attorney can get you the justice you deserve and prepare you to go to court if that is the best solution for your case.
After the Crash Podcast: A Legal Resource for Truck Wreck Victims
After the Crash is currently ranked No. 4 in personal injury podcasts. It is the highest-ranked podcast focusing on personal injury resulting from commercial vehicle and truck wrecks.
The podcast was launched nearly five years ago, in the fall of 2020, by attorney David W. Craig. It educates and empowers listeners in a digestible format. It is primarily aimed at the victims and the families of victims of semi or other large truck accidents.
It is David’s goal to equip listeners with the knowledge necessary to navigate this tough time in their lives. Anyone — truck wreck survivors, legal professionals, healthcare workers, and anyone in between — can tune into After the Crash for free.
A new episode is released monthly, featuring a guest with an important perspective. In each episode, David interviews individuals involved in commercial motor vehicle cases, or experts whose skills are crucial to understanding trucking cases.
Episodes are posted on YouTube, Spotify, Amazon and Apple Podcasts, and the Craig, Kelley & Faultless website.
Injured in a Truck Accident? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired.
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
Reach out for a free case consultation today at (888) 253-5198 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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