When Auto Accident Lawsuits Go to Court

When you are involved in an auto accident, the most typical action is reporting it to the insurance company, having your insurance evaluate the claim, and the insurance company making a determination of fault and damages to award. For most minor accidents, this procedure is fairly common. Yet, when more injuries are present, or more complex issues are present, auto accident lawsuits will find their way into court.

What to anticipate in a trial?

The trial court (or jury if it is a jury trial) will usually make several key determinations: what level of fault each side should have, what are the damages present, are there any factors which make one more or less culpable for the accident, are there any liability or insurance issues, etc.

• Level of fault: The court will take evidence from pictures of the accident, eyewitness testimony, and expert testimony as to who was at fault for the accident and how the accident occurred. Usually, accident reports prepared by insurance companies will be admitted so long as they conform to evidence code standards and are properly done.
• Damage calculations: Evidence must be presented to show the extent of injuries and damages to the automobile. Both sides may present evidence to the extent of medical bills, auto bills, and properly calculated estimates of future medical costs and emotional injuries. Once the court/jury determines the level of fault, they will take the damage costs and multiple it by such to find a number. (example: Driver at 80% of fault with damages of $50,000 will owe $40,000)
• Culpability Factors: The court will listen to evidence that may enhance or decrease one’s fault level for the accident, including; violation of traffic laws when the accident occurred (speeding, lane changes, etc), distractions from driving (cell phone usage, “hurrying”, erratic driving behavior), emergency issues, driver error, intoxication, weather issues, vehicle defects.
• Liability/Insurance Issues: Evidence will be presented to show that someone else should be responsible for covering the damages (driver was working for an employer who must cover accident damages), that insurance will only cover a certain amount(insurance policy cap which will require driver to pay out of pocket after a certain amount), or there are issues of immunity involved (government immunity to a driver who was operating vehicle in government role), owner liability (owner of the vehicle negligently allowed driver to use his/her vehicle), or drivers with no insurance

Preparing for a trial

Regardless if the case goes to trial or not, it is important that you keep all evidence readily available in the event that you need to use it. You should have all eyewitnesses’ contact information available, along with all pictures, reports and bills accounted for and properly detailed. By having the evidence readily accessible, you will save your lawyer time and energy and possibly keep costs lower than if you had to have the lawyer sort through everything and contact everyone.

Why do you need a lawyer?

Typically, your insurance company will have a lawyer available for you to defend your auto accident case. However, there can be some circumstances where they will not provide a lawyer if you choose to challenge their decision on settlement or case management, or if your policy does not include one. If your insurance does not provide a lawyer, it is important that you speak with one immediately to protect yourself and ensure that any rights or obligations you have are protected and that you do not cost yourself the case by not meeting court filing deadlines.