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In
this video, we're
going to cover the basics of how truck accident cases are litigated. We'll flesh out each
aspect in subsequent videos.
Once a plaintiff has performed an investigation of the facts, it's time for your lawyer to
match the facts up with the law. An experienced attorney knows that presenting a persuasive
case requires being able to accurately and believably explain how the defendants failed
to live up to their reasonable standard of care. To use a simple example, if the allegation
is that the truck driver ran a red light and hit your car, your attorney will have, if
possible: 1) a signed statement from you that you saw the light change before the 18-wheeler
entered the intersection; 2) a police report reflecting the truck driver's fault; 3) signed
statements from other witnesses; and 4) testimony from the defendant. All of this must be culled,
cut down, and organized into courtroom-admissible formats.
Once an accurate picture has been painted of the accident, a communication is sent to
the defendant and their insurance company. This is called a "demand," and it kicks off
the real litigation portion of the case. A demand can be a letter, but a savvy attorney
will likely use a video. In the video, your attorneys will make their case. They will
lay out the facts of what happened by using clips of witness testimony from depositions,
as well as expert statements about what happened and who's at fault. Further, the demand will
contain concise explanations of what the victims actually lost. The point of the demand is
to get the victims compensation. It must be done to be both moving, and reasonable. By
moving, we mean that it's supposed to show the defendants what a jury will see if they
decide to move forward and deny your claim. Putting a face to a name and a story puts
the claim in a much more human tone. By reasonable, we mean it's also to convince the defendants
that our claims have merit, that they're not based on emotion or some crass thirst for
a payday. Defendants in truck accident cases are represented by very bright, very experienced
attorneys and claims adjusters, and they're not easily bluffed. A solid demand will show
that the plaintiff's legal team is just as serious as your claim.
If the demand is not accepted, what happens next? In most cases, the parties go to what's
known as "mediation." Here, the victims and the trucking company will meet with a third
party, typically a retired judge, and try to hash out a settlement. There's nothing
binding about a mediation. It simply gives the parties a chance to reach an agreement
to without having to go to trial. The mediator's job is to allow the parties to fully air their
claims, but then hopefully to talk some sense into them about what the actual outcome of
the dispute will be. Mediation isn't always immediately successful, but it can prod the
parties to some kind of reasonable deal.
If mediation doesn't work, then it's off to the courthouse. Most cases don't actually
reach the jury, but they certainly can. While the process of how a trial proceeds is very
complex and multifaceted, one important thing to keep in mind: it's the plaintiff's burden
to show that the trucking company is at fault. The victims must put their case on first by
producing witnesses, reports, and documents to show that the trucking company should be
liable for the accident and all the legitimate damages that resulted from it. This takes
an in-depth knowledge of courtroom rules, but also the ability to make a sale.
In subsequent videos, we'll discuss each of the above elements in litigation in further
detail.