Do You Have to Go to Court After a Truck Accident?

In many cases, you do not have to go to court for a truck accident case. Many truck accident victims are able to reach a settlement offer with the responsible party’s insurance company.

Trucking companies may not want to take these cases to court any more than you do, and their insurance companies may understand the benefits of paying out and avoiding a trial.

Taking a case to court may be more expensive and time-consuming than negotiating an out-of-court settlement. This can weigh heavily on insurance companies who represent corporations that may be found liable at trial.

However, sometimes an insurance company refuses to issue accident victims a fair settlement offer. If this happens to you, you or your truck accident lawyer may be able to take your case to trial and allow a judge or jury to review the evidence and determine if you are owed compensation.

Many Truck Accident Cases Settle Out of Court

In cases where a personal injury lawyer is able to show evidence of the responsible party’s negligence and liability, and the harm suffered by the victim, going to court may be avoided. If the responsible party’s insurance company believes your evidence would stand up in court, they may agree to pay you that amount rather than take the case to trial.

A lawyer may attempt to achieve this outcome by gathering evidence to show:

  • How the truck driver acted in a negligent way, causing your accident and injuries
  • How the trucking company is legally responsible for your accident damages
  • The true value of your case, including your injuries, intangible damages, and current and future losses

This evidence may come from:

  • Photos and videos from the scene of the accident
  • Police reports
  • Witness statements
  • Records or data from the trucking company
  • Accident reconstruction and medical expert testimony
  • Your medical records
  • And other sources

Taking Your Truck Accident Case to Court

In some cases, you may need to go to court for a truck accident case. This could occur if the responsible party’s insurance company refuses to provide you with a fair settlement offer.

When you go to trial, your lawyer may present the evidence of the responsible party’s liability to the judge or jury. If they rule in your favor and decide that the defendant owes you compensation, they may also decide the amount. Your lawyer will accompany you through this entire process.

A state’s statute of limitations restricts the time that accident victims have to file a personal injury or wrongful death lawsuit. If you wait too long and allow this deadline to expire without taking legal action, you could lose your opportunity to recover compensation via a lawsuit.

Damages You May Be Able to Recover

If you can prove that your truck accident was caused by another party’s negligence, you may be able to recover compensation for the following damages:

  • Medical bills (both current and future)
  • Lost wages
  • Vehicle repairs
  • Out-of-pocket expenses
  • Pain and suffering
  • And more

Distasio Law Firm Can Help You with Your Truck Accident Case

Distasio Law Firm represents truck accident victims in both settlement negotiations and personal injury lawsuits. We can handle a variety of legal tasks when we represent you, including:

  • Managing all communications, deadlines, and paperwork in your case
  • Investigating your accident
  • Building an evidence-backed case of the responsible party’s liability
  • Gathering evidence to demonstrate the value of your damages
  • Handling settlement negotiations on your behalf
  • Taking your case to trial if the responsible party’s insurance company is unwilling to make you a fair offer

We can also answer your questions and keep you updated about your case so that you can focus your time and energy on healing from your injuries, rather than the legal casework.

Distasio Law Firm offers a free, no-obligation consultation to accident victims and accident victims. Call us today at (813) 259-0022. A member of our team is standing by to discuss if you may have to go to court for your truck accident case, or if a settlement offer may be an option.

Distasio Law Firm charges no up-front fees or payments to our clients. We work on a contingency-fee-basis, meaning we do not collect attorney’s fees unless and until our clients win their case and recover a settlement offer or court awards.


Our main office is here in Downtown Tampa, Florida in the Channelside neighborhood. Office in Wesley Chapel and Largo are available by appointment only.

Distasio Law Firm