Overview

Getting into a truck accident can change your life in an instant. Between serious injuries, time off work, and endless insurance paperwork, it’s easy to feel overwhelmed. One of the biggest questions people have is whether they’ll need to go to court to recover compensation.

The truth is, it’s not always a straightforward answer. It’s a grey area—one that’s layered and nuanced.

The good news is David W. Starnes Attorney At Law is here to help clear things up. In this post, we’ll explain when a court appearance might be necessary, what factors make litigation more likely, and how a lawyer can walk you through every step so you know exactly what to expect.

Highlights

Introduction

After a crash with an 18-wheeler, you might be asking yourself—do I really have to go to court to get the compensation I deserve? The thought of testifying before a judge, facing the trucking company’s lawyers, or sitting through a trial can be nerve-wracking. Fortunately, not all truck accident cases end up in court. Still, knowing when and why a case might go that far is important for preparing yourself and making the best decisions.

Continue reading below as we explain how truck accident claims typically unfold, explain when going to court becomes necessary, and help you understand how having the right legal support can make all the difference.

How Truck Accident Claims Typically Work

Not every truck accident case results in a courtroom trial. In fact, the majority are resolved through negotiated settlements long before litigation becomes necessary.

Here’s a general overview of how the step-by-step claims process usually unfolds.

1. Investigation and Evidence Gathering

Your legal team will investigate the scene, collect all relevant evidence, request the truck’s black box data, review police reports, and gather witness statements. In Texas, they may also obtain information from the Department of Public Safety or the Texas Crash Records Information System (CRIS) to support your claim.

2. Demand Letter and Settlement Negotiations

Once the damages are calculated, your lawyer will prepare and send a formal demand to the trucking company’s insurance provider. This outlines the facts of the case, your injuries, and the amount of compensation you’re seeking.

The insurer may accept the demand, deny it, or propose a counteroffer. This begins the negotiation phase.

3. Settlement Agreement

If negotiations are successful, the case is resolved with a signed settlement agreement. No court appearance is required.

But what happens if negotiations fail? That’s where the possibility of court comes in.

While many truck accident cases settle, some do progress to litigation. Here are a few reasons why your case might end up in front of a judge or jury.

The Insurance Company Denies Liability

If the trucking company or its insurer disputes that their driver was at fault—or blames you for the accident—settlement becomes unlikely. In Texas, which follows modified comparative fault rules, also known as proportionate responsibility, the insurance company may argue you were more than 50% responsible to avoid paying damages.

You’re Offered an Unfair Settlement

It’s not uncommon for insurers to offer quick settlements to close the case fast—settlements that might fall significantly short of covering your medical expenses, lost income, and pain and suffering. They often do this in the hopes that financial pressure will compel you to accept. When a settlement offer fails to reflect the true value of your claim, your attorney may recommend pursuing litigation to seek fair compensation.

Serious Injuries or High Dollar Amounts Are Involved

When a truck accident results in catastrophic injuries, permanent disability, or wrongful death, the financial stakes are substantially higher. In these situations, insurance carriers are more likely to aggressively contest liability and damages. Litigation becomes more probable, particularly in Texas, where trucking companies are governed by tight safety regulations at both the state and federal levels that may come into play during legal proceedings.

Multiple Parties Are Involved

Commercial truck accidents frequently involve several potentially responsible parties, including the driver, the trucking company, third-party maintenance contractors, cargo loaders, and even vehicle or parts manufacturers. Determining liability among these entities can be complex and contentious. When fault is disputed or shared among multiple parties, formal litigation may be necessary to resolve the matter.

What To Expect if Your Truck Accident Case Proceeds to Court

The initiation of a lawsuit does not necessarily mean your case will proceed directly to trial. Instead, litigation in Texas unfolds through a series of structured stages, each playing a key role in the outcome of your claim.

Filing the Complaint

Your attorney will prepare and file a formal complaint in the appropriate court, typically a district court in the county where the accident occurred. This document initiates the lawsuit and outlines the legal claims against the defendant(s), including the factual basis for liability and damages.

Discovery Process

During discovery, both parties exchange evidence and information relevant to the case. This includes documents, accident reports, medical records, and witness lists. Sworn testimony may be gathered through depositions conducted outside the courtroom setting.

Mediation or Alternative Dispute Resolution

Before trial, the court may order mediation, where a neutral third party helps both sides work toward a settlement. Mediation offers both sides the opportunity to resolve the case without the expense or uncertainty of trial. Many personal injury cases in Texas reach a resolution at this stage.

Trial

If mediation efforts are unsuccessful, the case will proceed to trial. At trial, both the plaintiff and defendant share their arguments and supporting evidence and call witnesses to testify. A judge or jury will determine liability and award damages, if appropriate, in accordance with Texas law.

Understanding the Pros and Cons of Going to Trial

Your attorney will help you evaluate the following considerations in light of your circumstances and advise you on the most strategic path forward.

Potential Benefits

  • Greater potential for a higher financial award
  • Judicial accountability for the at-fault party
  • A formal record of wrongdoing

Potential Drawbacks

  • Lengthy legal proceedings
  • The emotional and psychological toll
  • Uncertainty regarding the final outcome
  • Additional legal expenses

Will You Be Required To Testify?

Not necessarily. If your case is resolved through a pre-trial settlement, you will likely not need to testify. However, if the matter proceeds to trial, it’s common for plaintiffs to provide testimony under oath regarding the facts of the accident and the extent of their injuries. If this occurs, your attorney will provide thorough preparation to ensure your testimony is clear, accurate, and confident.

How Long Does It Take for a Truck Accident Case To Reach Court?

Truck accident litigation in Texas is rarely swift. Given the complexity of these cases, it can take several months to over a year before a trial date is scheduled. That said, the majority of truck accident claims are resolved through settlement negotiations well before reaching the courtroom.

Several factors influence the timeline, including:

  • The severity of your injuries
  • The number of parties involved
  • The court’s existing caseload
  • The willingness of both sides to engage in meaningful settlement discussions
  • The possibility of resolution without trial

Can You Represent Yourself in a Truck Accident Case?

While Texas law permits self-representation, it’s strongly discouraged in truck accident litigation. These cases are often defended by seasoned attorneys representing trucking companies and their insurers. These legal teams are well-versed in civil procedure and defense strategy, and unrepresented plaintiffs are at a significant disadvantage.

Without formal legal training, navigating evidentiary standards, procedural rules, and courtroom dynamics can jeopardize your right to compensation. In many instances, self-representation results in reduced or denied claims.

How a Truck Accident Attorney Works To Resolve Your Case Without Trial

Although the decision to proceed to trial is often beyond your control, retaining experienced legal counsel can help position your case for the best possible result without litigation. A skilled truck accident attorney will pursue every opportunity to resolve your case efficiently and equitably through negotiation or settlement, helping you avoid the courtroom whenever possible.

Their role includes:

  • Developing a compelling case supported by evidence, medical records, and expert testimony
  • Handling negotiations with insurers to seek a fair and just resolution
  • Accurately calculating damages under Texas law
  • Preparing for trial while continuing to pursue settlement opportunities
  • Safeguarding you from missteps that could jeopardize your claim, such as making recorded statements to insurance adjusters

In many cases, simply retaining a respected Texas law firm can prompt insurers to approach negotiations more seriously, potentially avoiding the need for trial altogether.

What Compensation Can You Pursue?

Whether resolved through negotiation or litigation, the objective remains the same: securing full and fair compensation under Texas law.

This may include:

  • Past and future medical expenses
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Disruption to personal relationships or overall life satisfaction

In cases involving egregious misconduct—such as impaired driving or serious regulatory violations—punitive damages may also be pursued to hold the wrongdoer accountable.

Ready To Take the Next Step After an Auto Accident?

While litigation is not always required in Texas truck accident cases, the possibility of going to court remains. Securing representation from a seasoned 18-wheeler accident attorney can streamline the process and significantly strengthen your position.

David W. Starnes Attorney At Law focuses exclusively on representing individuals injured in 18-wheeler accidents. Contact us at (409) 835-9900 to schedule your consultation.