Do Most Car Accident Cases Settle Before Trial?

If you or somebody you care about gets injured or sustains property damage in a car accident, there is a chance you may incur significant expenses. This can include costly medical bills, lost income, property damage expenses, and other related expenses. Injury victims must be able to secure compensation if someone else causes their accident, but ensuring this compensation is not always easy. Here, we will discuss whether most car accident cases are resolved between insurance carriers or if they ultimately go to trial.

Most Cases Are Resolved With Insurance

Despite what TV shows and movies may show you, the vast majority of personal injury cases are resolved before they go to trial. This includes car accident cases in the state of Texas. In general, car accident claims are resolved through insurance carrier settlements before a personal injury lawsuit is even filed. Yes, there may be some conflict and back-and-forth negotiations between an injury victim and the insurance carrier, but these claims are usually resolved relatively amicably. However, there are times when an insurance carrier denies a claim or refuses to offer a fair settlement to an injury victim. In such cases, the injury victim and their attorney may need to file a personal injury lawsuit to recover compensation. That said, just because a personal injury lawsuit has been filed, it does not mean that the case will ultimately go to trial. In fact, most personal injury civil lawsuits still do not end up going to trial. There will be an extensive period of investigation, discovery, and negotiations between the two parties before a trial date is set. Most claims are settled during this lengthy process and before trial.

What Are the Pros & Cons of Settling Before Trial?

If the two sides cannot reach an agreement after a lawsuit has been filed, it may be necessary to take a case to trial. There are benefits to settling before a trial occurs, but there are also some drawbacks.

The Pros of Settling Before a Trial

Many people settle before their case goes to trial, and the advantages of settling include the following:

• The victim will receive compensation faster

• Higher attorney fees can be avoided

• Settling can avoid multiple court proceedings (hearings, depositions, and the trial)

• Settling avoids an unpredictable jury decision (risk of receiving no compensation at all)

The Cons of Settling Before a Trial

There are several reasons why it may not be a good idea to settle before trial, and an attorney can help an injured party make informed decisions. Some of the drawbacks of settling a case before trial include not being able to secure the total amount of compensation the victim is entitled to receive. Trials can help ensure that an injury victim receives justice and their rightful compensation. Settling before a trial could significantly curtail the amount of compensation the victim receives.

Work With an Attorney

It is highly recommended that all injury victims work with a skilled personal injury lawyer to help with their case. These claims can be unpredictable and complicated. However, a skilled attorney will understand every aspect of the claim and will know whether or not moving forward to trial is a good idea or whether their client should settle.

5 Questions to Ask a Texas Car Accident Attorney

If you or somebody you care about has been injured in a car accident caused by the negligence of somebody else, you may need to seek assistance from an attorney in order to recover full compensation for your losses. However, there are various questions that you should ask a prospective Texas car accident attorney before deciding to work with them.

1. How Much Does an Attorney Charge? Are Clients Required to Pay if the Case Loses?

This may be two questions, but they are closely related. Most Texas auto accident lawyers will take these cases on a contingency fee basis. This means that the client will incur no upfront or out-of-pocket costs for their case and will only pay legal fees after their injury lawyer secures the compensation to which they are entitled. In other words, if the attorney does not win the case or receive compensation for the client, then the client will not pay any legal fees at all. This type of fee arrangement enables even those with limited resources to hold alleged negligent parties accountable for their actions. You can also ask if a car accident lawyer offers free consultations.

2. What is the Statute of Limitations for Car Accidents?

Each state is responsible for setting time limits regarding how long injury victims have to file lawsuits against the alleged negligent party in their case. The Texas personal injury statute of limitations is two years from the date of the accident. This means that a car accident victim has a two-year window with which to file a lawsuit against the alleged negligent party. Failing to file a lawsuit within this timeframe will result in the victim being unable to recover the compensation to which they are entitled.

3. Do All Car Accident Cases Go To Trial?

No, most car accident and injury cases do not go all the way to trial. The vast majority of car accident claims are resolved through settlements with insurance carriers. However, if the at-fault party’s insurance company refuses to offer a fair settlement or if they deny a claim altogether, then it may be necessary for the car accident injury victim to file a personal injury lawsuit in civil court. Even after a case is filed in court, it is still unlikely that it will go all the way to trial. Most personal injury lawsuits are settled through negotiations with attorneys involved for both sides.

4. How Much Experience Do You Have?

There is nothing wrong with asking car accident lawyers about how much experience they, and the law firms they work at, have. In fact, glance at the wall in an attorney’s office and see if they have their law degree hanging. When did they graduate? Granted, the amount of time an attorney practices law is not always an indicator of their success. Still, you can generally count on an experienced attorney understanding exactly what needs to be done to ensure you receive the compensation you are entitled to. In particular, you can ask a prospective attorney about how much experience they have handling cases similar to yours.

5. What Are the Previous Settlements & Results for Car Accident Cases?

You can also ask a car accident injury attorney about their track record of success. For example, have they successfully recovered any major settlements or results for previous car accident clients? You may be able to find some of this information on the attorney’s website or by Googling the particular attorney you are thinking about using.

How to Deal With Insurance Adjusters After a Car Accident

Vehicle accidents occur regularly throughout Texas. Based on data from reportable crashes during the latest year in Texas, one person was injured every two minutes in a vehicle collision in this state. In the event you or a loved one is involved in an accident, you are going to have to deal with car insurance carriers. This includes your insurance carrier as well as the carrier of the other driver(s) involved. You must understand how to deal with insurance adjusters in the aftermath of a Texas automobile collision. Insurance claims adjusters are very good at their jobs, and their goal is to make sure that the insurance policy pays as little as possible in a settlement to claimants. Insurance adjusters may seem very friendly, but they are also trained to get you to say things that could jeopardize any settlement you receive.

Should I Post to Social Media During an Ongoing Personal Injury Case?

It may seem like second nature to log on to social media and tell your friends, family members, and followers that you have been involved in a car accident and post photos of the accident scene. In fact, many people stream live from the scene of a crash. Some of the most common places that people post about vehicle accidents they have been involved in are Facebook, Instagram, TikTok, and Twitter. However, it is strongly advised that you do not post any information about your vehicle accident on social media. Even if you have the highest privacy settings on your social media accounts, you can be sure that the auto insurance claims adjusters or legal teams for the other parties will find a way to gain access to your posts. All it takes is one family member or friend to copy or share your post to give others information that you thought was private. Even something innocuous like posting about going to the grocery store could jeopardize your case, particularly if you have said that you have specific injuries that keep you from going about your daily activities. Insurance claims adjusters will use anything you post to try to deny your claim during the claims process or reduce the amount they pay in a settlement.

Should I Give a Recorded Statement to an Insurance Company?

You are not legally required to give a recorded statement to a car insurance company, and you should avoid doing so. Insurance claims adjusters will try to make it seem like you have to give a recorded statement for your case to be settled, but this is not true. The reason they want a recorded statement from you is so they can use it against you in the future. Adjusters from car insurance companies will try to get you to say something while you are on record that could jeopardize your claim. For example, the insurance claims adjuster may try to get you to admit that you could have avoided the accident. They may try to confuse you about the speed you were driving at the time the collision occurred or ask you about whether you have ever looked at your phone while driving. The claims adjuster from insurance providers may even try to engage you in friendly banter about your weekend activities in an effort to get you to admit doing things after claiming you sustained personal injuries.

Work with an Attorney

If you or somebody you love has been involved in an accident caused by the careless actions of another person, you should speak to an attorney as soon as possible. If you involve an attorney, they will be the one to handle communications with other parties involved, including insurance adjusters. Your focus should be on recovering from your injuries and spending time with your family, rather than worrying about accidentally mispeaking and jeopardizing your claim.

What Should I Do After a Hit-and-Run Accident in Texas?

Auto accidents can be an incredibly terrifying experience for victims. This is particularly true for those who are hit-and-run drivers. Hit-and-run incidents can lead to significant confusion following the collision, criminal charges, and victims in these situations need to know what to do. There are various steps that hit-and-run car accident victims in Texas can take to help ensure their well-being while also protecting their rights.

What to Do After a Hit-and-Run in Texas?

The most important thing that any driver can do in the aftermath of being struck by a hit-and-run driver is to stop their vehicle in a safe space and assess their injuries and the injuries of their passengers. Under no circumstances should you leave the scene of an accident, even if the other driver has left. Texas state law requires drivers to stop at the accident scene, render aid, provide their personal information, and produce their driver’s license if requested for any incident that involves injuries or death. If you have been in a car accident caused by a hit-and-run driver, you should:

• Do not attempt to pursue a fleeing driver. This will create an unnecessarily safe situation for you and others on the roadway.

• Contact law enforcement immediately. Let the police come to the scene, conduct an initial investigation, and begin the process of locating the hit-and-run driver. Try to remember as much information about the other driver and their vehicle as possible so you can relay this data to the police.

• Seek medical assistance. To ensure your well-being and establish a link between any personal bodily injuries in the crash, you need to seek medical assistance as soon as possible. Regardless of whether a minor or serious injury exists, let a doctor perform an evaluation.

• Gather as much evidence as possible. If you can safely do so at the scene of the crash, use a cell phone or other type of camera to take photographs of any vehicle damage, injuries, debris, skid marks, traffic conditions, and more.

• Report the incident to your insurer. You will typically be required to report any vehicle accident to your auto insurance carrier as soon as possible after the incident occurs. You do not need to provide detailed information in your initial report. Still, you should inquire with your insurance company about whether or not you have uninsured or underinsured motorist coverage. If you do, this coverage could be used to help cover your expenses in the event the hit-and-run driver is not located.

According to data available from the Texas Department of Transportation, there were more than 256,000 total vehicle collision injuries reported during the latest year across the state. While we do not have exact data stating how many of these incidents were hit-and-run, we do know that it is not uncommon for drivers to flee the scene of an accident. This is particularly true if the offending driver does not have car insurance, was intoxicated at the time of the car crash, or has a warrant out for their arrest for another reason.

What Should I Do After a Construction Zone Car Accident in Texas?

Accidents occur in construction zones regularly. Unfortunately, construction work on or near the roadway can lead to significant confusion, bottlenecked traffic, closed-off lanes, reduced speed limits, and more. Not only is this dangerous under ideal conditions, but construction work zone accidents are much more likely to occur when there are negligent drivers on the roadway. Additionally, there are times when the negligence of a road construction company or governmental agency responsible for the site causes these incidents. Here, we will discuss the steps you can take in the event of a car accident in a construction zone in Texas.

What Should I Do After a Construction Zone Accident?

If you have been involved in a construction zone crash in Texas, you should take the following steps to ensure that your rights are protected:

• Seek medical care immediately. Regardless of how minor or severe the injuries are, you need to seek medical care immediately. Let a doctor evaluate your situation and determine any necessary treatment.

• Ensure that law enforcement arrives at the scene of the crash. Law enforcement officials must respond to the scene of the crash to conduct a preliminary investigation and determine the cause of the accident and liability. You will need an official copy of the accident report for your insurance carrier.

• Gather evidence. If you can safely do so at the scene, use a phone or other camera to take photographs of any damage, injuries, causes of the crash, construction zone signage, temporary road markings, etc.

• Report the incident to your insurer. You need to report the incident to your insurance carrier as soon as possible. You do not need to provide detailed information about the incident initially, but you must inform the insurance company that a crash occurred.

• Contact an attorney. You should consider consulting with a skilled Texas car accident lawyer in the aftermath of an incident around a construction zone. A personal injury attorney will have the resources necessary to conduct a full investigation to determine liability in the case.

Construction Zone Accidents: Who is Liable?

There may be various parties that could be held liable in the aftermath of a Texas construction zone accident. This could include other drivers on the roadway, construction companies, contractors, subcontractors, or government agencies, among others. Construction companies or governmental agencies may be liable in the event:

• They failed to alert drivers with adequate warning signs

• They did not properly mark temporary lanes for drivers to follow

• They neglected to cordon off dangerous areas properly

• They did not guide traffic when necessary

• Construction workers left dangerous construction equipment near the roadway, which created a hazard for drivers

According to data available from the Texas Department of Transportation, more than 26,000 total crashes were reported in work zones throughout the state during the latest year. Out of these incidents, there were:

• 168 fatalities

• 689 suspected serious injuries

• 2,448 non-incapacitating injuries

• 7,840 possible injuries

If you or a close loved one has been injured as a result of a construction zone car accident in Texas caused by the careless or negligent actions of another party, seek legal advice and assistance from our law office immediately. The accident attorneys at our law firm will work to thoroughly investigate your case to secure maximum compensation for your personal injury claim during a free consultation.