Most car accident cases settle out of court, but sometimes a trial is necessary to get the compensation you deserve.
In this article, we’ll answer the question: What happens when a car accident case goes to trial? You’ll learn what circumstances may warrant a trial, what to expect in the courtroom, and what happens after a verdict is reached.
If you’ve been involved in a car accident, Leeson & Leeson‘s car accident lawyers will fight for the compensation you’re entitled to. Contact us today to start building a strong case.
Common Reasons Car Accident Cases Go to Trial
Car accident cases may go to court under several circumstances:
- Disputed Liability: When it’s unclear who caused the accident, and both parties are pointing fingers at each other.
- High Damages: In cases involving severe injuries or emotional trauma, parties may not agree on a compensation amount.
- Insurance Pushback: Insurance companies are often reluctant to pay large settlements. Taking the case to trial is sometimes necessary to reach a fair resolution.
The Pre-Trial Process for Car Accident Cases
Contrary to what TV shows might suggest, the majority of a legal case happens long before the trial begins. Hundreds of hours go into preparation during the pre-trial process. Here’s what you can expect:
1. Pleadings
The pre-trial process begins with pleadings. The plaintiff (the victim) files a complaint, which outlines the facts of the case and how they were injured by the defendant (the other driver). The defendant can respond with an answer—their version of events—or file motions to dismiss the case.
2. Discovery
Next comes discovery, where both sides exchange information and evidence. This stage helps both parties understand the strengths and weaknesses of their cases. The purpose of discovery is to encourage settlement and prepare for trial by sharing documents, witness lists, and other critical evidence.
3. Dispositive Motions
After discovery, parties can file dispositive motions. These motions request the court to rule in their favor without going to trial, often due to overwhelming evidence or legal technicalities.
What to Expect During a Car Accident Trial
A car accident trial involves several stages:
1. Jury Selection
Also known as voir dire, jury selection is the process of choosing impartial jurors who will ultimately decide your case. During this stage, attorneys for both the plaintiff and the defendant ask potential jurors questions to uncover any biases, preconceived notions, or personal experiences that might impact their judgment. Each side can challenge certain jurors “for cause” or use a limited number of peremptory challenges to exclude jurors without giving a reason.
2. Opening Statements
After the jury is selected, the trial begins with opening statements. Each attorney lays out the facts of their case, explaining the events as they believe they happened and previewing the evidence and testimony they plan to present. Opening statements are not arguments—they’re factual overviews to give the jury a framework for understanding what will come next.
3. Presentation of Evidence
This is the core of the trial, where each party presents their case through witness testimony, documents, photographs, expert reports, and other forms of evidence:
- Direct Examination: The attorney questions their own witnesses, allowing them to provide firsthand accounts or expert insights that support the case. Witnesses may include the injured party, eyewitnesses, police officers, medical professionals, or accident reconstruction experts.
- Cross-Examination: The opposing attorney then has the opportunity to question those same witnesses. They may challenge inconsistencies, expose potential biases, or introduce doubt about the reliability of the witness’s statements.
This part of the trial helps the jury determine the credibility of the testimony and the strength of the evidence, shaping how they interpret what really happened.
4. Closing Arguments
Once all the evidence has been presented, each side gives their closing arguments. Unlike opening statements, this is where attorneys can make persuasive appeals to the jury, connecting the dots between the evidence and the legal standards that apply. They summarize the key points of their case, highlight weaknesses in the opposing side’s arguments, and emphasize why the jury should rule in their favor. Closing arguments are often the most compelling part of the trial, providing a final chance to influence the jury’s decision.
5. Jury Deliberation
After closing arguments, the jury retires to deliberate in private, discussing the evidence and attempting to reach a unanimous decision. The length of deliberation varies—it can take as little as an hour or extend to several days in more complex trials. During this time, jurors may request to review evidence or ask the judge for clarification on legal instructions.
What Happens After A Car Accident Verdict?
Post-Trial Procedures
Once the jury reaches a verdict, they may either award damages to the plaintiff or rule in favor of the defense. The judge then formally enters the verdict into the court record, making it legally binding. At this point, any awarded damages become part of the final judgment and are enforceable under the law.
Appeals and Next Steps
If the losing party believes there were legal mistakes that affected the outcome, they can file an appeal. This must typically be done within 30 days, but the timeline can vary depending on state rules and whether post-trial motions are filed. An appeal does not retry the case—it reviews whether the trial was conducted fairly and in accordance with the law.
Mistrials
A mistrial occurs when a case is invalidated due to issues like a deadlocked jury, procedural errors, or misconduct. If this happens, the case may be retried from the beginning with a new jury. Your attorney will assess whether a retrial is necessary or if alternative resolutions are available.
Settle Your Car Accident Case with Leeson & Leeson
Whether your case settles or goes to trial, the car accident attorneys at Leeson & Leeson will provide aggressive representation on your behalf. We fight to protect your rights and maximize your compensation, so you can confidently rebuild your life after a car accident.
Don’t face this alone—contact us today to schedule a consultation and take the first step toward the justice you deserve.
