Car accidents can turn your life upside down in a matter of seconds. Whether you’re dealing with mounting medical bills, lost wages, or ongoing pain, you need to understand your legal options so you can recover the compensation you deserve. 

While many car accident cases settle outside of court, some situations call for filing a car accident lawsuit and, ultimately, proceeding to trial. Explore how to recognize when going to court might be in your best interest, common reasons lawsuits happen, and how our car accident lawyers at Craig Swapp & Associates can help you navigate the legal process in states, such as Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona. 

Statistics of Car Accident Cases That Go to Court

Most car accident cases are resolved outside of court. In fact, statistically, only a small percentage of car accident claims end up in court, and an even smaller fraction proceed to a full trial. 

Here’s why:

  • Settlements Are Often Quicker: Insurance companies typically prefer to settle claims to avoid the costs and unpredictability of a trial. This means the bulk of car accident cases are resolved through negotiation.
  • Alternative Dispute Resolution: Mediation and arbitration can facilitate a faster resolution without the need for a courtroom.
  • Time and Expense of Trial: Going to trial can be lengthy and expensive. Both plaintiffs and defendants may decide it’s more beneficial to settle rather than prolong the process.

However, that small percentage of car accident cases that do go to court often involve serious injuries, disputed fault, or significant damages. When the parties cannot reach an equitable settlement or when the insurance company refuses to act in good faith, filing a motor vehicle accident lawsuit may become the only path to fair compensation.

Common Reasons Car Accident Lawsuits Happen

While most car accident claims settle, there are situations in which a car wreck lawsuit is unavoidable. 

Here are the most common reasons car accident lawyers would recommend escalating a claim to a car accident lawsuit:

Disputed Fault and Liability

Sometimes, fault is straightforward – such as when a driver runs a red light and collides with another vehicle. Other times, fault and liability are less obvious. When the other party or their insurance carrier disputes who caused the accident, you might have no choice but to file a car accident lawsuit. Evidence like police reports, witness statements, dashcam footage, and expert testimony can help prove negligence, but these resources may be fully leveraged only in court if negotiations stall.

Large Car Accident Claim

When a car accident causes severe injuries – like traumatic brain injuries, spinal cord damage, or permanent disabilities – the stakes are significantly higher. In these cases, the injured party may face extensive medical treatment, ongoing rehabilitative care, lost wages, and non-economic damages such as pain and suffering. If an insurance company doesn’t offer a fair settlement to cover all these losses, pursuing a car wreck lawsuit might be the only way to achieve adequate compensation.

Bad Faith Practices of Insurance Company

Insurance companies have a legal obligation to handle claims fairly and in good faith. Unfortunately, some carriers engage in bad faith tactics, such as unnecessary delays, unjustified claim denials, or refusing reasonable settlement offers. When this happens, injury lawyers may advise filing a car accident lawsuit against the insurer to protect your rights and interests.

How Car Accident Lawsuits Work

Filing a motor vehicle accident lawsuit typically follows a series of steps. While each jurisdiction (Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona) may have slightly different rules, the general process is similar:

1. Consultation with Accident Lawyers

Before starting the legal process, it’s essential to speak with car accident lawyers in your state. Your lawyer will evaluate the evidence, estimate potential damages, and advise you on whether pursuing litigation is worthwhile.

2. Complaint and Summons

To initiate a car accident lawsuit, your accident attorney files a complaint with the appropriate court and serves the defendant (the at-fault driver or insurance company) with a summons. This document outlines the facts of the case, the alleged negligence, and the damages sought.

3. Discovery Phase

During discovery, both sides exchange information and evidence. This includes requests for documents, depositions (recorded interviews under oath), and interrogatories (written questions). Discovery helps each party build their case and understand the strengths and weaknesses of the other side’s position.

4. Motions and Pre-Trial Hearings

Attorneys may file various motions (e.g., to dismiss the case or exclude evidence) to shape what can be presented at trial. Pre-trial hearings offer opportunities to resolve procedural issues and encourage settlement discussions.

5. Settlement Negotiations

Even after filing a car wreck lawsuit, settlement discussions often continue. Many cases settle before going to trial, especially if compelling evidence or court orders incentivize the parties to negotiate.

6. Trial

If a settlement cannot be reached, the case proceeds to trial. Each side presents arguments, evidence, and witnesses before a judge or jury. Ultimately, a verdict is rendered deciding liability and awarding damages.

7. Appeals

If either side believes legal errors occurred during the trial, they may file an appeal, further extending the process.

Throughout the entire process, having skilled accident lawyers by your side can make a significant difference in both the outcome of your case and the stress you experience.

Our Car Accident Lawyers Can Represent You in Court

If you’ve been injured in a car collision and the other party or their insurer disputes your car accident claim, you could end up needing to file a motor vehicle accident lawsuit. Deciding whether to go to court can be daunting, especially when you’re dealing with the physical, emotional, and financial fallout of a serious accident.

At Craig Swapp & Associates, our experienced car accident lawyers have a long track record of representing injured individuals in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona. We understand the complexities of each state’s personal injury laws and tailor our approach to your unique situation. 

Going to court isn’t always the ideal route – but for some car accident cases, it’s the only way to secure justice. If your claim is heavily disputed or the settlement offers you’ve received are insultingly low, filing a motor vehicle accident lawsuit may be the right move. Call us at 800-404-9000 or contact us online to schedule your free consultation.