When you’re involved in a truck accident, one of the most critical decisions you’ll face is settling your case out of court or taking it to trial. Both options have advantages and potential drawbacks, and understanding the difference between the two can significantly impact the outcome of your claim.

At Langdon & Emison, our Kansas City truck accident lawyers have represented countless truck accident victims in Missouri and across the country, and we’re here to help you make the best choice for your case. Keep reading to learn more about settling vs. going to trial.

What does it mean to settle a truck accident case?

When you settle a truck accident case, you agree to accept a certain amount of money from the defendant (or their insurance company) in exchange for resolving the case without going to trial. Settling avoids the time and uncertainty of a trial, but it’s important to understand the details before making a decision.

Benefits of settling

Faster resolution: Settling a case typically takes less time than going to trial. Once a settlement offer is agreed upon, funds can be disbursed relatively quickly.
Lower costs: Trials can be expensive due to legal fees, expert witness testimony, and court costs. Settling early can reduce these expenses.
Certainty: When you settle, you know exactly how much compensation you will receive. Going to trial comes with the risk of receiving less—or nothing—if the jury sides with the defendant.

Drawbacks of settling

Potential for less compensation: Settlements often reflect a compromise between the parties. While you avoid the risks of a trial, you may also accept less compensation than you might have received with a favorable jury verdict.
No admission of liability: In most cases, settling does not mean the defendant admits fault. This can be important for victims seeking justice beyond financial compensation.

What is a jury trial in a truck accident case?

Taking your case to a jury trial means presenting the evidence and arguments to a judge and jury, who will decide whether the defendant is liable and, if so, how much compensation you are entitled to receive. A trial can be a more drawn-out and complex process, but it may result in higher compensation depending on the facts of the case.

Benefits of going to trial

Potential for higher compensation: If the jury finds in your favor, you may be awarded more than what was offered in a settlement. This is particularly true in cases involving severe injuries or where the defendant acted with gross negligence.
Public accountability: A trial can lead to a public verdict that holds the defendant accountable, which can be important for victims seeking justice, especially in corporate negligence or egregious wrongdoing.

Drawbacks of going to trial

Uncertainty: Trials come with the risk of losing the case. Even if the evidence is in your favor, there’s no guarantee that the jury will side with you, which could result in receiving no compensation at all.
Time-consuming: Trials take much longer than settlements. Preparing for trial can involve months (or even years) of discovery, depositions, and motions before you ever see the inside of a courtroom.
Higher costs: Going to trial typically requires significant legal expenses, including expert witness fees, court costs, and attorney fees. While many personal injury attorneys work on a contingency basis, the costs of a trial can still reduce the final compensation amount.

Key factors to consider in the settle vs. jury trial decision

Several factors should be weighed carefully when deciding whether to settle or go to trial. Every case is unique, so consulting with an experienced truck accident attorney is crucial to making the best decision.

The strength of the evidence

If the evidence is overwhelmingly in your favor, going to trial may be worth the risk to seek full compensation. Strong evidence can include eyewitness accounts, expert testimony, video footage, and trucking company records. However, settling might be the safer option if the evidence is less clear.

The severity of the injuries

Cases involving severe or catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, or wrongful death, often involve higher stakes. Trucking companies and their insurers may be more willing to offer a larger settlement to avoid the unpredictability of a jury trial. However, if the settlement offer does not reflect the full extent of your damages, a trial may be necessary to achieve fair compensation.

Insurance company’s willingness to negotiate

In some cases, the defendant’s insurance company may refuse to offer a fair settlement, either by lowballing the offer or denying liability altogether. If the insurer is acting in bad faith, going to trial may be the only way to hold them accountable. Missouri law (Section 375.296, RSMo) prohibits insurance companies from engaging in bad faith practices, and a trial may expose such behavior.

Emotional and financial considerations

The emotional toll of a trial should not be underestimated. Trials can be stressful and time-consuming, requiring you to relive the trauma of the accident. Financially, you’ll need to consider the costs of going to trial and how long it may take to receive compensation.

Case studies: Settling vs. going to trial in truck accident cases

Settlement after a major truck collision

A client was severely injured when a commercial truck rear-ended their vehicle. The trucking company initially denied liability, but during discovery, evidence was uncovered showing that the truck driver had violated federal hours-of-service regulations. Rather than face the risk of a trial, the trucking company agreed to a significant settlement, covering medical expenses, lost wages, and future care costs.

Jury trial for catastrophic injuries

In another case, a client suffered life-altering injuries in a truck accident. Despite clear evidence of negligence, the insurance company’s settlement offer was far below what was needed to cover long-term care. Langdon & Emison’s trial lawyers took the case to court, where a jury awarded substantial compensation, far exceeding the initial offer.

Contact Langdon & Emison today

If you or a loved one has been involved in a truck accident, contact Langdon & Emison for a free consultation. We’ll evaluate your case, explain your legal options, and help you decide whether to settle or take your case to trial.