Tucker Car Accident Trials
While some car accident cases settle before going to trial, others must be taken to court if all attempts to resolve an accident claim fail. The at-fault party or insurance company may settle your case at any time before the jury verdict. However, before a car accident case goes to trial, it is helpful to understand the main steps involved in a Tucker car accident trial. Our dedicated car wreck attorneys could guide you through this process.
Establishing Negligence in a Car Accident Trial
In a personal injury case, a judge or jury examines the evidence presented by both parties to decide whether the defendant should be held responsible for the plaintiff’s injuries. In Tucker, a trial following a car accident gives the claimant the opportunity to argue their case and the defendant a chance to refute the allegations against them. In civil cases, the legal standard of proof is the preponderance of the evidence. Practically this means that the plaintiff bears the burden of proving that it is more likely than not that the facts weigh in the favor for the plaintiff.
In many accident and injury cases, the issue of fault centers around proving that the defendant was negligent. To establish negligence, a claimant must prove:
- The defendant had a duty of care or an obligation to avoid injuring someone else or placing them in the path of danger
- There was a breach of duty, which is the defendants’ deviation from the standard of care
- Causation, which demonstrates that the defendant’s actions caused the plaintiff’s injuries
- Damages or the plaintiff’s physical, financial, and emotional losses
How is a Jury Chose in Tucker?
When a case is ready for trial, juries are selected through a random process. Both attorneys are permitted to ask potential jurors’ a series of questions and exclude individuals that may have a bias that could prevent them from being impartial. After jury selection is complete, the trial begins.
What are Opening Statements?
At the beginning of a trial, the plaintiff and defendant are allowed to make an opening statement. This statement allows parties to present the facts of their case from their perspective and outline the evidence they will use to prove their arguments. The opening statement is essentially a roadmap of the case the parties will present.
Presentation of Evidence and Witness Testimony in Car Crash Trials
In car wreck trials, plaintiffs in Tucker present their case first by calling witnesses and introducing evidence related to the dispute. To establish that the defendant is at fault, the plaintiff may present evidence in the form of witness testimony or physical evidence, such as medical records and police reports. Witnesses may be the plaintiff themselves, eyewitnesses, or experts. The defendant’s attorney then has the opportunity to cross-examine each witness or object to the introduction of evidence.
After the presentation of the plaintiffs’ case, the defendant will have their chance to present their argument and raise any relevant defenses. The defendant’s attorney may likely present witnesses and evidence to try to convince the jury that the defendant is not at fault for the motor vehicle accident. The claimant’s lawyer also has the opportunity to cross-examine each of the defendant’s witnesses at this point.
Closing Arguments and Jury Deliberations
When the defense finishes presenting their evidence, each party has the opportunity to present a closing argument, highlighting their key points and evidence used in the case. After the closing arguments, the jury considers whether to find the defendant liable for the plaintiff’s injuries and calculates the actual damages. Once the jury returns with their decision, either side may have the option to file an appeal if they disagree with the jury’s verdict. Finally, the judge orders the final judgment be entered in favor of the prevailing party.
Speak with a Lawyer for More Information on Car Wreck Trials
Every car accident case is unique, and the resulting trial may be complex, depending on the facts of the case. Before filing a personal injury claim, or initiating a Tucker car accident trial, talk to a knowledgeable attorney. Our team has experience in investigating these cases, negotiating settlements, and taking claims to trial when needed. To get started on your case, call today.