Will I have to go to Court to Resolve my Commercial Trucking Accident Claim in Alabama?



Have you been involved in a commercial trucking accident in Alabama? Are you facing the emotional stress, crippling medical expenses, loss of income, or the harsh reality of a life-altering disability? You might be wondering, "Will I have to go to court to resolve my commercial trucking accident claim?" The answer to this question, like many things in law, is not quite straightforward. However, Alabama injury lawyer, Stephen Thompson, aims to provide you with some clarity on the subject in this informative article.

Getting the legal help you need after a commercial trucking accident in Alabama doesn't necessarily mean you will need to go to court. Many personal injury cases, including those involving commercial trucking accidents, are often settled outside court. The fact is, most insurance companies prefer to avoid the unpredictability, publicity, and costliness of a court case. They would rather resolve the dispute through negotiation. That said, there are situations where going to court might be necessary or advantageous.

Negotiating a Settlement

Before contemplating court proceedings, the first step usually involves negotiations with the insurance carrier of the trucking company. Your Alabama personal injury lawyer will gather the necessary documentation, including medical records, accident scene photos, police reports, witness statements, and any other proof needed to establish fault and calculate damages. Using this crucial information, your attorney can begin negotiations with the insurance company. 

Your attorney, like Stephen Thompson, should be well-versed in Alabama personal injury law. They will ensure that you are fairly compensated for medical expenses, pain and suffering, lost earnings, and other related costs. In many cases, this negotiation process results in a reasonable settlement, eliminating the need for a court case.

Why Would a Case Go to Court?

However, there could be situations where a fair settlement cannot be reached through negotiation, and going to court becomes necessary. This usually happens when there are disputes over who was at fault in the accident, the severity of your injuries, or how much the claim is worth. In such situations, filing a lawsuit could be the best course to protect your rights and secure appropriate compensation. 

When your case goes to court, presenting a robust case becomes a top priority. Establishing the chain of liability in a trucking accident can be complex, as multiple parties could potentially bear responsibility, including the truck driver, the trucking company, the truck’s manufacturer, or a third-party maintenance provider. Your lawyer's critical role is to identify and hold accountable all entities that contributed to the accident. 

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Preparing for Court: The Discovery Process

A vital phase in a court case is the 'discovery' process, which involves mutual sharing of evidence between your Alabama personal injury attorney and the defense team. This stage involves interrogatories, depositions, and document requests. It provides insight into the strength of the other side’s case and can either pave the way for a pre-trial settlement or prepare the case for trial.

The Decision to Settle or Go to Court

Ultimately, the decision on whether to settle your claim outside the court or proceed with a trial is up to you, based on your attorney's advice. Remember that a lawsuit can take considerable time and emotional energy. However, if it becomes clear that a trial is the best way to secure full and fair compensation for your losses, your attorney will be ready to fight for your rights in court. 

Stephen Thompson, an experienced Alabama personal injury attorney, understands the complexities involved in commercial trucking accident claims. He is committed to guiding you every step of the way, ensuring you get the compensation you need and deserve, whether it's through a settlement or litigation. 

In answer to the question, you will not always need to go to court to resolve your commercial trucking accident claim in Alabama. However, should your case necessitate it, a skilled personal injury attorney like Stephen Thompson will be fully prepared to advocate for you in court relentlessly. 

If you or a loved one was injured in a commercial trucking accident in Alabama, contact Stephen Thompson for a free consultation. He is passionate about advocating for accident victims and dedicated to delivering quality legal representation when you need it most.

Free Initial Strategy Session

All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.

During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:

  • First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
  • If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.


Don't delay getting the recovery you deserve! Contact us today for your free Strategy Session!

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