The Maryland truck accident trial process can be daunting for anyone familiar with it. If you get to this stage in the legal process, a few things must have happened. First, you have been in a truck accident in Maryland. Alternatively, even if the accident occurs outside of Maryland, you may sue in a Maryland court if the defendant lives in Maryland. Second, for whatever reason, we are unable to settle your case. In about 95% of personal injury cases, we settle with the adverse insurer prior to filing suit on your claim. If we file a lawsuit against the defendant, it is for one of two reasons.
First, the defendant’s legal defense team, typically their insurer, denies liability. They do this if they believe we have insufficient evidence to win at trial or if it is simply a matter of our word against theirs, and they choose to believe their insured.
The second reason we proceed to the trial stage is if we cannot agree on the value of your case for settlement. This may occur because the adverse insurer does not believe your lost wage claim, attempts to devalue your medical expenses, or misvalues your pain and suffering. If this happens, we will advise you to reject any below-value settlement offer and proceed to trial. Of course, this is ultimately your choice. If you prefer to take the settlement offer on the table despite it not fully representing the value of your case, that is your prerogative. The insurance companies do this because they know it is tempting for claimants not to go through the hassle of trial. If you can resist that urge and are determined to pursue the actual value of your case, continue to understand the Maryland truck accident trial process.
This prefaces the Maryland truck accident trial process. First, we collect all information and evidence that is readily accessible to us. In some instances, in a truck accident, the trucking company may not be willing to turn over dash camera footage. Once we begin with pre-trial procedures, we can obtain the dashcam footage via a subpoena during the discovery phase. A lot takes place during this stage of the process. Everything begins once we file the complaint with the clerk of court and serve the summons on the defendant. The defendant may file a motion to dismiss. If this happens, your attorney from Gelb & Gelb will meet with the defense counsel and the judge and explain why the case should be heard before a court.
More pre-trial procedures may include depositions. The purpose of a deposition in a truck accident case is to gather information, preserve information in the record, evaluate the case, and lead to an impeachment of the witness. We may also participate in mediation, a costly yet effective method for resolving a case via settlement before the trial begins. We generally only participate in mediation if the case’s value warrants it. If all settlement attempts fail, we proceed to trial.
Opening statements mark the commencement of the Maryland truck accident trial process. This provides us our first opportunity to frame our case to the jury. Because we are the plaintiffs, we speak first, followed by the defense. We are not necessarily making our case here. Rather, we are presenting a brief summary of the facts, highlighting the damages, and impact of the truck accident. Effective opening statements can significantly shape the jury’s initial perceptions and set the tone for the rest of the trial. During this phase, we may stress the size difference between the size and weight of the truck versus the relative size of the vehicle you were in. Significant discrepancies in ratios tend to be compelling to a jury.
In the Maryland truck accident trial process, we are the plaintiffs. That means we represent the party who brought the lawsuit. Because of that, we have the burden of proof. The burden of proof in a personal injury trial for a truck accident in Maryland is to prove negligence by a preponderance of the evidence. That means we must convince a jury, by evidence, that it is more likely than not that our version of events is true. Of course, that version of events must also meet each of the four elements of negligence. To accomplish this, we must present evidence. Evidence takes many forms in a truck accident trial. We may introduce physical evidence, such as reports or medical records. We may also introduce expert testimony, eyewitness testimony, and your perspective on how the accident affected your life.
A cross-examination takes place after a direct examination. It is a powerful tool used to challenge the credibility of a witness. For example, if the defense presents a witness and directly examines him, we may choose to undermine that witness’s credibility. We do this by revealing a bias, inconsistency from deposition testimony, or deliberate falsehoods in their statements. If we can successfully undermine the witness’s credibility, the jury will not believe their testimony, leaving them no other options but the testimony from our witnesses.
Closing arguments provide the last chance for each side to speak to the jury before deliberation in the Maryland truck accident trial process. Primacy and recency are well-studied phenomena. Recency bias refers to the last thing someone hears. The bias holds that one tends to favor recent events over historic ones. Thus, closing arguments are critically important.
As trial lawyers, we take this opportunity to summarize the evidence and tie all the pieces together. Most truck accident cases are relatively short, lasting only about two days. Nonetheless, a lot of information is presented to a jury during this time. It can be immensely beneficial to tie it all together in a way that is compelling and easy to understand.
After the closing arguments of both parties, the juries deliberate. Once they are done deliberating on the questions of fact presented to them, they announce their verdict to the judge. Then, the judge makes a judgment.
The fact that a judgment is appealable is an excellent argument for why settling your case is better than going through the Maryland truck accident trial process. Just getting to trial in Maryland can take about a year. Then, it can still be dragged out for several more months if the appellate court accepts the appeal. Thus, settling is preferable if you want to put the matter behind you simply.
For an appellate court to grant certiorari, there must be an appealable question of law. There generally cannot be an appeal for an issue of fact.
A Maryland truck accident attorney at Gelb & Gelb can provide an in-depth explanation of the Maryland truck accident trial process. Contact our office today if you have any questions about pre-trial steps, the trial itself, or how the process is wrapped up after the trial.
Our lawyers provide free consultations and case evaluations at (202) 331-7227.