What Determines if My Car Accident Case Goes to Trial?
Posted on July 30, 2025 Written By: Lance Kirk
Many Factors Determine If A Case Should Go To Trial
If you’ve been injured in a car accident, one of the most pressing questions you might have is whether your case will go to trial. In most car accident cases, claims are resolved through insurance settlements without the need for court intervention. However, several key factors determine if a car accident case goes to court in California. These include disputes over who was at fault, disagreements regarding the severity of injuries, and conflicts about the amount of compensation owed for damages, including pain and suffering, lost wages, and medical expenses.
Is Liability Unclear or Contested?
A car accident case is more likely to go to court when liability is unclear or contested. If the parties involved cannot agree on who caused the accident, or if multiple drivers are pointing fingers, the case may need to be resolved in court. Additionally, if the insurance company denies your claim or offers a settlement that doesn’t fully cover your losses, your attorney may recommend pursuing a personal injury lawsuit. In such situations, having an experienced car accident lawyer can be crucial for presenting evidence, negotiating with insurers, and advocating for your rights in front of a judge or jury.
Can A Settlement Be Reached?
Ultimately, whether your car accident claim ends in a settlement or trial depends on the specifics of your case and your legal strategy. Most personal injury attorneys will work hard to settle the case efficiently, but they also prepare to go to court if necessary to secure fair compensation. Understanding the factors that influence a jury can help accident victims in California make informed decisions and improve their chances of achieving a favorable outcome. If you’re uncertain about your case, consulting a qualified personal injury attorney is a smart step toward protecting your legal rights.
Common Reasons a Car Accident Case Goes to Trial
- Disputed Liability
- If the parties can’t agree on who caused the accident, a trial may be necessary to resolve fault.
- Example: Both drivers claim the other ran a red light.
- Disagreement Over Damages
- Even if fault is clear, the parties might disagree on the value of the claim—especially for pain and suffering, lost wages, or future medical costs.
- Example: The insurer offers $20,000, but the injured party seeks $100,000.
- Failed Settlement Negotiations
- If negotiations stall or the insurance company refuses to make a fair offer, the plaintiff may choose to file a lawsuit and proceed to court.
- Complex Legal Issues
- Some cases involve intricate legal questions—like multiple defendants, third-party liability, or disputed medical causation—that require judicial resolution.
- Strategic Decisions
- Sometimes, attorneys recommend trial to seek a better outcome or to set legal precedent, especially in high-stakes or unusual cases.
What Happens Before Trial?
- Filing a Lawsuit
- The plaintiff files a complaint, and the defendant responds.
- Discovery Phase
- Both sides exchange evidence, take depositions, and build their case.
- Pre-Trial Motions
- Either party may ask the judge to dismiss the case or rule on key issues before trial.
- Settlement Attempts
- Mediation or arbitration may be used to avoid trial. If unsuccessful, the case proceeds.
How Often Do Car Accident Cases Go to Trial?
- According to the Bureau of Justice Statistics, only about 4% of personal injury lawsuits reach trial.
- Of those, nearly 60% are automobile-related cases.
Bench Trial vs. Jury Trial
- Bench Trial: A judge decides the outcome.
- Jury Trial: A jury determines fault and damages.
- Your attorney may recommend one over the other based on strategy and local court norms.
Hire an Accident Attorney Near You In California
If you or a loved one has been injured in an auto collision, the AA Accident Attorney strongly encourages you to call our California car accident lawyers. Your experienced Car Accident Lawyer will provide you with the best legal representation and guidance that you need. Our offices are conveniently located throughout California and we conduct regular travels in the region to meet with clients. Contact Car Accident Lawyer today.
Lance Kirk has been working as a Attorney at AA Accident Attorneys for 11 years. AA Accident Attorneys is part of the Law Firms & Legal Services industry, and located in California, United States.
I represent Plaintiffs for various injuries and various forms of injustice, such as sexual harassment. I have a natural competitive spirit and sense of courtesy and respect for my clients. My goal as an attorney is to make sure every client walks away with a sense of closure and satisfaction in a time when the judicial system has been questioned and is suffering from a lack of financial support. I enjoy fighting insurance companies who refuse to pay fair value for damages that changes peoples’ lives forever.
