
The Short Answer…
A car accident claim may go to court if there is a dispute over who was at fault, if the insurance company refuses to offer fair compensation, or if the injuries are severe and involve long-term care or high medical costs. Most car accident claims settle without ever stepping inside a courtroom. But sometimes, certain factors can complicate negotiations and make it necessary for a judge or jury to decide the outcome.
At Braker White, we help West Texans fight for justice when insurance companies won’t play fair. If your case is heading toward trial, don’t worry—you’re not alone, and you have options. Read on to learn why a car accident claim goes to court, what to expect from the trial process, and how an attorney can help protect your rights.
Key Takeaways
- There are several reasons a case may proceed to trial. These include disputed liability, severe injuries, insurance bad faith, uninsured drivers, and complex or multi-party claims.
- The trial process involves multiple steps. From filing a lawsuit and exchanging evidence to presenting your case in court and receiving a verdict, car accident litigation is a structured process your attorney will guide you through.
- Most cases still settle out of court. Even if a lawsuit is filed, many car accident claims reach a settlement before trial, especially with experienced legal representation pushing for fair compensation.
- Preparation and legal support are key. Working with a skilled trial lawyer can help you understand the process, feel confident in court, and improve your chances of a successful outcome.
Table of Contents
- When Does a Car Accident Case Go to Court?
- How Often Do Car Accident Cases Go to Court?
- What Happens When a Car Accident Claim Goes to Court?
- What to Expect During a Car Accident Trial
- How to Prepare for Court After a Car Accident
- Your Legal Advantage in Court: Why Texans Trust Braker White
- Get a Free Case Review From Trusted Trial Lawyers in West Texas
When Does a Car Accident Case Go to Court?
While most car accident claims settle outside of court, certain situations make litigation more likely. Below are the most common reasons why a claim may proceed to trial:
Disputed Liability
If the drivers involved deny fault or blame each other, your case may need to go before a judge or jury. This is common in side-impact collisions, multi-vehicle crashes, or cases without clear evidence. When there’s no agreement on who caused the accident, a trial may be the only way to resolve the dispute.
Inadequate Settlement Offers
Insurance companies are businesses, and they will likely try to minimize your payout. If the insurer offers a settlement that doesn’t come close to covering your medical bills, lost income, or other damages, your lawyer may recommend taking the case to court. A trial can help ensure you receive the full value of your claim.
Severe or Catastrophic Injuries
Serious injuries—such as traumatic brain injuries, spinal cord damage, or permanent disabilities—often lead to higher compensation. These high-stakes claims can trigger litigation because insurance companies are more likely to dispute the amount owed. A court case may be necessary to fight for long-term care costs, rehabilitation, and lost earning capacity.
Insurance Bad Faith
Sometimes, insurers act unfairly by denying valid claims, delaying payment, or refusing to investigate properly. These “bad faith” actions violate Texas insurance law. When this happens, your attorney may advise filing a lawsuit not only for your damages but also for additional penalties allowed under state law.
Uninsured or Underinsured Drivers
If the at-fault driver doesn’t have insurance or doesn’t have enough to cover your losses, you may need to file a lawsuit directly against them. These cases can be more complex, especially if multiple parties are involved or there are questions about available coverage.
Multiple Defendants
When more than one person or company may be legally responsible for your injuries—such as in a multi-car pileup or a crash involving a commercial vehicle and a negligent third-party contractor—the case can quickly become complicated. Disputes between defendants over who should pay often lead to litigation.
Complex Cases
Claims involving multiple injuries, extensive medical treatment, lost wages, and future earning capacity tend to be more complex. If your damages are high and require expert testimony or long-term projections, the insurance company may fight harder, making court proceedings more likely.
How Often Do Car Accident Cases Go to Court?
Most car accident claims are resolved through settlement negotiations without ever going to trial. Even if a lawsuit is filed, many cases still settle before reaching the trial phase. Sometimes just the threat of going to court often leads insurers to offer more reasonable settlements. At Braker White, we prepare every case like it’s going to court to give you maximum leverage from the start. This proactive approach strengthens your position during negotiations and ensures you’re ready for trial if needed.
What Happens When a Car Accident Claim Goes to Court?
When a car accident claim proceeds to court, it becomes a formal legal process involving multiple stages. Here’s what you can generally expect during the car accident litigation process:
1. Filing a Lawsuit
The process begins when your attorney files a complaint with the court. This legal document outlines the facts of the accident, the injuries you suffered, and the compensation you’re seeking. The other party (usually the at-fault driver or their insurance company) will be served with the complaint and must respond.
2. Discovery Phase
Next, both sides enter a period called discovery. During this phase, attorneys exchange evidence and gather information. This may include depositions, interrogatories (written questions), accident scene investigations, medical records, expert witness reports, and more.
3. Pre-Trial Proceedings
Before trial, the court may hold one or more pre-trial conferences to set timelines, resolve procedural issues, and encourage settlement discussions. Mediation or arbitration may also take place during this stage. These are formal attempts to reach a resolution with the help of a neutral third party.
4. Trial
If no settlement is reached, the case goes to trial. Both parties present their evidence, call witnesses, and make arguments before a judge or jury. Your attorney will work to prove liability, establish damages, and counter any defenses presented by the other side.
5. Post-Trial Options
Once a verdict is reached, the judge or jury will issue a decision regarding fault and compensation. Either party may choose to file an appeal if they believe legal errors affected the outcome. If you win, you may be awarded compensation for medical bills, lost wages, pain and suffering, and other losses.
What to Expect During a Car Accident Trial
Going to court for a car accident claim doesn’t need to be intimidating, especially when you understand the process and have an experienced legal team on your side. Here’s a step-by-step overview of what typically happens during a car accident trial:
- Jury Selection: In most Texas civil trials, a jury is selected to listen to the evidence and decide the outcome. Both your attorney and the defense attorney will ask potential jurors questions to help ensure a fair and impartial panel.
- Opening Statements: Once the jury is seated, each side presents a preview of the facts and arguments they intend to prove. Your lawyer will outline your version of what happened, the injuries you sustained, and why you’re entitled to compensation. The defense will present their narrative in response.
- Presentation of Evidence: Your attorney will introduce evidence such as photographs of the accident, video footage, expert witness testimony, and your medical records. The goal is to clearly show the extent of your injuries, the other driver’s fault, and the impact the accident has had on your life.
- Cross-Examination: After a witness testifies, the opposing side has the right to ask follow-up questions. Both sides may call witnesses, and each will have the opportunity to cross-examine.
- Closing Arguments: Once all evidence has been presented, both attorneys deliver closing arguments. This is their final chance to persuade the jury by summarizing the case, highlighting key evidence, and reinforcing why the verdict should favor their client.
- The Verdict: After deliberating, the jury (or the judge in a bench trial) reaches a decision. They will determine whether the defendant is legally responsible and, if so, how much compensation you should receive. The verdict is typically the final step, although either side may pursue an appeal in certain circumstances.
A car accident trial can feel overwhelming, but when you know what to expect, it becomes much easier to navigate. Our car accident attorneys prepare every case thoroughly, so you’re ready if it goes to court and can feel confident every step of the way.
How Long Does a Car Accident Trial Last?
The length of a car accident trial depends on many factors, including how complex the case is, how much evidence needs to be presented, and how crowded the court’s schedule is. While the trial itself may be a few days to over a week, the full legal process from filing a lawsuit to receiving a verdict can take longer. An experienced car accident lawyer can help streamline the process, manage deadlines, and keep your case moving forward.
How to Prepare for Court After a Car Accident
Preparing for court can make a big difference in your confidence and outcome. To help you get ready, make sure to:
- Meet with Your Attorney: Your lawyer will walk you through what to expect, review your testimony, and help you understand the flow of the trial. Don’t be afraid to ask questions.
- Review Your Evidence: Refresh your memory on important details such as the date of the accident, your injuries, and your medical treatments. Being clear and consistent in your responses builds credibility with the jury.
- Dress and Act Professionally: Wear neat, appropriate clothing and be calm, polite, and attentive. Your behavior can influence how you’re perceived by the judge or jury.
- Be Honest and Direct: If you’re asked to testify, answer clearly and truthfully.
Your Legal Advantage in Court: Why Texans Trust Braker White
When your car accident claim is headed to court, you need more than just legal advice—you need experienced trial attorneys who know how to win. At Braker White, we build cases with courtroom success in mind from day one.
Our team is deeply familiar with the Texas court system, insurance company tactics, and what it takes to secure fair outcomes when a settlement isn’t enough. Here’s how we stand out:
- Thorough Case Investigation: We dig deep into the facts, reviewing police reports, crash scene evidence, medical records, and expert analysis, to build the strongest possible case for trial.
- Aggressive Insurance Negotiation: We don’t back down from tough negotiations. We know when to push for more and when to walk into court ready to fight for what you may truly be owed.
- Trial Preparation & Courtroom Representation: From jury selection to closing arguments, we handle every phase of litigation with precision, poise, and a strategy tailored to your case and your goals.
- Maximizing Compensation for Serious Injuries: We pursue every dollar available to you, including long-term care costs, lost earning capacity, pain and suffering, and more.
- Clear Communication Every Step of the Way: You’ll never feel left in the dark. We keep you informed, prepared, and confident as your case progresses through the court system.
Whether you’re preparing for a possible trial or already have a court date, the right legal team can make all the difference. If your car accident case is going to court, let Braker White stand by your side and fight for you.
Get a Free Case Review From Trusted Trial Lawyers in West Texas
If you’re asking, “Why is my car accident claim going to court?”—you deserve answers from a team that knows how to win in and out of the courtroom. At Braker White, we’ve helped injured Texans in Midland, Odessa, and across West Texas take control of their claims and fight back when the insurance companies fall short.
We offer a free case review to help you understand your legal options, what to expect in court, and how to build the strongest possible case from day one. Get in touch with us today to schedule your free consultation.










