Why Do Some Car Accident Cases Go To Trial In California?

Many California car accident cases are either settled out-of-court or within the pre-trial phase. Sometimes, though, a car accident case is settled at trial in front of the court.

Going over why the above is true and speaking with a California automobile accident lawyer at Maire & Deedon- who can assist you – will allow you to obtain the best possible legal outcome in a car accident case.

The Pre-Trial Phase

Right before a case can go to trial, there must be a pre-trial phase.

A pre-trial phase allows both parties involved in a car accident to engage in a discovery process. During this process, key information regarding the parties involved in a car accident case can be exchanged.

The exchange of this key information allows for potential settlements to be developed. Or, if not a settlement, then certain agreements can lead to a settlement or some other conclusion to the case.

If a settlement is reached, then the case is over, and both parties can walk away from the case without the need for the case to go to trial. But, if a settlement cannot be reached, or both parties fundamentally disagree with certain elements of the case, then it is possible for the case to go to trial.

Going To Trial

Within the state of California, there are two different types of trials. And these two types of trials are as follows:

  • A bench trial.
  • A jury trial.

A bench trial is a trial in which there is no jury and, instead, the judge conducts the trial alone. To accomplish this task, the judge decides the facts of the case and then applies the law to those facts.

Just as an example, if a car accident case is especially elaborate and filled with complex legal issues that must be dealt with, then a bench trial may be the best possible choice.

A jury trial is a trial in which there is a jury who makes findings of fact regarding the case and then renders a verdict for the case.

Regarding the above, one example of a jury trial is a car accident case in which there are a number of factual disputes between each party, and a jury is necessary in order to resolve these disputes.

A car accident case, if it goes to trial, will take one of the two forms outlined above. But, the exact results of this trial will depend on the facts of the case.

Setting Up An Appeal

Right after a trial, the party who loses has the ability to appeal the decision weighed against them. But, this is only if at least one of the following grounds is met:

  • The law was applied incorrectly.
  • The judge engaged in misconduct.
  • The jury engaged in misconduct.
  • Key evidence was admitted incorrectly.
  • Key evidence was excluded.
  • New key evidence has been discovered.

If one of the above is present, then an appeal can be set up, and a new trial may be ordered.

Speak With A Northern California Automobile Accident Lawyer

If you were in a car accident, then you must speak with a Northern California automobile accident lawyer at Maire & Deedon today. We will assist you in obtaining justice for the car accident you have suffered from.