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Home » What Happens at a Car Accident Trial From Voir Dire to Verdict?

What Happens at a Car Accident Trial From Voir Dire to Verdict?

When settlement proves impossible, car accident cases proceed to trial. The trial process follows a structured sequence from jury selection through verdict. Understanding this process helps parties prepare for their day in court.

Pre-Trial Conference

Before trial begins:

Final Pre-Trial Order

The court issues orders governing trial procedures.

Exhibit Lists

Parties finalize lists of exhibits they will use.

Witness Lists

Parties identify witnesses who will testify.

Motions in Limine

Pre-trial rulings on evidence admissibility.

Trial Schedule

Establishing how long trial will take and daily schedules.

Jury Selection (Voir Dire)

Selecting the jury:

Jury Pool

Potential jurors are summoned from the community.

Questioning

Attorneys and sometimes the judge question potential jurors.

Challenges for Cause

Removing jurors who cannot be fair.

Peremptory Challenges

Limited challenges requiring no stated reason.

Jury Composition

Typically 6-12 jurors plus alternates.

Strategic Selection

Each side seeks jurors likely to be sympathetic.

Opening Statements

Each side previews their case:

Plaintiff First

Plaintiff’s attorney outlines what the evidence will show.

Defense Response

Defense may give opening immediately or reserve until later.

Roadmap Function

Openings help jurors understand what to expect.

No Argument

Openings present facts, not argument.

First Impressions

Strong openings establish case themes.

Plaintiff’s Case-in-Chief

Plaintiff presents evidence first:

Witness Testimony

Direct examination of plaintiff’s witnesses.

Cross-Examination

Defense questions each witness.

Redirect

Plaintiff may ask follow-up questions.

Document Introduction

Exhibits are admitted and shown to jury.

Expert Testimony

Experts present technical opinions.

Building the Case

Evidence should prove each element of the claims.

Motion for Directed Verdict

After plaintiff rests:

Defense Motion

Defense may argue plaintiff failed to meet burden.

Rarely Granted

Courts typically let cases go to jury unless evidence is clearly insufficient.

Preserved Issue

The motion preserves issues for appeal.

Defendant’s Case

Defense presents its evidence:

Defense Witnesses

Testimony supporting defense positions.

Cross-Examination

Plaintiff questions defense witnesses.

Alternative Theories

Defense may present alternative explanations.

Affirmative Defense Evidence

Evidence supporting comparative fault or other defenses.

Rebuttal

Plaintiff may respond to defense case:

Limited Scope

Rebuttal addresses only matters raised by defense.

New Evidence

Cannot introduce entirely new claims or theories.

Surrebuttal

Defense may briefly respond to rebuttal.

Closing Arguments

Final arguments to the jury:

Plaintiff Argues First

Summarizing evidence and urging verdict.

Defense Response

Presenting defense perspective on evidence.

Plaintiff Rebuttal

Final word addressing defense arguments.

Persuasion Opportunity

Attorneys argue inferences from evidence.

Damage Requests

Plaintiff requests specific dollar amounts.

Jury Instructions

Judge instructs jury on the law:

Legal Standards

Explaining negligence, causation, and damages.

Burden of Proof

Describing preponderance standard.

Specific Issues

Instructions on comparative fault, credibility, etc.

Written Instructions

Jurors typically receive written copies.

Pre-Instruction

Some courts instruct before closing arguments.

Jury Deliberations

Jurors consider the case:

Private Discussion

Only jurors participate in deliberations.

Review Evidence

Jurors may review exhibits and testimony.

Questions

Jurors may send questions to the judge.

Verdict Form

Jurors complete forms answering specific questions.

Unanimity Requirements

Some courts require unanimous verdicts.

The Verdict

Jury announces decision:

Liability Finding

Whether defendant is liable.

Comparative Fault

Allocation of fault among parties.

Damages

Dollar amounts for each category.

Reading in Court

Verdict is read in open court.

Polling

Parties may request individual juror confirmation.

Post-Trial Motions

After verdict, additional proceedings may occur:

Motion for Judgment Notwithstanding Verdict

Arguing verdict was against the weight of evidence.

Motion for New Trial

Requesting new trial based on errors.

Remittitur/Additur

Motions to reduce or increase damages.

Post-Trial Briefing

Written arguments on post-trial motions.

Entry of Judgment

The court enters formal judgment:

Calculation

Applying comparative fault and other adjustments.

Interest

Prejudgment and post-judgment interest.

Costs

Taxable costs to the prevailing party.

Formal Order

Written judgment document.

Practical Guidance

Prepare thoroughly for every aspect of trial.

Know your strongest evidence and present it effectively.

Anticipate opposing evidence and prepare responses.

Present credible, sympathetic witnesses.

Use exhibits effectively to illustrate key points.

Request jury instructions that support your theory.

Deliver compelling opening and closing arguments.

Trial is the culmination of the litigation process. Thorough preparation and effective presentation determine outcomes when cases cannot be resolved through negotiation.


Sources:

  • Trial procedures: Federal Rules of Civil Procedure and state equivalents
  • Jury trial rights: Seventh Amendment and state constitutional provisions
  • Jury instruction standards: Pattern jury instructions