Jury selection in personal injury cases
The jury plays a central role in truck accident trials, as jurors ultimately decide liability and damages. The process of selecting a fair and impartial jury—called voir dire—is one of the most important steps in preparing for trial.
- Truck Accident Law Team
- 2 min read
Article 1 of 6 in Trial Process for Truck Accident Cases/
Jury Selection in Personal Injury Truck Accident Cases
Purpose of Jury Selection
- Ensure jurors can be fair, impartial, and unbiased.
- Identify individuals with potential prejudices that could affect their judgment.
- Select a panel that will fairly consider evidence and award just damages.
The Voir Dire Process
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Questioning by Judge and Attorneys
- Prospective jurors are asked about their backgrounds, beliefs, and experiences.
- Attorneys look for biases against personal injury lawsuits, trucking companies, or large verdicts.
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Challenges for Cause
- If a juror shows clear bias (e.g., “I don’t believe in awarding pain and suffering damages”), attorneys can ask the judge to excuse them.
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Peremptory Challenges
- Each side may dismiss a limited number of jurors without giving a reason.
- Cannot be used in a discriminatory way (e.g., based on race or gender).
Factors Considered in Truck Accident Cases
- Attitudes toward large corporations: Some jurors may distrust big trucking companies, while others may sympathize with them.
- Views on lawsuits: Jurors who believe most lawsuits are frivolous may be unfavorable to plaintiffs.
- Personal experiences: Jurors with backgrounds in trucking, law enforcement, or insurance may have biases.
Strategies for Attorneys
- Plaintiffs’ attorneys often seek jurors open to awarding significant damages for injury and suffering.
- Defense attorneys often look for jurors skeptical of large verdicts.
- Both sides aim to identify jurors who can be swayed by strong evidence and arguments.
Legal Importance
- Jury selection shapes the foundation of the entire trial.
- An impartial jury ensures due process and fairness.
- A poorly selected jury may be more likely to favor one side regardless of evidence.
Summary: Jury selection in truck accident cases is critical because jurors decide liability and damages. Through voir dire, attorneys and judges work to remove biased individuals and assemble a fair jury capable of delivering justice.