Opening statements

The opening statement is each party’s first opportunity to present their side of the story to the jury. In truck accident cases, strong opening statements frame the narrative, highlight key evidence, and set the tone for the trial.

Truck Accident Law Team
August 18, 2025
2 min read

Article 2 of 6 in Trial Process for Truck Accident Cases/

Opening Statements in Truck Accident Trials

Purpose

Provide jurors with a roadmap of what the evidence will show.
Establish credibility with the jury early.
Present the case theory in a clear, persuasive way without arguing.

Plaintiff’s Opening Statement

Usually delivered first.
Outlines how the truck accident occurred, who is responsible, and the injuries suffered by the victim.
Highlights anticipated evidence: police reports, ELD data, expert testimony, and medical records.
Emphasizes damages, including both economic and non-economic losses.

Defense’s Opening Statement

Offers an alternative explanation or attempts to create doubt.
May argue the truck driver wasn’t negligent, or that other factors (weather, other drivers, mechanical issues) contributed to the accident.
Prepares the jury to question the plaintiff’s evidence and credibility.

Rules and Limitations

Attorneys may not argue or present personal opinions during opening statements.
They must stick to what the evidence will reasonably prove.
Overstating or promising evidence that does not materialize can harm credibility.

Strategic Importance

Jurors often form early impressions of the case.
A compelling opening statement can prime jurors to interpret evidence in a favorable light.
Both sides aim to simplify complex trucking regulations and technical evidence for the jury.

Example in a Truck Accident Case

Plaintiff: “The evidence will show that the trucking company forced its driver to exceed federal hours-of-service limits, leading to fatigue that caused the crash.”
Defense: “The evidence will show this accident was unavoidable due to sudden weather conditions, and the driver acted reasonably under the circumstances.”

Summary: Opening statements are critical in truck accident trials, providing jurors with a clear preview of each side’s case. They set the stage for the evidence and arguments that follow, making them one of the most influential parts of the trial process.

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