Suffering a truck accident is one of the most shocking and dreadful experiences that any individual can encounter.
Accidents often result in medical bills, insurance negotiations, and a lawsuit process that seems impossible to understand.
A truck accident comes with specific regulations and involves large-sized vehicles. According to the NHTSA, around 2,523 people lost their lives in crashes involving large trucks in the first half of 2024.
Truck accident lawsuits' progress help victims prepare and improve the chances of receiving proper and fair compensation for the damage.
Table of Contents
The Various Phases of the Truck Accident Lawsuit
Why Truck Accident Cases Take Longer Than Car Accidents
Key Factors That Affect the Timeline of Settlements
Ensuring Your Rights Are Protected During the Whole Process
The truck accident lawsuits are not like car accident cases. The process may involve numerous parties and more regulations. The weight of a loaded semi-truck is at 80,000 pounds, causing catastrophic injuries and damage to victims.
The point is…
In truck accidents, victims deal with more trucking companies, their insurers, and in some cases more than one defendant. That is why having an experienced truck accident lawyer is crucial to win the case and help understand the process.
FMCSA also has strict federal regulations on the trucking industry and businesses that should be followed. Breaking those rules leads to liability concerns that need a professional legal opinion and assessment.
How long does the truck accident lawsuit process last?
On average, truck accident cases take from 6 months to 2 years to settle, depending on several factors such as:
Injury severity
Liability issues
Jury trials
Insurance company cooperation, and more.
However, there are different phases in the truck accident lawsuits process. Let's take a deeper look at each stage.
The process officially starts right after the accident. There is an evidence collection of the police report, witnesses' statements, and pictures and videos of the damage.
In the case of truck accidents, there is a collection of drivers' logbooks and service hours, vehicle maintenance records, information from black boxes, and drug and alcohol tests.
The initial stage may last a few weeks, though complex cases may require a longer investigation.
No settlement can be agreed before the victim reaches the so-called maximum medical improvement. This is when the victim is in the healthiest condition as possible according to medical standards.
The reason is that…
Accepting a settlement too early may lead to the situation when not all medical expenses were accounted for. If the insurance company is trying to reach an agreement quickly, victims may get less than deserved. Recent statistics show that 82% of truck accident fatalities were occupants of the other vehicles.
Truck accidents come with specific injuries that require documentation, medical evidence, and expert witness testimony.
These injuries include traumatic brain injuries, skull fractures, paralysis, spinal fractures, and internal bleeding, amputation, and total disability. It means that the victim's health condition is far from normal and needs prolonged medical treatment.
A lawsuit can take from several months to years, depending on the injuries' severity and the settlement negotiation. That is why it is essential to wait until the situation with the health condition is completely clear.
The attorney is ready to file a claim and send a demand letter to the insurance company of the trucking company.
In that letter, there will be an accident description, liability for damages, and the amount of compensation the victim is asking for.
The insurance company will review all the evidence and then most likely send a counteroffer to the claim. That is when settlement negotiation will take place.
In many cases, that stage is the longest one because of insurance company conduct and policies.
Insurance companies are designed to protect the insurer, and their lawyers will most likely use a variety of insurance claim delay tactics that seek to put investigations on hold.
Insurance carriers for trucking operations are widely known for their delays in investigations and could even try to look for reasons to pay the minimum amount or not pay at all. Some of the most common insurance claim delay tactics include:
Victim-blaming
Injuries severity dispute
Unnecessary paperwork
Silence on legitimate claims, and others.
An experienced and professional lawyer will counter such tactics by using legal strategies to protect the client. A lawyer will also be able to know when the insurance company is acting in bad faith and needs to be taken to court.
If a settlement is not reached after a series of negotiations, the next step in the truck accident lawsuit process is filing a lawsuit and the discovery stage.
Discovery is the stage when both sides exchange all the evidence related to the case. Discovery has to be completed before proceeding with mediation or arbitration.
The attorney continues negotiations with the insurance company, but if no solution is found, the case goes to trial.
Trial can take several months to a year or more.
As noted above, several factors can influence how long the truck accident process will take and how much the victim will receive as compensation. These elements are as follows.
Severity of Injuries
The more severe injuries are, the more the compensation amount will be, and vice versa. More severe damages need more medical evidence and a bigger treatment plan.
That is why the process will take more time in these cases, but the reward will be more significant.
Liability
If the defendant is obviously guilty, the case will take less time than when the fault is disputed. Insurance companies and judges or jury members in case of trial will most likely solve the case faster if the liability is clear.
The more people are involved, the longer the process will take.
Insurance Company
The behavior and attitude of the insurance company and its insurers will make the process shorter or longer. Some insurance companies are willing to negotiate, while others often employ different insurance claim delay tactics.
The Quality of Evidence
Last but not least, a more amount of evidence means that less time will be needed for the truck accident lawsuits process. If documentation is clear and well-explained, there will be fewer questions. The more unclear evidence is, the more time and money it will take to explain everything.
There is not much a victim of a truck accident can do but wait and follow the instructions of the lawyer. There are some tips that can speed up the process:
First of all, victims have to go to a hospital right after an accident and follow all medical advice. The health condition has to be documented, and records are essential.
Keep documentation of all medical visits, expenses, salary that was lost due to the accident, and other necessary documents. An experienced attorney is in the best position to know how injuries affect people's lives.
It is vital not to talk to the insurance adjusters or investigators. A lot of victims make mistakes by telling insurance companies about their injuries. The more information they have, the more they can use it to fight the victim's claim.
The victims are advised to be patient. Rushing to get paid may end up with lower than the deserved amount. Let the professionals do their work and wait for their suggestion or advice.
In conclusion, truck accidents are a large-sized vehicle accident and as such may have multiple parties and require a special approach.
That is why the truck accident lawsuits process can take longer than car accident lawsuits.
The best advice is to have a working understanding of the process to better prepare for the incoming steps and to rely on a professional attorney.
The essential takeaways of the truck accident lawsuits process article are:
Truck accident lawsuits take 6 months to 2 years;
Settlement amount and the process duration are affected by various elements;
Strong evidence and documentation, legal assistance;
Patience is a crucial attitude for the truck accident lawsuit process.
No one can tell for sure how long the truck accident case will last, but hiring professional services can offer victims the best help in getting compensation.
Supriyo Khan
Supriyo Khan
Supriyo Khan
Supriyo Khan
Want to add a comment?
