Dealing with the aftermath of a truck accident can be traumatic. If you or a loved one has been involved in one, you already know this. Amid mounting medical bills, you ideally want to know how long it will take to settle the truck accident claim so you can recover your losses and start rebuilding.
A truck accident can settle within a few months to over a year, depending on factors such as the availability of clear evidence, the severity of injuries, and the number of parties involved.
When the injury is catastrophic, and it’s not clear whether fault is from the truck driver, the company, or the maintenance contractor, settlement can take over 2 years. Whereas a minor accident usually settles within six months. Whatever the case, it’s usually helpful to have a skilled and experienced lawyer by your side, as they can help manage some of the bottlenecks.
Factors affecting settlement timelines
Below are key factors that impact the process:
Number of parties involved
In some truck accidents, the defendant is not limited to the trucking company. It’s possible that the third-party maintenance contractor did a poor job, and that’s why the truck lost control and hit your car. Or perhaps the cargo wasn’t properly loaded by the distributor. It could also easily be that the truck driver was reckless. Worst case, the driver can accuse you of overspeeding.
The problem is, when several parties are involved, anyone can shift blame, even when they all partly contributed in some way. No one wants to take a punishment greater than their error, so there tends to be a lot of back and forth, making the settlement process lengthier.
Injury severity
The more severe the injuries, the higher the truck accident settlement amount will likely be.
Your compensation should cover:
- Medical bills
- Car repair or replacement
- Lost earnings while out of work
- Long-term care
- Pain and suffering
This can amount to huge sums. The problem here is, when there is a substantial amount of money on the line, the defendant works twice as hard to push back and deny your claim.
But this is not always a challenge when evidence is clear-cut. The defendant will have little ground to push back.
In many cases we’ve seen, the trucking company’s insurer moves quickly to pay the maximum amount that the insurance policy covers. In such cases, your lawyer will let you know if that amount sufficiently covers your damages and what steps to take if it doesn’t.
Availability of evidence
Truck accident cases differ from passenger car crashes in the nature of evidence required. In commercial trucks, there’s usually a black box containing valuable data on speed, use of brakes, and the trucks position right before the crash. The driver also has a logbook containing their work hours, miles covered, and truck inspections. These pieces of evidence are valuable to your truck accident case if, for instance, they prove the driver worked too many hours, leading to fatigue.
The law requires the trucking company to keep most driver records for up to six months. After that, they are no longer obligated to retain it. Meaning if you do not get a lawyer to begin investigation early, valuable evidence may be lost. This can impact the length of your case.
Eyewitness testimony can also help establish liability. But if your car collided with a truck in an isolated area, things can get more complicated.
Willingness to negotiate
When the insurance company isn’t willing to reach a mutually favorable agreement with the victim, settlement can drag on for years. Insurance companies often use delay tactics to wear down the victim to the point they’re ready to accept anything.
Things become even more layered when other involved parties, such as the operator, maintenance contractor, and insurance company, are shifting liability.
Although most truck accident cases settle outside of court, your truck accident lawyer must be ready to take the matter to trial if necessary. Trial lengthens the settlement process even more. But knowing your lawyer is aggressive enough to sue can compel liable parties to act more reasonably.
Next steps
Settling truck accidents can take a year or more, but the longer duration isn’t always a bad thing. It’s your attorney’s job to make sure you get the maximum compensation needed to help you get through the devastating injuries inflicted on you. And they’ll accept nothing until that aim is achieved, even if that takes a year or more.
If you haven’t already hired a truck accident lawyer in San Luis Obispo, protect your best interests by doing so quickly so they can begin building your case. You won’t have to pay until you win.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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