How long does a truck accident lawsuit take? When there is clear liability and moderate injuries in car accidents, it usually takes 6 to 9 months to settle. However, the time can vary depending on the type of injuries, the involvement of commercial vehicles and their insurance companies, and the scale of the accident.
Truck accident claims that involve complex injuries, commercial defendants, or multi-vehicle accidents typically take longer to settle. For assistance in estimating the value of your claim, understanding legal considerations, and maximizing your settlement amount, contact Ankin Law at (312) 600-0000.
Truck Accident Settlement Timeline
A settlement is an agreement where the at-fault party or their insurance company pays the other party to avoid going to court. The process of settling typically begins immediately after an accident. Most cases settle to prevent unfavorable rulings and quick payment. In 2021, there were 523,796 large truck accidents in the United States, with 101,000 resulting in injury.
Gather Evidence at the Scene
After a truck accident, your initial actions should include removing the vehicles from the road and contacting 911. You should also gather evidence, but if you are unable to due to severe injuries, seek assistance.
Attempt to collect the following:
- The contact and insurance information of the other driver.
- Contact information for witnesses.
- Photographs of evidence, such as property damage, physical injuries, skid marks, license plates, and weather conditions.
Seek Medical Treatment
Medical records play a vital role as evidence in truck accident cases. It’s crucial to not postpone seeking medical assistance, even if you think you haven’t been injured. An unjustified delay can be used against you by the defendant later. Certain injuries may take time to show symptoms, so it’s advisable to promptly seek medical attention if your body experienced any impact in the accident.
Reach MMI
“MMI” stands for “maximum medical improvement,” which signifies that your doctor does not anticipate further improvement in your medical condition. It can be challenging to estimate your total medical expenses before reaching MMI. Once you reach MMI, your attorney can assess the complete extent of your losses. Treatment duration can vary from a few weeks to a year, or even longer.
Gather Additional Evidence
Your attorney can help you collect evidence for your claim. This may include a copy of the police report, medical bills, salary details from your employer for lost earnings calculation, cell phone records if the other driver was suspected of texting while driving, and CCTV footage from nearby businesses. Keep your medical records, relevant correspondence, and a personal journal documenting how your injuries have impacted your daily life.
You might also require an expert witness. For instance, car accident plaintiffs often engage accident reconstruction specialists to recreate the accident and establish fault.
File an Insurance Claim
According to FMCSA regulations, trucking companies must have bodily injury coverage ranging from $300,000 to $5 million, depending on the weight of the truck and its cargo. In most situations, the trucking company is liable for the actions of its drivers. Therefore, after a truck accident, you will likely seek truck accident compensation from the at-fault party’s insurance company.
When filing a truck accident claim with the truck driver’s insurance provider, you can request the necessary paperwork from the insurance provider. The insurance company will then investigate the accident to determine liability and assess damages, which can take anywhere from one to eight weeks. If your attorney has not already conducted his or her investigation, he or she may do so simultaneously. The investigation process of a truck accident claim can take anywhere from one to eight weeks.
Demand Letter
After gathering evidence and conducting an investigation, your attorney will draft a demand letter to the truck driver and the insurer. This letter includes evidence that will be crucial in substantiating your claim in the demand letter, which contains:
- Important details related to the claim.
- The severity of your injuries and the extent of damages.
- A statement of fault.
- The amount of compensation you are seeking.
- Non-monetary compensation you are seeking, such as repairs.
- A notice of intent to initiate legal action if compensation is not received within a specified timeframe.
Your attorney typically needs 2 to 6 months to collect all the evidence and prepare the demand letter.
Response and Negotiation
Once you submit your documentation and bills, the insurance company will review your request and respond within 4 to 6 weeks. They may take one of four actions. The company could accept your demand and settle the matter by paying the compensation you requested. Alternatively, they might make a counteroffer to which you can agree and receive the insurance payout. They also may refuse the claim entirely or not respond at all.
After this stage, the situation can unfold in three ways. If you accept the initial offer or counteroffer, the matter is resolved, and no lawsuit is required. If the insurance company accepts the claim, but the amount is not agreed upon, negotiations can begin to settle. You can initiate the court process if an agreement cannot be reached or the claim is denied. This response and negotiation process can last 30 to 60 days or longer.
Settlement Agreement
If the parties reach an agreement, the case will be resolved. Attorneys will prepare legal documents and releases outlining the settlement terms. The funds can be distributed after the documents are appropriately witnessed and signed, and the legal action ends.
Disbursement
After the insurance company sends compensation, your attorney will receive the payment. Your truck accident lawyer will deduct your legal fees and case expenses from the settlement amount. If you have a medical lien, it will be paid off by the settlement as well. Any remaining amount will then be forwarded to you.
Factors That Impact Your Timeline
The duration it takes to settle a truck collision case can vary based on several factors. These factors include:
You Suffered Severe Injuries
Truck accidents often result in more serious injuries than car crashes. Severe injuries, like spinal cord damage or traumatic brain injuries, require lengthy recovery periods and costly medical treatments. Victims may need ongoing care or rehabilitation for months or even years.
Any settlement offer should be substantial enough to cover all the additional expenses associated with severe injuries. This is not solely about immediate medical bills; it’s about ensuring that you have the resources to handle any future costs related to your injury, whether that involves ongoing treatment, physical therapy, or long-term care.
Insurance companies know that severe injury cases entail larger settlement amounts and are more inclined to dispute these claims. They might seek to minimize the amount they pay by disputing the severity of your injuries or the long-term costs.
Liability Isn’t Clear
Truck accidents can involve multiple liable parties. In addition to the truck driver, other parties involved could include the trucking company, a maintenance provider, or the truck manufacturer of the truck or its components.
For instance, if the truck driver was speeding or driving while distracted, they could be at fault. However, if the trucking company imposed unrealistic deadlines that led to unsafe driving, you can sue the trucking company for negligence. If a mechanical issue, such as faulty brakes, contributed to the collision, the manufacturer or a maintenance company may share the blame.
Attempts to shift blame may complicate the settlement process in cases involving multiple parties. Lawyers establish truck accident liability in these cases by conducting a comprehensive investigation and reviewing driving records, maintenance logs, and other crucial evidence to determine responsibility and the degree of fault for each party if multiple parties are liable.
Negotiating for a Higher Settlement Amount
Seeking a higher settlement following a truck accident can be a lengthy process. However, you need to receive adequate compensation to cover both current and future expenses. You and your attorney should carefully assess long-term costs such as ongoing medical care, lost income, and future needs. Rushing this process could result in insufficient funds to cover these expenses later.
Insurance companies are inclined to challenge larger settlement amounts to avoid higher payouts, which can further delay the process.
How Your Truck Accident Lawyer Can Help You Navigate the Lawsuit Process
It is essential to enlist the services of a truck accident attorney to navigate your truck accident settlement. An attorney can help you understand truck accident laws and can handle the legal process, ensuring all required documentation is accurately and promptly submitted. They can expedite the investigative phase by efficiently gathering evidence, interviewing witnesses, and evaluating damages.
An attorney will advocate for the optimal settlement throughout negotiations, leveraging their experience to counter insurance company strategies to reduce payouts. Furthermore, if the case goes to trial, having a competent attorney is crucial for presenting a compelling case in court. Contact us at Ankin Law after your truck accident for assistance in seeking compensation.