If you have been in a truck accident, you are probably wondering what happens next?
Truck accident lawsuits are one of the most complex types of legal action you can be involved in. With so many parties, piles of evidence, and insurance companies trying to pay you as little as possible, these cases are no joke.
However, the good news is that you don’t need to know everything about the process in order to get through it.
That’s where this guide comes in.
Here is the truth about what you should expect from your truck accident lawsuit.
In this article, we will cover:
- How Truck Accident Lawsuits Work
- The Key Phases of Your Case
- What Makes These Cases Different
- How Long Settlement Actually Takes
How Truck Accident Lawsuits Work
A truck accident lawsuit is a legal proceeding by which people who were hurt in a crash involving a large commercial truck can seek financial compensation from those who were responsible.
These liable parties could be the truck driver, the trucking company that they work for, the business that loaded cargo onto the
Partnering with an experienced law firm will go a long way to making this complicated process go a lot easier.
When you have a skilled truck accident lawyer like the ones at The Collins Law Firm, you don’t have to worry about the details. Your attorney will take care of everything so you can focus on what’s important: recovering from your injuries.
However, there are a few things that make a truck accident lawsuit different from a normal car accident case:
- The number of people that can be held liable. The driver might have been driving while tired, but the trucking company may have pressured them to break hours-of-service rules.
- Commercial trucking companies are regulated by the federal government through FMCSA regulations. Violations of these rules can be used as evidence of negligence in your claim.
- Insurance policies have higher limits for trucks than for passenger vehicles. Settlements in these cases will be larger, but negotiations with insurers can be even more contentious.
The truck accident lawsuit process generally begins with your attorney sending a demand letter to the insurance company. In this letter, they will lay out the facts of the case and the amount of compensation they believe is fair to settle the claim.
Do not expect them to write you a check and be done with it. Insurance companies rarely, if ever, make the first offer. They will almost always counter with an offer that is substantially lower than what you are asking for and negotiations will begin.
The Key Phases of Your Case
Every truck accident lawsuit follows roughly the same pattern. There are several distinct stages that each case goes through.
Knowing what you need to do at each stage of your lawsuit can help prepare you for what’s to come.
Investigation and Evidence Collection
This is the phase in which the foundation of your case is built.
Your attorney will be working to collect all the evidence that they need to win your case. This includes police reports, photos of the accident scene, medical records, and witness statements.
In the case of a truck accident, evidence collection will also include gathering driver logs, vehicle maintenance records, and any data from a truck’s black box if it has one.
Medical Treatment and Documentation
Your health and well-being are the top priority. This stage of the process involves getting the necessary medical treatment for your injuries and properly documenting them all.
As mentioned above, you should not rush this phase of the process.
Settling your case while still having injuries that have not reached maximum medical improvement will almost certainly result in you being stuck paying for ongoing medical expenses related to the accident.
Demand and Negotiation
After all of the evidence has been collected and compiled, your lawyer will submit a formal demand to the insurance company. In this document, they will lay out the injuries suffered and present a proposed settlement.
Negotiations with the insurance company can continue for weeks, months, or even years. Insurance adjusters will attempt every dirty trick in the book to pay you as little as possible.
Most cases end with a settlement without ever having to go to court.
Litigation (If Necessary)
If negotiations break down and the insurance company is unwilling to offer a fair settlement, it may be necessary to file a lawsuit to continue seeking compensation.
This initiates a more formal legal process of litigation that involves the discovery phase, depositions, and possibly even a trial. The vast majority of cases will still settle before they reach trial, but it is important to have an attorney who is ready to take the case all the way to the end if it becomes necessary.
What Makes Truck Accident Cases Different
Truck accident lawsuits are different from your run of the mill car accident case in several important ways.
The first difference is obvious but important to point out. It’s just the massive size of these vehicles compared to passenger cars.
Fully loaded semi-trucks can weigh up to 80,000 pounds on the scale. When they collide with other vehicles on the road, it doesn’t end well for those in smaller vehicles.
In fact, 97% of fatalities in accidents between passenger cars and large trucks are occupants of the smaller vehicle.
The second difference is the number of defendants that may be involved.
Whereas a normal car accident claim generally only has one driver who is at fault, truck accidents involve several people and businesses that may have contributed to the crash and injuries.
The driver may have been fatigued, but their employer may have pressured them to violate hours-of-service laws.
Each of these defendants can be sued for their share of the blame and each of them will have their own insurance companies and legal teams working to shift the liability to the others.
The third key difference between truck accident cases and passenger vehicle claims is that the former are more heavily regulated.
The Federal Motor Carrier Safety Administration (FMCSA) has a host of rules and regulations that commercial truck drivers must abide by. Failure to follow these rules can be used as evidence of negligence in your case.
How Long Settlement Actually Takes
Last but not least is the burning question that everyone wants to know the answer to.
How long does it take to settle a truck accident claim?
Unfortunately, there is no simple answer to this question.
Cases like this can take anywhere from six months to over a year to settle. The most complex lawsuits can take several years.
Several factors will influence how long your case takes to settle:
- Injury severity – Serious injuries take longer to treat and will prolong the process.
- Liability disputes – Easy liability will speed up settlement. Contested fault can drag things out.
- Litigation requirements – Having to file a lawsuit can add months or years to the timeline.
There is one thing you can do to help speed things up, though:
Hiring an attorney as soon as possible after the accident can make the whole process go more smoothly. Experienced personal injury lawyers know how to apply leverage and avoid delay tactics.
Trying to navigate a truck accident lawsuit on your own will almost always end up taking longer than necessary. Insurance companies know this and can play games with you if they know you don’t have an attorney fighting back against them.
Wrapping It All Up
Truck accident lawsuits are one of the most complicated, drawn-out, and emotionally draining types of personal injury litigation you can be involved in.
That’s why it is so important to understand the process.
So let’s briefly recap:
- Multiple parties can be sued in a truck accident claim
- Investigation and medical documentation are key foundations
- Negotiation is the primary process, but litigation may be necessary
- Settlement timelines can range from months to years
The nature of these accidents means that you need to be prepared to fight for the compensation you deserve. Commercial trucking companies will have teams of lawyers defending them right from the start. You need someone on your side just as aggressive in protecting your interests.
