How Long Does it Take to Settle a Semi-Truck Accident?

How Long Does it Take to Settle a Semi-Truck Accident?

Accidents involving commercial semi-trucks are often catastrophic, leading to severe injuries, property damage, and significant medical costs. These types of accidents are more complex than typical car crashes, with multiple factors contributing to the collision and overall settlement process.

If you’ve been involved in a semi-truck accident and filed a claim for compensation, you may wonder how long it takes to reach a settlement. A skilled Florida truck accident attorney can provide personalized guidance to help manage your expectations and better understand what you can expect.
Remember that often, being patient and allowing your truck accident lawyer time to negotiate only benefits you. Rushing the process without an attorney is never wise.

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How Long Does it Take to Settle a Truck Accident Case?

If you’re engaging in the claims process, you’ll likely want to know how long you can expect until you reach a settlement, especially if you’re faced with heavy financial burdens. Because every case is unique, there is no “average” time you can anticipate waiting.

The timeline for settling a semi-truck accident case can vary widely depending on the case’s complexity and the parties’ willingness to settle. On average, reaching a settlement or verdict can take several months to a year and beyond.

Several factors influence the time it takes to settle a truck accident claim, including:

• The severity of your injuries: If you suffered a severe injury, the full extent of your damages may not be clear for some time, as doctors will need to assess your long-term medical needs. You may need to wait until you’re well on your way to recovery to understand the seriousness of your injuries better and whether you’ll need ongoing medical care. 
• Complexity of liability: If multiple parties are involved or liability is disputed, it can take longer to determine who is at fault. Your truck accident attorney may need to investigate the cause of the collision further and determine who is responsible, and the insurance company may push back concerning fault. 
• Negotiation process: Insurance companies often try to settle quickly, but they may initially offer much less than you deserve. It’s important not to rush through the negotiation process; reaching a fair settlement can take time.
• Delay tactics: It is not uncommon for insurance companies to intentionally delay claims. By doing so, they hope claimants will get tired of waiting and accept any offer they’re presented with. Your attorney can try to speed the process along and encourage a faster claims process. 
• Litigation: If a settlement with the insurance company cannot be reached, you may need to engage in litigation. A legal case can be time-consuming, especially for more complex cases.
• Trial: Many truck accident cases settle outside the courtroom, but if your case doesn’t settle, you may need to try the case. Going to trial takes extra time, as it can be a lengthy process requiring much preparation. 

If you’re wondering how long your case may take to resolve, do not hesitate to ask your truck accident attorney. Once your lawyer is familiar with your case, they can give you a better idea of the timeline for your case, helping you feel more confident and at ease.

Common Causes of Truck Accidents

Semi-truck accidents can occur for various reasons, many of which are specific to the unique nature of these large vehicles. Some of the most common causes include:

Driver Fatigue

One of the most significant factors contributing to truck accidents is driver fatigue.

Truck drivers often work long hours and are under pressure to meet tight deadlines. As a result, drowsiness and lack of sleep can impair a driver’s ability to react quickly and make sound decisions.

According to federal regulations, truck drivers are required to take mandatory rest breaks and adhere to maximum driving hours, but unfortunately, these rules are often violated, resulting in accidents.

Distracted Driving

Like any other driver, truck drivers can be distracted by their phones, GPS systems, food, or other activities while on the road. Distractions can lead to devastating accidents, especially when the truck drifts out of its lane or the driver fails to notice important traffic signals or obstacles.

Inadequate Training or Experience

Truck driving requires specialized skills and knowledge. Drivers must be trained to safely operate large, heavy vehicles, and any lack of experience or improper training can lead to serious collisions. In some cases, trucking companies may fail to adequately screen or train their drivers, contributing to the likelihood of accidents.

Improper Loading

Improperly loaded or secured cargo can shift during transportation, making the truck difficult to control. Overloading or unbalanced loads can cause the truck to jackknife or tip over, while loads that fail to follow cargo securement rules can spill onto the road, causing accidents for other drivers.

Mechanical Failures

Semi-trucks are large, complex machines that require regular maintenance and inspections. Mechanical failures, such as brake malfunctions, tire blowouts, or engine issues, can cause accidents. In some cases, trucking companies or maintenance contractors may fail to keep the truck in proper working condition, leading to crashes.

Road Conditions and Weather

Bad weather, such as fog, rain, or snow, can affect a truck driver’s ability to navigate the roads safely. Semi-trucks require more time to stop and are harder to maneuver than passenger vehicles, so weather-related conditions can exacerbate the risk of an accident.

Similarly, poor road conditions, such as potholes, debris, or uneven surfaces, can also make it harder for truck drivers to maintain control of their vehicles, contributing to accidents with surrounding vehicles.

Aggressive Driving and Speeding

Truck drivers can engage in aggressive driving behaviors such as tailgating, speeding, or unsafe lane changes like any other driver. Due to the size and weight of semi-trucks, these behaviors can have disastrous consequences.

Liability for Semi-Truck Accidents

Determining liability in a truck accident is often more complicated than in a typical car accident case. While the truck driver may be primarily at fault, several parties can potentially be liable.

The following are the most common parties that may share responsibility for a truck accident:

The Truck Driver

In many cases, the truck driver is directly responsible for accidents due to reckless or negligent behavior, such as distracted driving, speeding, or failure to follow traffic laws. However, in some situations, the driver’s employer may also bear some responsibility for the accident, even when the driver’s wrongdoing caused the collision.

The Trucking Company

Trucking companies are often responsible for their drivers’ actions, particularly if they fail to screen or train the driver properly.

It can be held liable if the company did not enforce safe driving policies or pressured the driver to violate hours-of-service regulations. Furthermore, the company can be liable for accidents caused by maintenance issues if they failed to maintain the vehicle adequately.

Vehicle Manufacturers

If a mechanical failure caused the crash, the manufacturer of the truck or its parts can be liable. It may include defective tires, brakes, or other components that contributed to the collision.

Cargo Loading Companies

If improper loading or securing of cargo led to the accident, the company responsible for loading the truck can be held accountable. Improperly loaded cargo can cause a truck to lose control, tip over, or spill debris onto the road, leading to severe accidents.

Maintenance Contractors

Trucking companies regularly outsource maintenance to third-party contractors. If the maintenance provider failed to inspect or repair the truck properly, they can be held liable for accidents caused by mechanical failures.

Governmental Entities

If poor road conditions contributed to the accident, government entities responsible for road maintenance can be partially liable. However, pursuing a claim against a government entity can be complicated and subject to strict deadlines and requirements. It is essential to have legal representation if the government is involved in your case.

What Makes Truck Accident Cases So Complex?

Truck accident cases are inherently more complex than regular car accident claims due to several factors, some of the most significant including:

Multiple Parties Involved

As mentioned, truck accident cases often involve more than one potentially liable party, such as the driver, trucking company, maintenance provider, or cargo loader. Identifying the responsible parties and determining liability can require extensive investigation and legal analysis.

Federal Regulations

The trucking industry is governed by a host of regulations, including the Federal Motor Carrier Safety Administration (FMCSA) rules. These regulations cover everything from driver hours to vehicle maintenance to cargo securement. Violations of these regulations can serve as critical evidence in your case, but applying these rules to a claim requires the knowledge of a truck accident attorney.

Severity of Injuries

Truck accidents often result in catastrophic injuries due to the massive size and weight of the vehicles involved. The severity of the injuries can lead to higher medical bills, extended recovery times, and more complicated medical evidence.

Determining the full extent of damages may require expert testimony and careful calculation of future medical costs, lost earnings, and pain and suffering.

Insurance Issues

Semi-truck accidents typically involve multiple insurance policies, including the trucking company’s commercial policy and sometimes additional policies for cargo or maintenance. Dealing with various insurance companies can delay the settlement process as each party tries to minimize its financial exposure.

Evidence Gathering

Evidence plays a critical role in truck accident cases. It includes data from the truck’s event data recorder (if available), GPS tracking data, maintenance records, driver logs, and witness statements. Gathering and preserving this evidence requires a prompt and thorough investigation by experienced attorneys.

When You’re Involved in a Semi-Truck Accident, Do Not Wait to Get Started on Your Case

When you’re hurt in a truck accident and are left to deal with the financial repercussions, it’s understandable to want to settle your claim as quickly as possible. The time to settle semi-truck accident cases varies by case, but having an experienced Florida personal injury attorney on your side can substantially help handle the complexities of your case and expedite the settlement process.

If you’ve been in an accident with a commercial truck, the sooner you begin working on your case, the better. Consult with a skilled truck accident lawyer who can protect your rights and seek the compensation you deserve.