Settling A Truck Accident Claim: How Long Can It Take?

Are you a victim of a truck accident? Are you recovering from your damages and looking for resources that will help you recover your losses? How quickly can I get my compensation? Some of these common questions need some clear answers. Before we get things clear for you, let’s dive deep to know more about truck accidents and your possible list of actions to help your case.

Possible Truck Accident Reason

Truck accidents mostly take place because of some reason. They are-

  1. Faulty vehicle.
  2. Speeding.
  3. Driver’s negligence.
  4. No regular maintenance of trucks.
  5. Fail to load freight safely.
  6. Ignoring to keep a safe distance with other vehicles.

Immediate Actions After Truck Accident

Truck accidents are much more severe than car accidents. The chance of heavy injury and fatality is higher in truck accidents. Also, the insurance policy is more expensive in truck accidents. If you were in a truck accident, here are a list of immediate actions you need to take.

  1. First thing, first! Get medical attention as quickly as possible. It is an emergency need.
  2. File a report with the police.
  3. Gather all necessary papers on the accidents. These include any eye witness, camera footage, photos, license plates and driver’s license of both parties etc.

Compensation Is The Goal

As truck accidents are severe and trucks have a higher insurance policy, the compensation is also typically high. Most insurance companies are always trying to reduce compensation and will try to settle at the lowest payout as fast as they can. If you’re looking for a semi truck insurance quote, negotiating alone with the insurance company can often land you with an offer that does not cover all your losses.

Here comes the truck accident lawyer to your rescue. They have had tons of cases like yours. So, they know the compensation policy really well. These attorneys are also masters in dealing. If negotiating outside of court doesn’t get the highest possible compensation, they are not afraid to take the case to court – something the insurance company wants to avoid.

Compensation Determination

It is not easy to determine the compensation amount. You need an expert to measure the details of your loss. Compensation accounts for both financial figures and non-economic factors like trauma or pain. Some of the key items in considering compensations are-

  1. Current medical expenditure.
  2. Future probable medical cost.
  3. Physical pain and trauma.
  4. Lost wages in your job.
  5. Loss of your earning capacity.
  6. Loss of consortium etc.

Severity Of Accidents And Final Outcome

Severe accidents like truck accidents are mostly fatal. Even if you survive, there is a high possibility of getting disabled. The losses are significant from truck accidents. So the compensation needs to be significantly high.

Because of higher compensation, there are fewer chances of an easy settlement. Also, severe injuries need more time to recover. So, a possible settlement could take years longer. But, if you claim it through legal procedures, then the claim advances sooner. A truck accident lawyer could be the best option for this.

Factors That Influences Time Limit Of Truck Accident Claims

A good number of factors have a direct influence on truck accident claims duration. Let’s find out what they are-

1. Complete Investigation

The truck industry and the drivers are regulated through federal law. So, your lawyer has to run a thorough investigation in order to claim liability against them. Also, he needs to retrieve the truck’s black box to provide strong evidence to his claim.

Proper investigation is also important for a good negotiation with insurance companies. Misjudgment in the inspection can surely cut off your reimbursement. Insurance company experts will try to find a loophole to  share blame with the victim and minimize the payout amount. So a thorough investigation and collection of facts and details will be important for your claim.

2. Medical Expenditure

This is another big issue to resolve your case. Truck accident injuries are severe, and there is a high possibility for long term treatment and rehabilitation therapy. Also, some treatments need to monitor the prognosis of the case. This takes more time to resolve truck accident cases.

Even after the treatment, patients need to follow-up with their doctor on a scheduled basis. The pharmaceutical costs can be significant as you may be prescribed several medications. An expert lawyer should account for them all.

Not only medical expenditure but also he needs to consider non-economic damages such as pain and trauma. Gathering all medical reports and documents are of real importance in terms of claiming fair compensation.

3. Insurance Company Policy

Trucking companies have high insurance policies. These policies can have liability coverage of a million dollars or more. Because of big-money deals, companies challenge liabilities and sometimes victims’ extent of the injury.

So, you need an expert to deal with them. Truck accident lawyers go through extensive negotiations with the insurer. In case they deny or go after a lower settlement, an attorney can file a legal case against them. All these factors have an impact on the duration of justice.

4. Who To Blame

Who is responsible for this truck accident. There are multiple parties who share responsibility for a truck crash. They are-

  1. Truck company.
  2. The driver.
  3. The shipper load of transport.
  4. Truck manufacturers.
  5. Truck leasing company.

Identifying the guilty party also consumes a fair amount of time. A lawyer’s firm will do all this research for you to maximize your compensation claim.

5. Court Procedures

Court has specific rules and regulations and a number of procedures to follow. They have hearing and defense options from both parties. Sometimes providing evidence to the court can be more time-consuming.

Any Good Alternative?

You can try ADR as a good alternative to resolve your case. It takes a lot of time, money, and energy to go through a lengthy litigation process. Alternative Dispute resolution dissolves this hassle. It is a good resolution technique without any litigation.

ADR falls in three main categories- mediation, arbitration, and adjudication.

Mediation is a process where a mediator communicates between parties to resolve the dispute.

Arbitration is a more formal way where a third nominated body handles the case.

Adjudication is another formal way where a selected judge from the court tries to resolve the matter within 28 days of the time period.

There is no fixed time limit to resolve a truck accident claim. Things depend on different considerations. So, it is better to be patient and take your lawyer’s advice for the best possible solution.

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