After a devastating truck collision, you want to settle your injury claim as quickly as possible to move on and pay mounting medical bills. However, legal claims involving commercial truck crashes often involve greater complexity compared to regular car accident cases. Major factors like catastrophic injuries, multiple corporate defendants, intricacies in proving liability, lack of adequate insurance, and intensely reluctant insurers all tend to dramatically lengthen the claim process. Here is what controls truck accident claim timelines and why they commonly take well over a year to resolve.
Seek Immediate Medical Care
As with any accident, it’s important to seek prompt diagnosis and treatment for truck crash injuries. ER, urgent care, doctor and specialist visits generate documentation to support your claim. Follow doctors’ ongoing treatment instructions closely. Keep all medical paperwork and bills.
Report the Truck Crash
Contact the police immediately following the accident so an official detailed police report can be created documenting the collision scene, all vehicles involved, other parties present, eyewitness accounts, and the investigating officers’ assessment of the sequence of events and probable cause. Take extensive photographs documenting vehicle damage, skid marks on the pavement, hazards in the roadway, injuries sustained, etc. while still at the scene. Provide an accurate recorded statement to police and insurance representatives. Exchanging insurance and contact information with all other involved parties is also critical.
Consult a Truck Accident Attorney
Contact experienced truck accident attorneys in California immediately after seeking medical treatment. An accomplished attorney well-versed in federal regulations will be able to guide you through the intricacies of the insurance claims process, thoroughly investigate liability across potentially multiple corporate entities, communicate with insurers on your behalf, help identify all possibly negligent parties in the trucking company or contractors, and most importantly, fully investigate the accident circumstances to build a strong injury claim proving legal fault and pursuing maximum financial compensation. Early attorney involvement pays dividends in truck accident cases.
Gather Evidence
Your attorney will gather police reports, medical records, scene photos/video, commercial driver and logbook records, vehicle inspections, eyewitness accounts and other evidence to prove damages and trucker negligence. This comprehensive process takes significant time upfront. But being able to present ironclad evidence of negligence and damages caused is absolutely crucial for later being able to demand fair out-of-court settlement offers from the trucking company’s insurer. Rushing through gathering evidence almost always harms eventual claim value.
Making an Initial Demand
Once your truck accident attorney has gathered extensive evidence and medical documentation indicating damages and confirming liability through trucker negligence or company safety failures, they will prepare a comprehensive written initial settlement demand letter. This demand package is sent to the commercial truck insurance company presenting the factual basis of your personal injury and wrongful death claim along with a specific dollar amount demanded for full and fair compensation.
The trucking company’s insurer will typically take 2-4 weeks to thoroughly analyze the demand package including supporting evidence before responding with their initial formal counteroffer. This starts the active negotiation phase as both legal teams assess their relative positions.
Entering Settlement Negotiations
After the initial demand and response, negotiations begin in earnest between attorneys. Your lawyer counters offers with evidence seeking fair compensation. Simple claims may resolve in months. Disputed or complex cases take much longer. If you reach an agreeable amount based on losses and future needs, settling ends the pre-litigation process. If gaps remain, your attorney can file a lawsuit on your behalf.
Filing a Truck Injury Lawsuit
Few truck accident suits settle pre-litigation because of the major losses requiring legal skill proving liability across corporate defendants. Lawsuits must be filed when the insurer’s offers do not adequately cover damages. Litigation timelines depend on local courts. The process includes evidence discovery, depositions, motions, court events, and often settlement talks before trial. Most cases resolve before an actual trial. But litigation adds significant time either way.
How Long Does a Truck Accident Case Take to Settle?
Each catastrophic truck injury claim follows its own timeline based on the unique circumstances, but disputed liability and serious injury cases on average take 12-24 months or longer to fully resolve either through settlement or trial. Patience and realistic expectations are crucial. Let your truck accident lawyers in Los Angeles continuously drive the case forward while you focus your energy on healing both physically and emotionally from this trauma. Your experienced lawyer knows how to maximize compensation no matter how long the process takes.
Average Truck Accident Claim Timelines
Every truck accident suit has unique factors influencing its duration. But general timeframes set reasonable expectations:
- Clear liability, minor injuries – 3 to 9 months
- Major injuries, disputed liability – 12 to 18 months
- Multiple corporate defendants – 18+ months
- Litigation – 24+ months through trial typically
Straightforward truck crash claims can resolve faster than car accidents due to major insurers and damages requiring legal skill. Severe injury cases take well over a year and commonly continue for multiple years before resolution.
Factors Impacting Truck Claim Settlement Duration
Duration depends on many factors:
- Injury severity and treatment timelines
- Single vs. multiple defendants
- Clarity of liability based on evidence
- Cooperation of the truck insurer
- Willingness to settle without litigation
- Complications like manufacturer defects
- Locale’s court congestion if a lawsuit is filed
- How long trials run if settlement talks fail
Even with inevitable delays, your attorney constantly works to speed resolution and maximize your recovery. Let them handle legal complexities while you focus on healing.
Getting Legal Help with Your Truck Accident Case
For dedicated guidance in settling your truck crash injury claim, choose the accomplished truck accident attorneys at Karns & Karns Truck Accident Attorneys. Our extensive experience ensures we know how to efficiently prove liability against even the largest trucking companies and secure fair compensation through settlement negotiations or litigation. We will protect your rights while you recover. Call today for a free consultation to discuss your claim’s value and how long settlements typically take in your area and circumstances. There’s no time to lose.
