It is not possible to provide an exact prediction of how long a truck accident claim takes to settle. However, truck accident claims can take more time to settle compared to other accidents.
As such, settling the claim may involve many different entities, potentially making the process complicated and lengthier. Other factors play a role in answering, including the investigation, insurance policies, and length of medical treatment.
What Factors Affect the Truck Accident Settlement Period?
Many factors impact how long it takes to settle a truck accident claim. Comprehending these factors will help give you a general sense of the time a settlement may take.
Investigating Who Is Responsible for the Truck Accident
An injury victim is entitled to obtain compensation from the other party in the crash. Thus, before a settlement is reached for a truck accident claim, fault and liability must be determined. Due to the nature of truck accidents, there may be multiple at-fault parties. They could include the driver, trucking company, manufacturer, service center, and loading company.
Both your attorney and the insurance provider will want to look into the details of the crash. The insurance company may attempt to place part of the blame for the collision on the victim of the truck accident.
The aim of this tactic is to reduce their liability, so they may take some time investigating the crash and each party’s share of fault. The time it takes to investigate may lengthen the settlement period.
What Does a Truck Accident Investigation Involve?
Following a truck accident, investigations usually begin immediately to ensure the preservation of important proof. According to the Code of Federal Regulations § 390.15, trucking companies must comply with these investigations. The analysis of the crash will also help in establishing liability and therefore help your case.
The steps involved in the investigation typically include:
- Gathering evidence such as photos and videos of the collision site and any property damage
- Analyzing the driver’s and company’s records to find any possible safety contraventions
- Finding witnesses and interviewing them
- Finding and evaluating the truck’s data recorder
- Seeking the opinion of experts like reconstruction experts and medical professionals
The Federal Motor Carrier Safety Administration (FMSCA) limits the number of hours truck drivers should work to keep drivers from driving trucks when they are tired or sleepy, causing serious accidents. Investigation into whether this and other regulations were observed lengthens the liability investigation process.
Analyzing Insurance Policies
A trucking company’s insurance company limits are typically very high so that they can protect both the driver and their employer.
Because a lot of money is on the line, the insurance company is compelled to safeguard its bottom line. They may come up with a strong defense to keep you from getting the compensation you are entitled to recover.
In other cases, the trucking company may have purchased different insurance policies for the truck’s cab, the trailer, and the shipment that the truck carries. If all of these policies are involved in your case, it could lengthen the time it takes for it to progress.
Waiting for the Conclusion of Your Medical Care
The time it takes to complete your medical treatment may increase the time it takes to settle your claim. It is a good idea to wait until you are done receiving medical care before accepting a settlement.
Doing so will help you and your truck accident lawyer realize the complete extent of your medical costs to include in your claim. If you settle a truck accident claim before treatment ends, you may end up with high medical costs that are not accounted for in the settlement.
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Keep Your State’s Statute of Limitations in Mind
While going through the legal system, you will need to consider your state’s statute of limitations, which is the deadline by which you must file your lawsuit. This time frame varies by state, so make sure you consult your lawyer to figure out how much time you have.
If you’re late with filing suit, the court may not let you pursue compensation from the liable party. Getting a truck accident lawyer involved with your case early can help you avoid this outcome.
Work With Our Truck Accident Lawyer to Help Keep Your Case on Schedule
There’s no set timeline for settling a truck accident claim, but our firm will work to ensure you receive compensation that covers your losses. What’s more, we have secured over $1 billion in damages since we started in 1993.
Get in touch with Isaacs & Isaacs Personal Injury Lawyers today by dialing 1-800-800-8888 for a free consultation. We don’t require any out-of-pocket or upfront costs or fees when we take your case, as we operate on a contingency fee.