It can take anywhere between 6 months to 2 years for a truck accident case to settle in California. This timeline is based on our experience with claims on behalf of truck accident victims and their family members. Ultimately, the speed at which a personal injury case is resolved depends on numerous variables, like how badly you are injured, degree of liability by the defendant, and the insurance company’s willingness to negotiate on the settlement amount.
At the end of the day, it’s impossible to predict the length of time it takes to settle an auto accident injury claim. However, cases for truck accidents do take longer than the average car accident claim, as they involve large, commercial vehicles like tractor-trailers and semis. The size and weight of a vehicle increases the potential for bodily harm and property damage, and as a result, it can take longer to determine the compensation that is owed and work out a fair settlement with Lexington Insurance
More often than not, the negligent party’s insurance provider will extend a settlement offer just days after an accident. You may be tempted to accept, but please know that the initial offer is almost always lower than what you actually deserve. With help from an experienced truck accident lawyer, many claimants receive 3 to 5 times what they were originally offered.
What can Delay a Truck Accident Settlement
We mentioned before truck accident lawsuits may take more time to settle that a traditional auto accident case. Let’s take a closer look at the factors that can delay the settlement process.
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Determining Liability
A major part of the investigation following a truck accident is figuring out who is at fault. Due to the complex nature of truck accidents, the process can take longer than you would expect. Prior to entering the settlement process for a truck accident, investigators must examine:
- If all applicable rules and regulations were followed by the truck driver
- If any other entities (other than the truck driver and the injured party) caused or contributed to the accident. For example, did negligence by a mechanic cause malfunctions that made the driver lose control of the truck?
- If the company that owned the truck breached their duty of care by failing to maintain and repair the vehicle.
- If the trucking company was in compliance with current rules and regulations.
Truck drivers and the companies they work for are governed by various federal regulations. For instance, there are rules on how long a truck driver can be on the road (number of hours in a row), and how much rest they need in between each shift. So, investigating whether the company and/or driver were in violation of truck safety regulations is a major component on any accident investigation.
The vehicle that caused the accident may also exceed size and weight standards, and this is another possible contributor when someone is injured or killed in a truck accident. These are just some of the issues that can add to how long it takes to reach a settlement with the negligent driver’s insurance company.
How Bad was the Accident?
The size of a commercial truck can cause accidents with catastrophic injuries to one or more people. More often than not, the other party is likely to be in a sedan, coupe, SUV or another passenger car. Thus, they are at a disadvantage when they are hit or driven off the road by a truck.
Along with injuries, truck accidents result in significant damage to a vehicle, and many cars end up being totaled. The extent of property damage can add many complications to a truck accident investigation, so this is another factor that increases the timeline for a truck accident case.
Insurance Policy Limits
Semi-trucks and tractor trailers must carry insurance that meets the requirements set forth by the Federal Motor Carrier Safety Administration. There are different coverage terms and policy limits based on the vehicle’s trailer, load capacity, and other variables.
Necessary Medical Treatments
It’s essential that you seek medical attention right away in the event you are involved in a truck accident. Furthermore, you should put off agreeing to any settlement offer until you have completed all the available medical treatments. This way, you know the full extent of your injuries, long-term or permanent complications, and how much you will need in current and future medical expenses.
Projected medical expenses can be difficult to figure out, so it’s best to work with a law firm that’s experienced in Lexington Insurance truck accident claims. Depending on the harm you suffered, you may also be eligible to receive non-economic damages, like emotional distress and pain and suffering.
Settlement Negotiation
Last but not least, how long it takes to negotiate a settlement with Lexington Insurance plays a crucial role in the recovery of compensation after a truck accident. Please note that all settlement offers have to be in writing, and it can several cycles of exchanging offers with the insurance company. The waiting time in between can be 3 to 6 weeks due to the fact that insurance companies are handling many accident claims at the same time.
If it’s clear that both sides cannot compromise on the numbers, your case may need to be tried before a judge and jury. However, it’s worth noting that around 95% of all truck accident lawsuits are settled without a trial.
The legal team of Normandie Law Firm is here for you 24 hours a day, 7 days a week. Our goal is to represent your interests and ensure that you end up with a fair amount of compensation. We have decades of experience in truck accident investigations and a proven track record of settlements and trial verdicts. You can count on us from day one to educate you on your rights and take care of the claims process from start to finish, thereby allowing you to focus on healing from your injuries.
All accident victims receive the Zero Fee Guarantee when they choose to be represented by our law firm. We do not ask for any payment upfront; instead, we ask for the cost of legal services to be paid at the same time as your settlement, so our payment is based on recovering the compensation you are owed.
Please contact our office today and schedule a free case evaluation if you or your loved one was injured by a truck that’s insured with Lexington Insurance.