Settling a truck accident injury claim can take anywhere from 6 to 24 months in California. We understand this is a wide range of time, which we are basing on decades of settlement negotiations and trials on behalf of accident victims and their loved ones. The truth is, personal injury case timelines are not based on a simple formula where we plug in a bunch of numbers. There are plenty of nuances, legal complications, and other issues that prolong the settlement process, even in cases that appear to be relatively simple.
Accident claims involving commercial trucks are especially complex, and we would say that the majority of cases take more than 1 year from start to finish. This is due to the sheer weight, size, and volume of these vehicles and the catastrophic injuries they can inflict. The same goes for any damage to the vehicle, and this alone can cost the victim tens of thousands of dollars.
If the truck that caused your accident is insured with National American Insurance Company, you may be in the middle of filing a claim for damages. Alternatively, you are in the midst of negotiations or preparing for a lawsuit. No matter where you are in the legal process, the legal team of Normandie Law Firm is here to help, so contact us anytime if you have questions or concerns about your case.
Variable that Prolong the Settlement Process
As we mentioned, commercial truck accident claims typically take longer to settle, and there are multiple factors that contribute to the extended timeline. Let’s examine some of these issues in detail.
Who is Liable for a Truck Accident?
The investigation into a truck accident is necessary to figure out who is responsible and how they are liable for the victim’s injuries. Collecting and reviewing evidence solid enough to prove that someone is definitively at fault is much harder than most people realize. Below are just some of the elements that must be examined by an accident scene investigator:
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Was the truck driver careless or reckless in the way they operated the vehicle?
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Was another entity, aside from the truck driver, responsible for what happened? A third party, such as a product manufacturer or truck repair center may have been negligent in their duty of care.
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Was the company that employed the driver compliant in FMSCA regulations when it came to issues like maintenance and load capacity?
The rules for owning and operating a truck are established by the Federal Motor Carrier Safety Administration. Under the agency’s guideline, truck drivers and trucking companies must follow many rules that do not apply to passenger cars. For instance, a commercial truck driver must take a rest period after driving for so many consecutive hours. This is just one of many potential issues that need to be explored, and this is why truck accident investigations take at least several months on average.
Severity of Injuries to You and Other Victims
Truck accidents can cause extremely serious injuries with lifelong complications, and even death. This is largely due to the fact that most accidents involve a commercial truck colliding with a much smaller car. While your injuries are the most important variable, you may also have considerable damage to your vehicle. Many cars are totaled and beyond repair, and this is another issue that adds to the settlement value, and therefore, the amount of time that’s needed to reach a settlement.
Insurance Policy Coverage Limits
Trucks like tractors trailers are required to have specialized insurance with specific coverage limits. How much coverage is needed depends on the vehicle’s size, weight, load capacity and other factors. The amount of compensation available under the plan can impact how long it takes to settle your case. You may also have to pursue a separate legal action if more than one party is liable for the accident (a defective auto parts manufacturer, for example).
Reaching Maximum Medical Improvement (MMI)
Seeking medical attention immediately is crucial to your physical and financial recovery. But it’s just as important to put off any settlement offers until you have reached maximum medical improvement. That means you are unlikely to experience further improvement in your condition, even with continued medical intervention. Based on the extent of your injuries, it can take several months to over 1 year before you get to this stage.
By waiting till MMI, you will have an accurate sense of the medial expenses you have accrued and may continue to accrue for the rest of your life.
Negotiating with the Insurance Company
After all the groundwork is established by you and your attorney, it’s finally time to negotiate a settlement with National American Insurance Company. How long this process will take is not something we can predict ahead of time. But, it’s important to have patience and understand that each side needs time to consider the offer and send back a response in writing. Truck insurance companies are working on many claims at the same time, and as a result, it can take around 3 weeks on average to get a response. That’s why the negotiation stage can take several months, depending on how many offers and counteroffers are exchanged.
Though coming to an agreement is the best outcome for all the involved parties, this may not be a possibility. If continued settlement negotiations do not get you closer to a settlement, you have the option of going to trial. Please note that only a small fraction of truck accident lawsuits require a trial, so it’s more than likely that your case will be settled.
Contact Our Law firm
Here at Normandie, we are driven by one mission: to represent your interests and fight tirelessly to bring you the compensation you deserve by law. Our attorneys have a solid record of recovery for those who were injured in commercial truck accidents, as well as individuals whose loved ones passed away from a truck accident.
We treat our clients like family, and that’s why we would never ask you pay out of pocket if you hire us for an accident claim with National American Insurance Company. Instead, we agree to wait until your settlement is recovered before a percentage gets deducted for legal fees. This is why we can promise you a Zero Fee Guarantee in the event we fail to win your case.
Our truck accident lawyers are waiting to speak with you, so please take a moment to schedule a free case evaluation.
Other Pages on Our Website Related to This Topic
How Long Does It Take to Settle a Truck Accident Crum & Foster Insurance Agency
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How Long Does It Take To Complete My Truck Accident Injury Case?
