truck accident lawsuit

How Long Does a Truck Accident Lawsuit Take?

If you’ve been injured in a truck accident, you may have the right to seek compensation through a truck accident lawsuit. The time it takes to resolve a truck accident lawsuit can range from a few months to several years. Your case’s timeline will depend on various factors specific to your situation.

Factors Affecting the Timeline of a Truck Accident Lawsuit

No two truck accident lawsuits are the same. Your case’s timeline may be shorter or longer than someone else’s based on a wide range of factors, including injury severity, evidence availability, and more.

Injury Severity

Serious injuries often require extensive medical treatment to fully assess their long-term impact. It can be challenging to determine a fair settlement amount until there’s clarity on the extent of injuries.

More severe injuries also tend to result in longer lawsuits since they require more evidence to demonstrate the effects on the truck accident victim’s life. Insurance companies may be more aggressive in defending against larger truck accident claims that could cost them more money.

Case Complexity

Truck accident cases can be particularly complex due to the various parties involved—drivers, trucking companies, vehicle manufacturers, and sometimes even cargo shippers. The more parties involved, the more time it may take to investigate the accident.

Additionally, if your case involves unusual circumstances, such as preexisting conditions or multiple at-fault parties, it may take longer to build a strong case. A case that doesn’t involve one of the major causes of commercial truck accidents may also require more research and time.

Liability Investigations

Liability is obvious in some cases, such as if the truck driver was convicted of driving under the influence. More often, however, proving that someone else is liable for your injuries requires comprehensive investigations.

Your legal team will need to analyze evidence such as the truck’s black box data, truck maintenance logs, video footage, and vehicle damage. Expert accident reconstruction may also be necessary to determine who’s at fault in a commercial vehicle accident.

Insurance Negotiations

Negotiating with insurance companies is rarely straightforward. Insurance companies use a variety of tactics to minimize truck accident lawsuit settlements. If the insurance company is reluctant to provide a fair settlement, negotiations can drag on for months or even years.

You and your attorney may eventually decide to take the case to trial if negotiations don’t succeed. This can add a significant amount of time to the legal process.

Evidence Availability

Some evidence, such as medical records and police reports, is easy to come by. Other types of evidence, such as black box data or maintenance logs, are only obtainable through additional lengthy legal processes.

Typical Stages of a Truck Accident Lawsuit

Understanding the typical stages of the process can help you prepare for what lies ahead if you’re considering filing a commercial truck accident lawsuit.

1. Initial Consultation with an Attorney

The process begins with a truck accident lawyer’s evaluation of your case. During this free consultation, you’ll discuss the accident details, your injuries, and any evidence you have on hand. The attorney will evaluate the strength of your case and explain your legal options. 

2. Gathering Evidence and Documentation

Once you decide to move forward, your attorney will begin investigating the accident and gathering evidence to build a strong case. They’ll determine who is liable for your injuries and calculate your damages.

3. Demand Letters and Settlement Negotiations

Your attorney will draft a demand letter to the responsible party explaining why it is liable for your injuries. The letter will outline your damages and detail the amount of money you’re seeking in compensation.

This step often launches settlement negotiations, where both parties try to reach a fair resolution without going to court. If the negotiations succeed, you’ll sign a settlement agreement and receive your compensation.

4. Filing the Lawsuit

If settlement negotiations don’t result in an agreement, you may choose to file a formal lawsuit. This involves the court system in the case. Your attorney will complete and file all necessary documents on your behalf.

5. Discovery Phase

Both sides exchange information and evidence during this phase. Discovery allows both parties to gain a better understanding of the case and prepare for trial. For example, if you’re suing the trucking company because their driver caused the accident, your attorney may request the driver’s driving and employment records.

6. Trial Process

Some truck accident cases settle before trial even after a lawsuit is filed. If your case does go to trial, your attorney will represent you in court and present all evidence and arguments on your behalf. A judge or jury will ultimately decide the outcome of the case.

Common Challenges and Delays

Truck accident lawsuits don’t always go as smoothly as you’d hope. However, these common challenges and delays are often manageable with an attorney’s help:

  • Disputes Over Fault and Liability: The other party may try to argue that you were partially at fault for the accident or deny liability altogether.
  • Lowball Insurance Offers: The insurance company’s first offer will likely be much lower than what you deserve, so you may need to push for a fair truck accident settlement.
  • Delays in Medical Treatment and Documentation: Some injuries take time to fully manifest, and you’ll need to wait for medical professionals to assess and document your injuries accurately.
  • Lengthy Negotiation Processes: Settlement negotiations may require many back-and-forth exchanges between the insurance company and your attorney.

How an Attorney Can Expedite the Process

You’re dealing with enough after a truck accident injury. Adding managing a lawsuit to your plate is likely too much. Your health requires all of your attention—and your truck accident lawsuit deserves a skilled attorney.

When you turn to Morris & Dewett, we’ll put all of our resources into building your semi-truck accident lawsuit and dealing with any challenges that arise. Helping injured people like you is all we do. We know how to get things moving quickly without sacrificing the quality of our work.

If you or someone you love has been injured in a truck accident, our truck accident attorneys are ready to help. Contact us today to schedule a free consultation and learn more about how we can seek maximum compensation on your behalf.

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.