18-wheeler accidents are often more serious than routine car accidents because of the size of the tractor trailer and the damage they cause after an accident. The more severe nature of trucking accidents means that the lawsuits also can take longer than simple car accident cases. Tucking companies and their drivers have a lot on the line in 18-wheeler lawsuits and are willing to spend more time and money to fight the claim. Most truck accident lawsuits take one to two years to complete once the lawsuit is filed.
These are the most common factors which affect how long an 18-wheeler lawsuit will take and how much time it will add to the case:
Time to complete medical treatment (Adds 1-24 months).
Most lawyers will not settle a truck accident lawsuit until their doctor has released their client from all medical treatment. Once the case settles, the injured person cannot go back and collect more money for continued treatment in most cases. Therefore, a great lawyer will check-in with their clients regularly, will monitor the treatment, but will not make any settlement offer until the client has completely finished the treatment or plateaued in their care.
Disputes in who was at fault (Adds up to 24-36 months).
18-wheeler drivers can lose their commercial drivers’ license or can be fired from the company if they are found at fault for an accident. For this reason, many drivers will refuse to accept responsibility and may blame the injured victim for causing the accident. If the trucking insurance company has a driver that is refusing to accept responsibility, this can drag out the case for two or three years until a judge or a jury can determine who is at-fault for the collision.
Expert investigation (Adds 3-6 months).
Most trucking companies have expert witnesses who will map the accident scene, download data from the truck, and will conduct an accident reconstruction. An experienced truck accident lawyer will also have an incident response team of experts who can do their own assessment and evaluation of the accident scene and the vehicles involved. Unfortunately, these expert inspections, data analysis, and accident reconstructions are expensive and take time. Your lawyer will pay for these investigations, but unfortunately, the investigations add time to your case.
Difficult insurance company lawyers (Adds up to 36 months).
Unfortunately, the biggest time wasters in trucking lawsuits are certain truck insurance company lawyers who needlessly delay all aspects of the lawsuit. Trucking insurance company lawyers often bill by the hour, so they have an incentive to spend as much time on the case as possible. Practically, this means that many truck accident lawsuits do not get settled until right before the scheduled trial. This ensures that the lawyers can maximize their bill before closing the file. Trucking defense lawyers could save the insurance company millions of dollars per year if they would just fairly pay claims immediately after an accident, but unfortunately, lawyers for trucking companies are financially incentivized to make the case last as long as possible.
18-wheeler lawsuits are handled by some of the most experienced and aggressive insurance defense lawyers in the industry. Never handle a truck accident lawsuit or case on your own. An experienced injury lawyer will push the case to settlement faster using all the tools and resources that the law allows. If you would like to explore if our firm is a good fit for your case, or if you just want a second opinion because you believe that your 18-wheeler case is taking too long, give us a call for a free case evaluation today.
