Factors Involved in a Truck Accident Settlement Case

Settlements for cases involving truck accidents vary in length. Some resolve faster, while others can take a very long time. Below are some of the biggest factors that impact how long a truck accident case can take to settle. 

Conducting an Investigation

Any time a motor vehicle accident injury or death results in a lawsuit, there will be an investigation into the facts surrounding what caused the accident. This can take a long time for any accident, but it tends to take even longer with truck accidents. 

Truck accident investigations might include:

• Speaking with witnesses
• Reviewing police reports
• Checking for police mishandling
• Consulting accident reconstruction experts
• Assessing if other drivers bore responsibility
• Examining evidence

In addition to all these points, there are other concerns when a commercial truck is involved. Large trucks are held to additional safety standards. On top of that, commercial truck companies often have safety regulations for both the drivers and the trucks. 

A truck accident might include additional investigations into whether there was negligence involved like: 

• The truck driver followed rules and regulations
• The trucking company followed rules and regulations
• The truck was safely maintained
• There were manufacturing issues with the truck
• Other parties were liable for the truck’s condition (mechanics, etc.)

All these aspects of an accident and more can take a considerable amount of time to investigate. This means that the investigation phase alone can be time-consuming before grounds for a lawsuit are fully established. 

Assessing Liability

The purpose of a thorough investigation is to identify which party or parties should be held responsible for the damage.

Trucking companies are regulated by a great number of guidelines intended to ensure the safety of other drivers. Common regulations include: 

• Limiting the consecutive number of hours a trucker can drive
• Regulating how long a trucker’s breaks should be
• Using properly qualified drivers
• Planning routes carefully
• Requiring daily truck inspections

These standards exist to reduce the likelihood of an accident caused by driver fatigue, unsafe trucks, and larger trucks operating on routes unsafe for their size. 

If a trucking company fails to operate according to safety regulations like these, it can be held liable on the grounds of negligence. If a trucking company does expect a driver to comply with the regulations, but the driver violates company policy, the driver can be held liable. 

A driver is also responsible for following all of the other basic driving rules, including:

• Driving the speed limit
• Not driving under the influence
• Not driving recklessly

Truck drivers have both the regular rules of the road and trucking regulations to follow, which means there are more ways in which a truck driver might be found guilty of negligence. 

Liability in a trucking accident can also extend to involve other parties. Sometimes other drivers play a role in causing the accident. A construction company can be held liable for unsafe construction zones or worker activities. A manufacturer can be responsible for producing an unsafe vehicle.

With so many different parties to consider, establishing liability can be a complex and drawn-out process. Once liability is established, it must be proven. Liability is proven by showing that the other party’s actions meet the requirements to establish negligence. 

Building a strong case can take a long time for even just one party. When multiple parties bear liability in a truck accident, it can take much longer. However, the benefit of this is that ultimately the settlement amount can also be larger. 

Uncertain Medical Outcomes

It can take a while for the dust to settle after a truck accident. In some cases, the damage is straightforward, and it’s easy to begin seeking a target compensation value from the start. This is often the case when a traffic accident injury re sults in death. 

Other cases are more complicated. This is especially true when serious injuries result in ongoing medical needs and an unclear outcome. When a medical prognosis is uncertain, especially after severe injuries like traumatic brain injury or spinal cord injury, it can be difficult to know the long-term impact the injuries will have. 

An uncertain medical prognosis can make establishing a target amount difficult because compensation needs to adequately consider things like the following:

• Overall medical costs
• Costs of long-term care
• Level of disability
• Changes in cognitive function
• Ability to return to work

When medical considerations like these are still uncertain, the time frame may be pushed forward as an accurate settlement goal is readjusted.  

Negotiation or Court Verdict

One final point that makes a significant time frame difference in all types of trucking accident injury claims is how the case is settled. 

Oftentimes, the preferred option is to arrive at an out-of-court settlement through negotiation. While still time-consuming, negotiation allows the opportunity for both parties to form an agreement. When both sides work together, a settlement is usually arrived at more quickly. 

Sometimes a settlement is not an option because neither side can agree upon items brought up in negotiation, such as liability or a fair compensation value. When negotiation doesn’t work, the only option is to go to court. 

Taking a case to court takes far longer than negotiation. A case will usually be heard over multiple court hearings, and each of these can be scheduled many months apart. 

Ultimately, a judge or jury will give a verdict on the case. Waiting for a court verdict can make a truck accident case last many months or even a few years longer than it would through negotiation. 

Help Is Available After a Truck Accident Injury

Taking legal action after a truck accident can feel intimidating. But it doesn’t have to be. 

If you’ve suffered a loss due to a truck accident, a truck accident attorney can discuss the details of your accident and guide you through the process of gaining compensation. Laws and policies exist to help people get the compensation they deserve in situations like a truck accident. With the right help, compensation is possible. 

TruckingAccident.com is a free resource and guide for those who have suffered an injury caused by a traffic accident and don’t know how to receive compensation.

Call (919) 341-0059 or complete our free claim review form to schedule a no-obligation, confidential consultation with an attorney.