How Long Does It Take To Finalize a Trucking Accident Settlement?

9/21/2022 By webmaster Read in about 7 minutes

Every trucking accident case is different, so it is impossible to predict exactly how long it will take to resolve yours.

Here at the Mike Hostilo Law Firm, our team will work diligently to keep your case on track and recover maximum compensation as soon as possible. 

After learning more about your wreck during your free consultation, our truck accident lawyers will be able to provide a better estimate of how long your case will take. Contact us today to get started!

What Is the Average Timeframe in Finalizing a Truck Accident Settlement? 

Because trucking accident cases are often more complicated than typical car crash cases, reaching a settlement may take anywhere from a few months to more than a year. As a general rule of thumb, the more severe the injuries and property damage, the longer the case’s timeline.

Factors That May Delay A Truck Accident Settlement

There are several key factors that can slow does your accident case, including the following:

The Insurance Company

The truck’s insurance company will do all it can to avoid a payout – or delay one. They may drag their feet through the investigation process, and if there is a dispute over who caused the trucking accident, expect that to lengthen the proceedings too. Having experienced legal counsel on your side is incredibly important, especially when dealing with the insurance company. They are NOT on your side, and attempting to handle them on your own puts your settlement at risk.

The Investigation

Determining liability is often difficult in trucking accident cases because there are multiple parties who may share the blame. In addition to the driver, the trucking company, the truck’s manufacturer, the truck’s maintenance provider, and the cargo loader could be held liable. Your local truck accident lawyer will investigate thoroughly and gather evidence (medical records, police reports, hospital bills, eyewitness statements, etc.) to strengthen your claim.

Severity of Injuries

After a trucking accident, your first priority must be getting the medical care you need. Be sure to retain all bills and medical records related to your treatment. These will serve as valuable evidence when your truck accident lawyer files your claim. Remember, the more serious your accident injuries, the longer your case will likely take to settle.

Settlement Negotiation

The negotiation process may delay your claim if the truck’s insurance company refuses to offer a fair settlement. Here at the Mike Hostilo Law Firm, our skilled negotiators will advocate for maximum compensation, ensuring you never settle for less than you deserve. If an agreeable settlement is not reached after several rounds of negotiation, your truck accident lawyer may recommend filing a lawsuit and taking your case to trial.

What Is the Average Settlement for a Truck Accident?

Again, no two trucking accident cases are the same. The settlement for each unique case is influenced by these factors:

  • Injury severity
  • Property damage value
  • Insurance coverage and policy
  • Temporary or permanent disability
  • Impairment or loss of physical function
  • State negligence laws
  • Individual circumstances

What Percentage of Accidents Are Caused by Semi-Trucks?

A 2018 study by the National Highway Traffic Safety Administration (NHTSA) found that approximately 4% of all auto accidents involved large trucks. Other NHTSA statistics show: 

  • 9.4% of trucking accidents were fatal, and 3.2% caused injuries.
  • 4.9% of trucking accidents resulted only in property damage.
  • 5,237 large trucks and buses were involved in fatal crashes in 2019, up 2% from 2018.
  • Of the 4,949 large truck drivers involved in fatal crashes in 2019, 7% were 25 years old or younger, and 7% were 66 years old or older. 
  • Fatal trucking accidents occur most frequently in rural areas (57%) and on Interstate highways 25%. In fact, 13% occurred on roads that fell into both categories.

Common Damages Recovered in Truck Accident Case

Depending on your accident and the injuries it caused, you may be eligible for compensation for the following: 

  • Medical treatment (hospital stays, surgery, prescriptions, testing, etc.)
  • Rehabilitation (physical therapy, counseling, follow-up care, etc.)
  • Lost wages
  • Property damage
  • Pain and suffering
  • Emotional trauma
  • Continued care
  • Diminished earning capacity (if injuries prevent you from working at the same level)
  • Disability
  • Disfigurement
  • Loss of companionship or consortium

Can I Personally Sue the Driver After a Truck Accident?

While you may be tempted to file a lawsuit against the truck driver who caused your wreck, it is best to put your emotions aside and turn to a trusted truck accident lawyer for legal advice. Here at the Mike Hostilo Law Firm, we seldom recommend suing the driver directly because they typically have fewer assets to their name than the trucking company as a whole. Plus, drivers are likely covered by their trucking company’s insurance policy. It’s also important to keep in mind that if the accident was caused by a manufacturer defect or improper cargo loading, the truck driver may not be to blame at all. That is why our truck accident lawyers most often pursue damages from the trucker’s insurance company.

Is It Worth Hiring a Truck Accident Lawyer?

Due to the complexity of trucking accidents, hiring legal counsel is highly recommended. Your car accident lawyer will not only help you navigate the legal system, but offer trusted legal advice each step of the way. And because we operate on a contingency basis, you won’t pay anything if we don’t win your case!

Attorney Mike Hostilo and his qualified team will handle the following:

  • Identifying all liable parties.
  • Gathering evidence.
  • Calculating damages (economic and non-economic) for physical and emotional injuries.
  • Communicating with the trucker’s insurance company.
  • Advocating for maximum compensation in settlement negotiations and in court, if necessary.

Trust our personal injury law firm near you to handle everything, so you can focus on recovering. We’re always here to help when you need us!

More Questions? Discover A Skilled Truck Accident Lawyer Near Me

The Mike Hostilo Law Firm is proud to serve accident victims throughout the region. Our truck accident lawyers are equipped to handle cases like yours – and we have the real-life results to back us up! If you have been injured in an accident with a large truck, schedule your free initial consultation today.

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