No lawyer can advise how long it takes to settle a semi-truck accident without assessing the specific situation because every accident has individual circumstances and outcomes. A free consultation with a truck accident attorney in Philadelphia can help you understand the specifics and timeline of your case better.
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Table of Contents
- Damages an Accident Victim May Recover After a Semi-Truck Accident
- Damages You May Recover After a Fatal Semi-Truck Accident Involving a Loved One
- What Are the Most Common Types of Semi-Truck Accidents?
- Common Causes of Semi-Truck Accidents
- How an Attorney Will Be Your Biggest Ally in Settling Your Semi-Truck Accident Claim
- Questions to Ask a Truck Accident Lawyer
- Call a Truck Accident Attorney Today
Important Factors That Affect the Time to Settle a Semi-Truck Accident
Due to more complicated liability issues, truck accident claims tend to take longer to settle than car accidents. Many important factors influence the timeline of settling a semi-truck accident case.
From the severity of the accident to possibly needing litigation, these determinants may considerably affect how long it takes to settle a semi-truck accident:
The Severity of Your Injuries
The severity of your accident and subsequent injuries directly affects when you will settle your truck accident claim. Minimal injuries may settle within months, whereas victims suffering from severe injuries may wait much longer for compensation.
Victims of semi-truck accidents seeking substantial financial compensation often experience longer settling times, but it is worth the wait to obtain full financial recovery.
Medical Treatment and Recovery
Your recovery time and continued medical treatment correlate with how long it takes to settle. If you have injuries that require surgery, rehabilitation, physical therapy, mental health services, or any combination thereof, wait to accept any settlement offer. Make recovery your primary focus.
Liability Investigation
Because of the nature of the claim, investigating who is liable may take longer in a truck accident than in a traditional car accident. When a large truck accident occurs, an experienced truck accident attorney will consider vicarious liability to determine if the trucking company shares liability and hold it accountable when recovering damages.
Reasons a Trucking Company May Be Liable for a Semi-Truck Accident:
In addition to vicarious liability, an insurance company and court of law may find a trucking company responsible for a truck accident, due to:
- Negligent Hiring: Trucking companies must conduct extensive background checks on potential drivers to ensure they are competent, qualified, and licensed. Negligent hiring practices may also contribute to big rig collisions when hiring drivers with a history of reckless driving, accidents, or driving while under the influence (DUI).
- Failure to Properly Train Drivers: An attorney may prove company negligence if a trucking company fails to adequately train its drivers.
- Hours of Service (HOS) Compliance: Hours of service refers to the maximum time truck drivers may drive. It includes drive time and specifies a number and time duration for required breaks to ensure drivers do not become fatigued, leading to impaired driving.
- Failure to Properly Maintain Trucks: Trucking companies are required to inspect and service trucks and equipment regularly. An experienced attorney can help determine liability by obtaining maintenance records that may verify negligence.
If you sustained severe injuries or the loss of a loved one and know or suspect the trucking company is at fault, consult a skilled truck accident attorney immediately to know your legal rights and recover financial compensation.
Insurance Coverage
Interstate semi-trucking companies and drivers must carry insurance. However, the truck’s cab, trailer, and cargo load coverage may differ, causing payout time delays. Multiple claims can extend the process.
Settlement Negotiations
The negotiation process may delay settling a semi-truck accident claim. The severity of your injuries, medical expenses, insurance coverage, lost income, pain and suffering are all factors when negotiating fair compensation.
It can take several rounds of negotiations before your attorney and the at-fault party’s insurer(s) agree to settle.
Litigation
Personal injury cases rarely see the inside of a courtroom. However, if your attorney and the insurance company(s) cannot reach an agreement, a truck accident settlement litigation may delay the result.
Damages an Accident Victim May Recover After a Semi-Truck Accident
Determining losses and calculating damages involves a comprehensive look at how the truck accident cost you money, health, and time.
Medical Expenses
All medical expenses from your injury are economic damages you may recover after an accident.
Some examples of medical costs include:
- Emergency medical services
- Hospital stay
- Doctor visits
- Surgery
- Home health care
- Rehabilitation services like physical therapy, chiropractor, and massage
- Medical devices
- Prescription medications
- Travel time to and from appointments
You can recover compensation for in-home modifications like wheelchair ramps, stair lifts, flooring, wider doorways, accessible bathrooms, and stand-up showers through your truck accident claim.
Mental Health Services
Truck accident victims who experience psychological trauma and undergo mental health treatment may seek compensation for their expenses.
Keep copies of any out-of-cost expenses your attorney may recover.
Pain and Suffering
Pain and suffering damages far exceed only receiving restitution for physical pain.
Pain and suffering damages can also include compensation for:
- Chronic pain
- Sleep difficulties
- Depression
- Anxiety
- Post-traumatic stress syndrome (PTSD)
- Loss of quality of life
- Loss of enjoyment in life
- Humiliation or embarrassment associated with disfigurement like scarring
Pain and suffering involving coping with trauma are intangible damages that can be more challenging to quantify. An experienced attorney advising you on properly documenting pain and suffering may prove helpful to your case.
Property Damages
Personal property damaged or destroyed in the collision, like vehicles, cellular phones, car seats, electronics, and clothing, are recoverable damages in a truck accident claim.
Professional Damages
Truck accident victims suffering from pain and mental anguish that prevent them from working can recover restitution for professional damages, such as:
- Lost income or salary
- Lost bonuses
- Lost benefits
- Lost promotions
- Diminished earning capacity
- Permanent loss of working ability
Most people cannot afford to miss work and shouldn’t have to. Consult a truck accident lawyer to recover professional damages from an 18-wheeler accident.
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Damages You May Recover After a Fatal Semi-Truck Accident Involving a Loved One
If you and your family suffered the loss of a loved one in an accident, an attorney will advise you on the legitimacy of a potential wrongful death suit.
Potential damages you may recover include:
- Pain and suffering
- Mental health costs addressing your loss and grief
- Loss of your deceased loved one’s financial support, including future income
- Funeral and burial or cremation costs
- Loss of services and consortium by family members
No monetary value can ever replace the loss of a loved one. However, seeking justice against negligent parties and recovering compensation for financial damages and intangible losses may help you and your family get well-deserved closure.
What Are the Most Common Types of Semi-Truck Accidents?
Semi-truck accidents are more common than you might think. Data shows that 120,200 large trucks were involved in crashes in a recent year, resulting in injuries, and 5,837 semi-trucks were involved in fatal accidents, resulting in negligent deaths.
We see several common types of semi-truck accidents, such as:
- Wide-Turn Accidents: Big rigs need considerably more space when maneuvering to make turns, especially right-hand turns. A miscalculation may result in a truck veering into additional lanes or oncoming traffic.
- Sideswipe Accidents: Semi-trucks have significant blind spots that can make changing lanes more challenging. Many sideswipe accidents occur when changing lanes. Lane drifting is another component that results from various things like driver fatigue or intoxication, road obstacles, tire blowouts, and inclement weather.
- Head-On Collisions: A head-on collision is one of the more serious types of accidents you can be involved in, often resulting in painful and severe injuries and longer recovery times. The Insurance Information Institute reports that head-on collisions account for slightly over 10 percent of all fatal motor vehicle accidents.
- Rollover Collisions: Large trucks are more likely to tip and roll over in an accident than smaller cars due to their higher center of gravity. Overloaded cargo or improperly secured trailers can cause 18-wheelers to roll over much more easily.
- T-Bone Accidents: T-bone or side-impact collisions frequently occur at intersections. Distracted truckers often run through stop signs or red lights when these accidents occur.
- Jackknife Accidents: Jackknifes are another significant semi-truck accident. They commonly occur during incremental weather, forcing them to slam their brakes too quickly or if a driver is distracted and can’t brake in time. The result is an unpredictable fishtail motion from the trailer. Jackknife collisions are responsible for countless multi-vehicle pile-ups that shut down highways and interstates for hours.
Common Causes of Semi-Truck Accidents
Numerous factors may cause an 18-wheeler accident, such as driver error and trucking company negligence.
Here are some common causes:
- Speeding
- Impaired or intoxicated driving
- Following too closely
- Poorly maintained roads
- Unfamiliar roadways
- Unsecured loads or too much cargo weight
- Truck maintenance issues
- Defective parts and unsafe equipment
- Bad tires
Semi-truck drivers have many responsibilities when hitting the roads, primarily for the safety of other drivers. Unfortunately, sometimes, truckers may overlook their duties to operate their tractor-trailer safely, leading to accidents resulting in severe injuries and fatalities.
Schedule a free consultation with a truck accident lawyer to discuss the specifics of your case and determine compensation eligibility.
How an Attorney Will Be Your Biggest Ally in Settling Your Semi-Truck Accident Claim
Retaining a compassionate lawyer to investigate and represent your case gives you a better opportunity to effortlessly navigate the legal system, recover financial losses, and obtain compensation for non-economic damages. These are the most significant benefits of allying with an attorney:
Work on Contingency
Because most truck accident attorneys work on a contingency fee basis, there are zero upfront fees or out-of-pocket expenses.
On retaining them, your lawyer will disclose their fee amount (usually a percentage of the final settlement) and will only collect if they win your case. That means there is zero financial risk in securing legal representation.
Gather Evidence
A semi-truck accident lawyer will gather evidence from the scene to establish liability, such as police reports, photos of the accident scene, video surveillance capturing the accident, and pictures of injuries immediately following the collision.
Interview Eyewitnesses
Police who responded to the crash likely took eyewitness statements at the scene, which the official police report will document.
However, attorneys may dig deeper to uncover other potential witnesses who can provide testimony demonstrating the semi-truck driver’s negligence.
Analyze the Data
Attorneys work with accident reconstruction specialists to establish liability. These specialists calculate factors using specialized software and mathematical models to determine the forces involved in the accident, vehicle speeds, and angles at impact.
Recreate the Accident Scene
After analyzing the data and calculating the factors, accident reconstruction specialists use computer simulations and 3D modeling to recreate your accident scene. Recreating the scene allows them to pinpoint specific events and actions contributing to the accident.
Present Findings
After reconstructing the accident, an attorney will present the findings to the insurance company(s) for negotiations and, if necessary, in court. To ensure fair compensation, your semi-truck accident attorney will prepare detailed reports, diagrams, and expert witness testimony.
Negotiations
Negotiating is a significant component of securing a substantial semi-truck accident settlement, something experienced lawyers do daily. Having an experienced negotiator, fully aware of liability laws, and reasonable compensation expectations alleviates your need to negotiate or accept a lowball offer.
Your attorney will inform you of all settlement offers and advise you on taking or rejecting them. Ultimately, you make the final decision on an acceptance or rejection.
Legal Representation in Court
Only a small percentage of truck accident claims go to trial. However, being prepared with legal representation in court if, by chance, your case does— is invaluable. Your lawyer will represent you by narrating the scene recreation for the judge and jury, calling witnesses, and cross-examining witnesses on your behalf.
Questions to Ask a Truck Accident Lawyer
When hiring a lawyer to represent you after a truck accident, prepare questions to help determine if their firm aligns with your case.
Some questions may include:
- How many semi-truck accident cases have you settled?
- How many trials involving semi-truck accidents have you represented?
- What damages can I recover in my semi-truck accident claim?
- What do you need from me as a client to make the process run smoothly?
- How long does it take to settle a semi-truck accident?
Finally, you should always ask how much a truck accident lawyer’s services cost. Again, most work on contingency, but clarifying that from the beginning is important.
Call a Truck Accident Attorney Today
Get a free consultation to investigate your semi-truck accident now. There are experienced personal injury lawyers available to help you.
Get A Free Consultation Today!
Gabriel Levin - Owner/Founder
Gabriel Levin is a highly experienced and award-winning attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters and tried hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Attorney Levin personally handles every aspect of each case and maintains open communication with his clients throughout. He has secured millions in compensation, making him a smart choice for those seeking legal representation.
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