You’ve been badly injured in a truck accident, and your finances are in shambles. You want to hold the negligent parties accountable, but how long does it take to settle a truck accident?
The answer: it depends. Identifying a truck accident lawsuit timeline can be challenging because everything is fact-intensive.
At Bensinger Legal Services, we aim to help you hold negligent parties accountable for the harm they caused you. Contact our office online or call (419) 455-1410 today to learn how we can help you through this difficult time during your free consultation.
How Long Does It Take to Settle a Semi-Truck Accident?
Very few truck accident cases go to trial. Most end when the parties agree to a settlement. However, various factors can affect the time it takes to settle an Ohio truck accident claim, including the following.
Complex Evidence Collection
Truck accidents are complex cases. Investigators must analyze the situation to determine what caused the accident and who caused it.
Evidence used to prove these two factors include:
- Photos from the accident,
- Video surveillance footage,
- Eyewitness testimony,
- Police reports,
- The truck’s black box,
- Expert witness testimony, and
- Trucking company records.
The greater the quantity of evidence, the longer it will take investigatory parties, including your attorney, to sort through it.
Multiple Negligent Parties
Potential negligent parties in a truck accident can include the following:
- Trucking company,
- Truck driver,
- Truck loader,
- Truck manufacturer, and
- Truck servicing company.
Sometimes, multiple parties can be negligent. For example, suppose an employee truck driver was speeding. The truck servicing company did not check the brakes during the last maintenance visit, so they did not find a defect. When the truck driver tried to brake, it didn’t work, and the truck skidded. Because the logs in the back of the truck were not tied down properly, they fell off and hit another car.
In this example, four different parties can be held liable for the truck accident:
- The truck driver, who was speeding;
- The trucking company is liable for the acts of their employees;
- The truck servicing company failed to detect the faulty brakes; and
- The truck loader did not correctly tie down the logs.
Your attorney will have to determine the appropriate distribution of liability between the negligent parties, which can take a while.
Liability apportionment can also get complicated if you are partly responsible for the accident. Ohio law does not prohibit financial recovery if you are at fault in a personal injury case. However, your fault cannot be greater than the combined fault of the other negligent parties. Your financial damage will be reduced based on your portion of fault.
Severity of Injuries
To calculate your compensation accurately, you need to know the cost of medical treatment for your truck accident injuries and the effect your injuries will have on your employment and life. These two factors cannot be assessed unless you reach maximum medical improvement, which occurs when the patient’s healing reaches a point where they are not expected to improve medically anymore.
Compensation calculations take longer because it takes patients with severe injuries longer to fully improve.
Negotiations with Insurance Companies
Insurance companies will often try to settle the case quickly with a settlement. If you accept, your case will be resolved soon.
However, we advise that you consult with an attorney first. The first settlement is usually less than what your case is worth. You need a seasoned truck accident attorney to fight for fair financial compensation.
Depending on the progression of the negotiations, your case could settle in a few weeks, or it can take several months.
Bringing Your Case to Court
Going to trial lengthens the time it takes for your case to settle. Depending on the court’s docket, getting a date can take significant time. All parties have to present their side of the case, which can be extensive if there is more than one defendant.
Bringing a case to the court includes pretrial motions, discovery, trial, and judgment. It can last years.
Are There Any Restrictions for Bringing a Truck Accident Case?
How long does an insurance company have to settle a truck accident claim in Ohio? There is no set time for an insurance company to settle the claim.
However, you have a restriction for filing the truck accident claim. You have two years from the date of the truck accident to file the claim. If you fail to file the claim, you are generally barred from financial recovery.
Contact Bensinger Legal Services for a Free Case Evaluation
Don’t worry about how long an 18-wheeler lawsuit takes. Founder Aaron Bensinger takes the time to explain your legal options and how he can help you. He has the knowledge and experience to protect your rights from ruthless insurance companies.
And Aaron won’t charge you a dime! Bensinger Legal Services operates on contingency fees, so we only get paid if you do. So don’t hesitate to contact us online or call (419) 455-1410 today.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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