How Long Does It Take to File an 18 Wheeler Lawsuit?
If you are involved in an accident with an 18-wheeler, you'll require a lawyer who is knowledgeable of trucking laws and can assist you to obtain the best settlement possible. It can take anywhere from three months to several years to settle a truck accident case.
Determining who is at fault in these kinds of accidents can be challenging and multiple parties could be responsible for the damages. An experienced lawyer can pinpoint the responsible parties and make claims against each one of them.
Damages
Accidents involving 18-wheelers or large commercial trucks could result in serious, even life-threatening injuries. This is due to the weight and size of a truck being more than a typical passenger car. They also tend to cause much more substantial damage to property and vehicles. Due to this, the amount of damages awarded by juries and settlements in 18 wheeler accidents tend to be significantly higher than those that are awarded in a typical motor vehicle accident.
Sometimes, several parties are responsible for an 18-wheeler collision. Truck drivers are often the primary driver of accidents since they are negligent. However, the trucking company they work for could be held responsible when they fail to adequately educate their drivers or provide them with the proper equipment. Additionally, the trucking firm can be held liable for incentivizing or encouraging their drivers to exceed the federal regulations on hours of service. The manufacturer of the truck or its parts is liable if there is an auto defect that causes an accident.
It is crucial to determine all parties who are responsible for the accident in order to obtain a fair and comprehensive settlement. A skilled attorney for 18 wheelers will examine your case to determine the person responsible for your accident and be fully prepared to pursue compensation from each of the parties responsible. In addition to pursuing financial losses, your lawyer may also pursue damages that are not economic, such as pain and suffering.
Liability
The cases involving truck accidents are more complex than typical car accident claims. The truck driver, trucking company and vehicle manufacturer could all be held accountable for an accident. The trucking industry also provides incentives that could encourage trucks to drive recklessly or even skip sleeping in order to make deliveries quickly.
These factors can prolong the time it takes to settle a truck crash claim. Injuries to the plaintiff can also affect how long it takes to receive compensation. Severe injuries often lead to higher settlement amounts, as opposed to minor injuries which may result in a smaller settlement.
Furthermore, the trucking company's insurance company will try to limit their liability by reducing the value of the claim. This is why it is crucial to find a seasoned truck accident lawyer as soon as you can. They will fight against these tactics of intimidation to ensure that you get the settlement that you deserve.
Additional documents, such as the black box's data and bill of lading, can also help determine who is at fault for the truck crash. These documents may show that the driver of the truck was reckless in his driving. They can also be used to determine if there was any involvement of the trucking company in the accident. The truck manufacturer could be accountable for the crash when they made a mistake with their product.
Statute of limitations
The statute of limitations defines the time frame you must start a lawsuit in the event of the cause of a crash. The length of time can differ by state and is based on the kind of accident you were involved in. You are given a general four-year period to file a personal injury suit, and a two-year window to file a wrongful death suit. An experienced attorney will guide you through the process and determine if you have an action.
Your personal injury lawyer will look over the area of the accident, interview witnesses, and look over medical documents, driver logbooks, employee files, and maintenance records to determine who was responsible for the crash. This can take some time so it's essential to begin this work promptly to protect the evidence.
The trucking company, as well as their insurance company will do all they can to stop paying you what you deserve. They may also attempt to minimize your injuries or even exaggerate the severity of your injuries. If they succeed it could delay settlement of your claim. You could be waiting for more than a full year for your settlement.
Your lawyer can ensure that the time limit does not expire before you are capable of settling your claim or bring it to trial. Some circumstances can override the statute of limitation like if you are minor and suffer from an intellectual disability.
Timeline
In the United States, there are tens of thousands of semi truck accidents every year that cause severe injuries and death. The law firms that specialize in these cases earn lots of money. The settlements made in 18 wheeler accidents have been in the millions of dollars and often, billions.
Due to the nature of trucking accidents an exhaustive investigation has to be conducted in order to properly determine the extent of liability and damages. The process can take several months to be completed. If there are multiple parties involved, it might take longer to reach an agreement on liability and damages.
To safeguard your interests it is vital to have a skilled trucking accident lawyer in your corner at the beginning of the process. An attorney can help you determine the amount of compensation you deserve. 18 wheeler accident claim westland can also ensure that the insurance company does not try to settle your claim as quickly as possible and is able to offer a fair price.
Attorneys typically operate on a contingent fee basis. They do not get paid until the case is won. They receive about 1/3 of any final settlement or court decision. They have to wait until the rest of their money is received before they can settle their bills and expenses.