How Long Does it Take to Settle a Semi-truck Accident?
Semi-truck accidents often result from truck driver or trucking company negligence, such as speeding, driver fatigue, improper maintenance, or failing to follow safety regulations. These factors increase the risk of dangerous collisions.
Settling a semi-truck accident case can take several months or even years, depending upon the severity of injuries, the complexity of the case, and negotiations with insurance companies. If the case goes to trial, it may take longer.
An experienced Phoenix truck accident lawyer can gather evidence, investigate the cause of the accident, negotiate with insurers, and ensure fair compensation for medical bills, lost income, and pain and suffering. Their experience can speed up the process and protect the accident victim’s rights.
How Do Semi-truck Accidents Most Frequently Happen?
Semi-truck accidents often occur due to negligence by either the truck driver or the trucking company. Both the driver and the company have responsibilities to ensure safety on the road. When they ignore or mishandle these responsibilities, the risk of accidents increases dramatically.
Driver Negligence
Truck driver negligence is one of the leading causes of semi-truck collisions. Drivers are required to follow strict regulations regarding hours of service, rest periods, and traffic laws. However, many accidents occur when drivers are fatigued, distracted, or under the influence of drugs or alcohol. Driving while tired is particularly dangerous because fatigue slows reaction times and impairs decision-making, making it harder for drivers to respond quickly to changing road conditions. Speeding, failure to yield the right-of-way, and distracted driving (such as texting or using a phone) are also common forms of driver negligence that can result in crashes. Drivers who ignore safety protocols or take unnecessary risks can cause devastating accidents.
Trucking Company Negligence
Trucking companies also play a significant role in preventing crashes. They are responsible for maintaining their vehicles and ensuring that drivers are properly trained and follow safety regulations. When trucking companies neglect these duties, accidents are more likely to happen. For example, if a trucking company fails to regularly inspect or maintain a truck, mechanical failures such as brake failure or tire blowouts can lead to crashes. Furthermore, some companies pressure drivers to meet tight deadlines, which can lead to unsafe driving behaviors like speeding or driving for extended hours without adequate rest. Companies that cut corners to save money or maximize profits put everyone on the road at risk.
Other Factors
Other forms of negligence can also contribute to semi-truck collisions. Poor weather conditions or road hazards can be dangerous, but if a trucking company fails to train its drivers on how to handle these conditions safely, accidents are more likely. Inadequate cargo loading or failure to secure cargo properly can also cause accidents, such as shifting loads or debris falling off the truck.
Frequent Injuries in a Semi-truck Accident
Victims of semi-truck crashes often suffer severe injuries, many of which can result from truck driver or trucking company negligence. These accidents typically involve large, heavy vehicles, which can cause significant harm to smaller cars and their occupants. When the negligence of a truck driver or trucking company contributes to an accident, the injuries can be life-changing.
- Head and Brain Injuries – One of the most serious types of injuries victims can suffer is a head or brain injury. These injuries can range from concussions to traumatic brain injuries (TBIs), which can have long-term effects on a person’s cognitive function, memory, and ability to perform everyday tasks. Head injuries often occur when debris strikes the victim, or the victim hits their head on the dashboard or windshield or is violently jolted during the crash.
- Spinal Cord Injuries – Spinal cord injuries are another frequent result of semi-truck accidents. These injuries can cause partial or complete paralysis, depending on the location and severity of the injury. Victims may suffer from mobility issues, loss of sensation, and a reduced quality of life. The violent impact of a crash or being ejected from a vehicle frequently causes spinal injuries.
- Broken Bones and Fractures – Broken bones and fractures are common in semi-truck accidents due to the immense force of the collision. Victims may suffer from broken limbs, ribs, or pelvis, which can require surgery and long periods of recovery. In more severe cases, broken bones can lead to permanent disabilities, particularly if the bones fail to heal properly.
- Internal Injuries – Internal injuries, such as damage to organs or internal bleeding, are also common in serious truck crashes. Victims may suffer from ruptured spleens, punctured lungs, or torn arteries, all of which require immediate medical attention. These injuries can be difficult to detect immediately, making prompt treatment critical.
- Psychological Trauma – In addition to physical injuries, many victims of truck accidents experience psychological trauma. Post-traumatic stress disorder (PTSD), anxiety, and depression are common among those who have survived such traumatic events. The emotional effect of surviving an accident can last long after physical recovery.
Proving Negligence in a Semi-Truck Accident Case
Proving that a truck driver or trucking company was negligent in a semi-truck accident requires gathering evidence and demonstrating that either the driver or the company failed to uphold their duty of care. Negligence occurs when someone does not take the proper precautions to avoid causing harm to others, and in the case of semi-truck accidents, negligence can result from both driver behavior and company practices.
Establishing Duty of Care
The first step in proving negligence is showing that the truck driver or trucking company had a duty of care. Duty of care means that they were responsible for following safety regulations and ensuring the safety of others on the road. Truck drivers have a responsibility to obey traffic laws, follow hours-of-service regulations, and ensure their trucks are in safe operating condition. Trucking companies must ensure their drivers are properly trained, maintain their vehicles, and not pressure drivers to work unsafe hours.
Identifying Breach of Duty
Once the duty of care is established, the next step is to show that the truck driver or trucking company breached that duty. For example, a truck driver may have been speeding, driving under the influence of alcohol or drugs, or failing to get enough rest before driving. Similarly, a trucking company can be found negligent if they failed to maintain the truck, ignored safety inspections, or pressured drivers to meet tight deadlines. Evidence of breach can be found through accident reports, driver logs, witness testimony, and expert analysis.
Causation
To prove negligence, you must show that the driver’s or company’s actions directly caused the accident, which means linking the breach of duty to the crash itself. For example, if a driver was speeding and caused a collision, their speeding would be directly responsible for the accident. If the trucking company neglected to maintain the truck’s brakes and they failed during the crash, the company’s failure to maintain the vehicle can be the cause. Expert witnesses, such as accident reconstruction specialists, can help establish causation.
Damages
Finally, to prove negligence, the victim must show that they suffered damages as a result of the accident. These damages can include medical bills, lost income, pain and suffering, and property damage. Evidence such as medical records, financial statements, and testimony from the victim or their family can demonstrate the extent of the harm the accident caused.
Detailed evidence and expert testimony are essential in supporting claims of negligence.
Factors That Determine How Long It Takes To Settle a Semi-truck Accident Case
The length of time to settle a semi-truck accident case where negligence is involved depends on several key factors. These factors can vary widely depending on the specifics of the case, the severity of the injuries, and the legal issues surrounding the accident.
- Severity of Injuries – The most significant factor in determining how long it takes to settle a semi-truck accident case is the severity of the victim’s injuries. If the injuries are severe, the victim may need extensive medical treatment and rehabilitation, which can take months or even years. In these cases, settlement is often delayed until the full extent of the injuries is understood. This delay allows the victim and their attorney to calculate all future medical costs, lost income, and other long-term effects of the injuries, ensuring that the settlement covers all expenses.
- Investigation and Gathering Evidence – Accident investigations can be time-consuming, especially in truck accident cases. Proving negligence requires gathering a significant amount of evidence, including accident reports, driver logs, maintenance records, witness testimony, and expert opinions. The process of reviewing the truck driver’s and trucking company’s practices can be complicated, especially if the company is trying to downplay its responsibility. This thorough investigation can take weeks or months, depending on how difficult it is to obtain the necessary evidence.
- Insurance Companies and Negotiations – Insurance companies play a major role in the settlement process. The trucking company’s insurer may try to minimize the amount paid out or dispute the level of negligence. Negotiating a fair settlement often involves back-and-forth discussions between the victim’s attorney and the insurance adjusters. If the insurance company is unwilling to offer a reasonable settlement, the case may go to court, which can further extend the timeline.
- Legal Complexity – Semi-truck accident cases often involve multiple parties, including the driver, the trucking company, the vehicle manufacturer, and even third-party contractors. The involvement of various parties can make the case more legally complicated and may require additional time to resolve.
- Court Backlog – If the case cannot be settled outside of court and goes to trial, the process can take even longer. Court backlogs and scheduling delays can lead to significant delays in setting a trial date. Legal battles can stretch out for months or even years, especially if either party decides to appeal the decision.
Settlement Damages Following a Semi-truck Accident
In a semi-truck accident case, victims who suffered an injury due to negligence can recover several types of damages as part of a settlement. These damages are designed to compensate for the financial losses and suffering caused by the accident. The types of damages that can be recovered often depend on the specifics of the case, including the severity of the injuries, the effect on the victim’s life, and the level of negligence involved.
Medical Expenses
One of the most common types of damages recovered in a semi-truck accident case is compensation for medical expenses. This compensation includes the cost of emergency treatment, hospital stays, surgeries, doctor’s visits, physical therapy, and any future medical care that may be required due to the accident. If the victim’s injuries are severe and require long-term care, such as ongoing rehabilitation or home healthcare, those costs may also be included in the settlement.
Lost Income
If the accident leaves the victim unable to work, they may be entitled to recover lost earnings. Lost earnings can include income the victim lost during their recovery period, as well as any future income they may lose if their injuries prevent them from returning to work in the same capacity or at all. Lost earning potential, especially in cases where the victim’s ability to work long-term is impaired, may also be part of the settlement.
Pain and Suffering
Pain and suffering damages are intended to compensate victims for the physical pain and emotional distress they endure due to the collision. These damages account for the pain associated with the injury itself, as well as the emotional effects, such as anxiety, depression, or PTSD. Pain and suffering are subjective and can vary based on the severity of the injuries and the long-term repercussions on the victim’s life.
Property Damage
Victims may also recover damages for property damage, such as the cost of repairing or replacing their vehicle if it was damaged in the crash. In cases where personal property, such as electronics or belongings inside the vehicle, was destroyed, these items can be included in the settlement as well.
Loss of Consortium
If the injuries affect the victim’s relationship with their spouse, they may be entitled to recover damages for loss of consortium. Loss of consortium refers to the loss of companionship, intimacy, and support that the victim’s spouse experiences as a result of the accident.
Contact an Experienced Truck Accident Attorney Right Away
If you recently suffered injuries in a semi-truck accident that resulted from someone else’s negligence, you may be entitled to compensation for your various damages. A skilled Phoenix personal injury lawyer can explore your legal options and pursue the settlement or litigation compensation you deserve as quickly and efficiently as possible.