An accident involving a tractor-trailer or other commercial truck can be very traumatic. Afterwards, it is natural to feel overwhelmed and stressed. You likely want to put the entire incident behind you.
It is important to remain patient during this time, particularly if you are filing a lawsuit to claim damages for your medical expenses, pain and suffering, and other losses. Many accident victims wonder how long an 18-wheeler accident takes.
These accidents are complex, and so, they take some time to settle. Most 18-wheeler lawsuits take between six months and one year or more to settle. However, many factors can impact the timeline of any case. Below, our West Virginia truck accident lawyer explains what these are.
Severity of Your Injuries
When wondering how long a truck accident lawsuit will take, it is important to consider that 18-wheeler accidents can cause some of the most severe injuries. It is not unlikely that you will suffer catastrophic injuries such as broken bones, traumatic brain injuries, paralysis, and more. The more severe your injuries are, the longer it will take for you to recover. Your personal injury claim should not be settled until you have reached maximum medical improvement. This means that while your injuries will not get any better, they also will not become worse.
After you reach maximum medical improvement, you will understand the full severity of your injuries. You will also have a better understanding of the costs to treat them and how long it will take for you to recover. Due to this, the longer it will take for you to recover, the longer it will take to settle your 18-wheeler lawsuit.
Disputes of Fault in West Virginia
There are many different causes of 18-wheeler accidents, and it is not uncommon for multiple parties to be at fault. Some of the most common causes of truck accidents are speeding, improper loading of cargo, truck driver fatigue, distracted driving, and more. In addition to the common causes of truck accidents, multiple parties may be at fault. The potentially liable parties in truck accidents can include truck drivers, trucking companies, third parties such as loading companies, manufacturers, and government entities.
Due to the fact that there are so many potentially liable parties, it is extremely complex to determine who is at fault for a truck accident. This can add to the length of time it takes to settle your case. Additionally, one or more of the liable parties may also blame you for the accident. This can make things much more difficult, and it will take longer to prove your case and that you are not at fault.
Under the comparative fault law found in the West Virginia Code §55-7-13a, allegations of fault can greatly hurt your case. Under this law, you cannot receive any compensation if you are found to be more than 50 percent at fault for the crash. Even if you are found to be partly at fault, but your contribution to the crash does not exceed 50 percent, any damages you receive will be reduced by the same percentage of fault. For this reason, it is critical that you obtain skilled counsel to fight back against these claims so you obtain full damages.
Federal and State Law in West Virginia
Motorists are typically aware of the state law that governs car accidents. For example, most drivers know that if they are involved in a crash caused by someone else, they can file a claim against the negligent driver’s insurance company. However, truck accidents do not only involve state law, but federal law, as well.
For example, the Federal Motor Carrier Safety Administration (FMCSA) has implemented an hours-of-service rule for truck drivers, regulating how long they can be on the road at one time. The FMCSA also outlines rules for truck inspections, maintenance, and more.
When a violation of any federal law contributes to an accident, it can take longer to investigate, which can add time to your claim. Still, obtaining evidence of the violation is critical for your case and can ensure that you receive the full damages you are entitled to.
Collection of Evidence
The evidence used in truck accident cases can greatly differ from the evidence used in car crash cases. This evidence includes the truck’s black box, or electronic control module, safety records, maintenance records, and employment records from the trucking company. Collecting all of this evidence is critical, as it can help prove your case. However, collecting this evidence also takes time, which can often result in truck accident cases taking longer than those of car crashes.
Negotiations
In the days and sometimes moments following a crash, the insurance company may contact you to offer you a settlement. They are hoping that you are so happy to receive any compensation at all that you accept the first offer they make. Unfortunately, many people do accept these first offers.
The first offer made by an insurance company is never enough to fully cover the cost of your injuries. Insurance adjusters prioritize the company’s bottom line over your safety and well-being.
Their job is to settle your claim for as little as possible. It is important to speak to a West Virginia truck accident lawyer who can negotiate on your behalf. Even when working with an attorney, these negotiations can take several months before a fair agreement is reached.
Trial
Fortunately, the vast majority of truck accident lawsuits are settled out of court. Still, there are times when accident victims have to go to trial to uphold their rights and obtain the maximum damages they deserve. If your case goes to trial, it will take much longer to resolve than settling out of court.
A trial can take a year or longer after the accident before a verdict or jury decision is reached.
Our Truck Accident Lawyer in West Virginia Can Help
Lawsuits involving 18-wheelers can take a significant amount of time to settle. Working with a West Virginia truck accident lawyer can help. At Kaufman & McPherson, PLLC, our experienced attorney can help you overcome the common challenges that arise, ensure everything is filed properly, and handle other legal details to ensure that your case proceeds as quickly and smoothly as possible. If you live in ZIP codes 24740, 25301, 26501, or anywhere else in West Virginia, contact us to schedule a free case evaluation and to learn more about how we can help.
