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How Long Does It Take to File an 18 Wheeler Lawsuit?
If you're involved in a crash with an 18-wheeler you'll need an injury lawyer who understands trucking law and can help you get the best possible settlement. A truck accident case could take anywhere between three months to two years to settle.
The process of determining fault in these incidents can be a challenge and multiple parties could be responsible for the damages. An experienced lawyer can pinpoint all responsible parties and seek claims against each of them.
Damages
Accidents involving 18-wheelers and other commercial trucks that are large can cause serious, life-threatening injuries. This is due to the weight and size of a truck being much bigger than a standard passenger car. They also usually cause much more substantial damage to property and vehicles. This is why the damages paid out by juries as well as settlements in 18 wheeler crashes are usually much greater than those given for a normal motor vehicle accident.
In many cases, multiple parties are accountable for a crash involving an 18-wheeler. This could include the truck driver and his negligence is typically the main cause of these accidents. The trucking company that they work for may also be held accountable if the company does not provide proper training or equipment for their drivers. Additionally, the trucking company can be held accountable for incentivizing or encouraging their drivers to go over the federal regulations on hours of service. Finally, the manufacturer of the truck or its components could be held accountable for an auto defect that causes an accident.
It is important to identify the parties accountable for the accident in order to negotiate a fair and full settlement. A skilled 18-wheeler lawyer will investigate the case to determine which party is responsible for your accident and be prepared to seek compensation from each responsible party. Your lawyer can pursue non-economic damages such as pain and discomfort as well as financial losses.
Liability
Truck accident cases are much more complicated than standard car accident claims. The truck driver, the trucking company, and even the manufacturer of the vehicle can all be held responsible for an accident. Additionally, the trucking industry has incentives that can cause trucks to be reckless and even sleepless to make deliveries on time.
These elements can influence the time required to settle an accident claim. The plaintiff's injuries also influence the length of time it will take to receive compensation. In the case of severe injuries, they often result in larger settlement amounts as opposed to minor injuries that may only result in a lower settlement.
Additionally, the trucking company's insurance provider will attempt to reduce their liability by decreasing the value of the claim. This is why it's essential to get a skilled truck accident lawyer as quickly as you can. They will combat these intimidation tactics in order to get you the money you deserve.
Additional documents, like the black box's information and bill of lading, can assist in determining who was responsible for the accident on the truck. These documents may prove that the driver of the truck was reckless in his driving. 18 wheeler accident lawyer san jose can also be used to determine the extent of involvement by the trucking company in the crash. If the truck manufacturer manufactured a vehicle that was defective and was responsible for the crash.
Statute of limitations
The statute of limitations defines the period of time that you can bring a lawsuit following an auto accident. The length of time can differ by state and is contingent on the type accident you were involved in. There is a four-year time frame to file a personal injury suit and a two-year period to file a wrongful-death suit. An experienced lawyer will assist you through the process and determine whether you have an action.
The personal injury lawyer you hire will investigate the scene of the accident and interview witnesses. They will also look over medical records. They will also review driver logbooks, employee records and maintenance records to determine who was responsible for the accident. This could take a significant amount of time, so it is crucial to begin the process as soon as you can to ensure the integrity of evidence.
The trucking company and their insurance provider will fight to deny you the amount you deserved. They might also try to minimize your injuries, or even exaggerate them. If they are successful, it can delay the settling of your claim. Ultimately, you may be waiting for a settlement for more than a year after the accident.
Your lawyer can ensure that the statute of limitations will not expire before you're able to settle your claim or take it to trial. Certain circumstances may extend the statute of limitations for instance, when you are minor and suffer from mental disabilities.
Timeline
In the United States, there are tens of thousands of semi truck accidents each year that result in fatal injuries and even death. The law firms that specialize in these incidents earn huge sums of money. Settlements in 18-wheeler accident cases can reach millions and even billions of dollars.
A thorough investigation is required due to the nature and severity of trucking accidents. This process can take up to several months. If there are multiple parties involved, it might take longer to reach an agreement on damages and liability.
It is essential that a seasoned trucking accident attorney is in place early on to ensure that your interests are being safeguarded. A lawyer can help you in determining the highest amount of compensation you're entitled. They can also make sure that the insurance company isn't trying to pay your claim too fast and that they're offering an amount that is fair.
Attorneys generally operate on a contingency fee basis. They do not get paid until the case is won. They receive about 1/3 of any final settlement or judgment of the court. They must therefore wait until the rest of their money is available before they can pay their expenses and bills.