May 4, 2022 | Truck Accidents
Accident claims involving 18-wheelers are more complex than the average car accident case. For that reason, it takes more time to settle a truck accident case than it does to settle other vehicle accident claims.
Hiring an experienced Oklahoma City truck accident lawyer can help speed up the settlement process. An attorney monitors the progress of the insurance claim to avoid unnecessary delays by the insurance company or trucking company.
What Factors Impact the Settlement Timeline for a Truck Accident Case?
Numerous factors can impact how long it takes to settle an 18-wheeler truck accident claim. Those factors include:
The Duration of Your Recovery
The severity and type of injuries sustained in a large truck accident can impact how long it takes to resolve your claim. You do not want to settle a truck accident claim until you complete medical treatment. Treatment for catastrophic injuries could take months or more than a year to complete.
Common truck accident injuries include:
- Loss of limbs and amputations
- Traumatic brain injuries
- Internal organ damage
- Loss of bodily functions
- Spinal cord injuries
- Multiple fractures and broken bones
- Back and neck injuries
- Soft tissue injuries
- Crushing injuries
- Severe disfigurement and scarring
Your doctor will release you from care when you reach maximum medical improvement (MMI). Some accident victims fully recover from their injuries. However, other victims may reach MMI, but they have impairments or disabling conditions.
Impairments and disabilities often result in future damages. Therefore, your attorney must know whether you sustained permanent impairments before calculating the value of your damages. For example, a permanent impairment could result in diminished earning potential, ongoing medical care, and long-term nursing care.
Conducting a Truck Accident Investigation
To recover damages from an at-fault party, you have the burden of proving that they caused the truck accident. That party would then be responsible for your damages.
Truck accident investigations can take months to complete. Your lawyer may need to hire accident reconstructionists, engineers, trucking experts, and other expert witnesses to assist with the investigation.
Also, your attorney needs to monitor the investigations by law enforcement officials and government entities. Those accident reports can contain evidence that helps prove who was responsible for the cause of the truck accident.
Many factors can contribute to the cause of an 18-wheeler accident.
Common factors that cause a semi-truck accident include:
- Lack of driving experience and training
- Reckless and distracted driving
- Speeding and road rage
- Fatigued and drowsy driving
- Lack of truck maintenance
- Improperly secured loads and overloaded trucks
- Driving under the influence of alcohol and/or drugs
- Poorly designed intersections and defective roads
- Faulty truck parts and/or repairs
Several parties may share liability for a truck accident. For example, the truck driver and trucking company might be at fault. However, a loader, shipper, or maintenance facility could also share liability for a truck crash.
Other Factors That Impact the Timeline to Settle an 18-Wheeler Accident Claim
Other factors that could impact the timeline to settle a semi-truck accident claim include:
- The parties involved in the case
- The willingness of the insurance company to negotiate a fair settlement
- Lack of evidence proving fault for the truck crash
- Multiple vehicle truck crashes
- The court’s schedule if a lawsuit is filed
- Allegations of comparative negligence
If the trucking company refuses to agree to a fair settlement, your lawyer might recommend filing a lawsuit. A truck accident lawsuit could take more than a year to go to trial from the date you file the complaint. However, there still could be a chance that the other parties will negotiate a fair settlement so that you do not need to go to court for a truck accident claim.
What Types of Damages Can I Recover for an 18-Wheeler Accident Claim?
Generally, truck accident victims may recover economic damages for financial losses including, but not limited to:
- Loss of income and benefits
- Medical bills and expenses
- Diminished earning potential
- Travel expenses
- Cost of physical, occupational, and other therapies
- Out-of-pocket expenses
- Future lost wages
- Medications, medical devices, and medical equipment
If you need to modify your home or car for a permanent impairment, you might be able to claim that amount as a financial loss.
In addition to your financial losses, you can receive compensation for your non-economic damages.
Those damages include:
- Loss of enjoyment of life
- Pain and suffering caused by physical injuries
- Diminished quality of life
- Emotional distress
- Permanent impairments and disabilities
- Mental anguish
- Scarring and disfigurement
It is difficult to put a price on a person’s pain and suffering. However, the more severe the injuries and the greater the impact on a person’s life, the higher the value of pain and suffering damages.
Experienced truck accident attorneys calculate the maximum value for your claim and fight to get you that amount.
Contact the Oklahoma City Truck Accident Lawyers at McGuire Law Firm Today for Free Consultation
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