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How Long Does It Take to File an 18 Wheeler Lawsuit?
If you've been involved in a collision with an 18-wheeler it is essential to hire a personal injury attorney that is familiar with the laws governing trucking and will assist you in obtaining the best possible settlement. A truck accident case can take anywhere between three months to two years to settle.
Finding out who is responsible for these types of accidents can be difficult, and multiple parties may be responsible for your losses. An experienced attorney can identify all responsible parties and make claims against each one of them.
Damages
Because of the much greater weight and size of a truck than the size of a car the accidents that involve 18-wheelers and other large commercial trucks often result in serious, even life-threatening injuries. These accidents can also cause much more substantial damage to property and vehicles. Therefore, the damages that are awarded in 18 wheeler accidents settlements and jury awards tend to be substantially higher than those awarded in a typical motor vehicle accident.
In many cases, multiple parties are accountable for an 18-wheeler accident. It could be the driver of the truck, whose negligence is usually the leading cause of these accidents. The trucking company they work for could be held responsible if it does not provide proper training or equipment to its drivers. The trucking company may also be liable if it encourages or rewards their drivers to break federal regulations on hours of service. The truck's manufacturer or its components is also liable if an auto defect causes an accident.
It is crucial to determine all parties responsible for the accident to secure an equitable and complete settlement. A knowledgeable attorney for 18-wheelers will investigate the case to determine which party is responsible for your accident and be prepared to seek compensation from each responsible party. In addition to pursuing financial losses, your lawyer may also pursue other damages, such as suffering and pain.
Liability
The legal process for truck accidents is more complicated than claims for car accidents. The truck driver, the trucking company and vehicle manufacturer can all be held responsible for an accident. The trucking industry also offers incentives which can encourage trucks to drive recklessly or even skip sleep to speed up deliveries.
These elements can impact the time required to settle a truck accident claim. Personal injuries to the plaintiff can also affect how long it takes to get compensation. The severity of injuries can result in a larger settlement amount than minor injuries.
The insurance company of the trucking company may also attempt to reduce its liability by reducing the amount of the claim. This is why it's important to engage an experienced truck accident lawyer as quickly as you can. They will take on these tactics of intimidation to make sure that you receive the compensation that you deserve.
Additional documents, like the black box's information and bill of lading aid in determining who is responsible for the accident on the truck. These documents may prove that the driver of the truck was driving recklessly. They can also be used to determine if there was any involvement of the trucking company in the incident. If the truck manufacturer was operating a vehicle that was defective and was responsible for the accident.
Statute of limitations
The statute of limitations defines the time frame you must file a lawsuit for an accident. This timeframe varies from state to state and is determined by the kind of accident you were involved in. In general there are four years to file an action for personal injury, and two years to file a wrongful death suit. A knowledgeable attorney will assist you through the process and determine if you have a claim.
The personal injury lawyer you hire will examine the accident scene, interview witnesses and review medical records. They will also look over the logbooks of employees, driver logbooks and maintenance records to determine who was at fault. This could take some time so it's essential to begin this work immediately to safeguard the evidence.
The trucking company and their insurance company will fight to stop paying you the amount you deserved. They may also try to downplay your injuries or even exaggerate the severity of your injuries. If they succeed this can delay the settling of your claim. If they succeed, you could be waiting for a settlement for a full year after your crash.
Your lawyer can make sure that the statute of limitation doesn't expire until you settle your claim or brought the matter to court. Some circumstances can override the statute of limitations like being a minor and have a mental disability.
Timeline
In the United States, there are hundreds of thousands of semi-truck accidents every year that result in fatal injuries and even death. These incidents are big business for the law firms that specialize in handling these. The settlements made in 18 wheeler accident cases have been in the millions of dollars, and often, billions of dollars.
Due to the nature of trucking accidents, it is essential to conduct a thorough investigation completed to determine the responsibility and damages. This procedure can take several months. If there are multiple parties involved, it may take longer to reach an agreement on liability and damages.
It is essential that a seasoned trucking accident lawyer is present early in the process to ensure that your best interests are being safeguarded. 18 wheeler accident attorney sioux falls can help determine the maximum amount of compensation you're entitled to. They can also ensure that the insurance company doesn't try to settle your claim fast and offers a fair amount.
Attorneys typically work on a contingency fee basis. They are not paid until the case is won. They get about one third of the final settlement or the court's decision. They must therefore wait until the rest of their funds arrive before they can pay their expenses and bills.