How Long Does an 18-Wheeler Lawsuit Take?
This post was brought to you by Regan Zambri Long – Personal Injury Lawyer
How Long Does an 18-Wheeler Lawsuit Take?
After a devastating 18-wheeler accident, the legal process may feel like another uphill battle. Unlike minor car accidents, lawsuits involving commercial trucks are rarely straightforward. Multiple parties—truck drivers, trucking companies, insurers, and even manufacturers—can be involved, making the timeline unpredictable. While you may hope for a quick resolution, trucking accident cases often require extensive investigations, negotiations, and sometimes even court trials. The time it takes to settle or win your case depends on many factors, and understanding these can help set realistic expectations as you seek justice. More about our truck accident lawyer in Washington here.
How Long Does an 18-Wheeler Lawsuit Take?
Truck accident lawsuits can take up-to two years to reach a conclusion.
Here’s a general breakdown of the timeline:
- Settlement Cases (6 to 12 months) – If liability is clear and the insurance company offers a fair settlement, the case may be resolved within a year.
- Litigation Cases (12 to 24+ months) – If negotiations stall or the insurance company disputes liability, the case may proceed to trial, which can take well over a year.
- Complex Cases (2+ years) – The lawsuit can take even longer if multiple parties are involved or extensive investigations are required.
Factors That Affect the Timeline of an 18-Wheeler Lawsuit
Severity of Injuries and Medical Treatment
The extent of injuries sustained in a truck accident plays a crucial role in how long the lawsuit takes. Cases involving severe injuries, such as spinal cord damage, traumatic brain injuries, or permanent disabilities, require more time because medical treatment must reach a point of maximum medical improvement (MMI) before determining full damages. If future surgeries or long-term rehabilitation are needed, attorneys may delay settlement negotiations to ensure the victim receives fair compensation.
Liability and Disputed Fault
Trucking companies and insurers often dispute liability in an 18-wheeler accident to avoid large payouts. Establishing who is at fault can take months if multiple parties are involved, such as the truck driver, trucking company, cargo loaders, or truck manufacturers. If liability is contested, accident reconstruction specialists and forensic investigators may need to analyze crash data, vehicle damage, and black box recordings. This can further extend the case timeline.
Trucking Company and Insurance Tactics
Trucking companies and insurers often delay claims to pressure victims into accepting lowball settlements. Some insurers intentionally drag out negotiations, requesting excessive documentation or disputing medical costs to frustrate claimants. Additionally, if the trucking company is a large corporation with a team of attorneys, they may try to extend legal proceedings, knowing that victims in financial distress might settle for less.
Federal and State Trucking Regulations
Unlike standard car accidents, 18-wheeler crashes involve complex federal and state trucking laws. The Federal Motor Carrier Safety Administration (FMCSA) sets strict guidelines on truck maintenance, driver work hours, cargo loading, and safety inspections. If violations contributed to the accident, attorneys must gather trucking logs, maintenance records, and driver background checks, all of which take time to obtain through legal requests and subpoenas.
Settlement vs. Litigation
Many truck accident cases are settled out of court through negotiations. If both parties agree on a fair settlement, the process can be completed in 6 to 12 months. However, if the insurance company refuses to offer adequate compensation, the case may proceed to litigation. Going to trial extends the lawsuit by involving discovery, depositions, motions, court scheduling, and possibly an appeal.
Availability of Evidence
Strong evidence can speed up an 18-wheeler lawsuit while missing or disputed evidence can prolong it. Key pieces of evidence include police reports, surveillance footage, black box data, medical records, witness statements, and accident reconstructions. The case may take longer if crucial evidence is delayed, such as waiting for medical reports or expert witness testimony.
Jurisdiction and Court Backlogs
The location where the lawsuit is filed can affect the timeline. Some jurisdictions have busy court systems with months-long backlogs, delaying trial dates. If the case is filed in a federal court due to the trucking company operating across state lines, additional legal procedures may apply, further extending the process. The availability of judges and court schedules also impacts how quickly a lawsuit moves forward.
Can You Speed Up the Process?
While an 18-wheeler lawsuit follows its timeline, there are strategic steps you can take to prevent unnecessary delays and move the process along efficiently. This includes:
Act Fast with Medical Treatment
Insurance companies scrutinize gaps in treatment, often arguing that delayed care means your injuries weren’t serious. Seeking prompt medical evaluation establishes a clear connection between the accident and your injuries. This reduces the chances of disputes that could prolong your case.
Secure Evidence Before It Disappears
The trucking industry moves fast—so does evidence. Crucial data like black box recordings, driver logs, and vehicle maintenance records can be erased or overwritten if not preserved in time. Your attorney can send a spoliation letter to ensure these records are protected. Additionally, witness accounts are more reliable when collected immediately, making early investigation essential.
Choose a Competent Truck Accident Lawyer
Not all personal injury lawyers handle complex truck accident cases. Hiring an attorney with specific experience in trucking litigation means they already know the loopholes insurers use to stall and how to counteract them. They also have access to expert witnesses who can provide testimony on liability, industry regulations, and accident reconstruction, helping to resolve disputes faster.
Avoid Common Pitfalls That Cause Delays
One of the biggest mistakes victims make is speaking with insurance adjusters without legal guidance. Adjusters are trained to get statements that shift blame or minimize injuries, which can create disputes that drag out settlement talks. Let your lawyer handle all communication to prevent these roadblocks.
Additionally, missing legal deadlines or failing to provide requested documentation on time can stall your case. Stay in regular contact with your attorney, respond to requests promptly, and keep detailed records of your expenses and medical treatments.
Consider Alternative Resolution Methods
Not every truck accident case has to go to trial. Mediation or arbitration can sometimes lead to a faster resolution while still ensuring fair compensation. However, this should only be considered if the trucking company or insurer makes a reasonable offer. Your lawyer can assess whether settling or pushing forward with litigation is in your best interest.
Be Prepared for the Long Game if Necessary
While it’s tempting to rush a settlement, quick resolutions often favor the insurance company, not the victim. Trucking companies have strong legal teams that aim to protect their bottom line, and they may drag negotiations out, hoping you’ll accept a lowball offer. Patience and persistence—combined with a solid legal strategy—can result in higher compensation in the long run.
When to Expect Compensation After a Truck Accident Lawsuit?
The timeline for receiving compensation after a truck accident lawsuit varies based on whether the case settles or goes to trial.
- Settlement Cases: If both parties agree on a settlement, compensation is typically paid within a few weeks to a few months after signing the agreement. The insurance company processes the payment, deducting any legal fees, medical liens, or other costs before disbursing your final amount.
- Trial Cases: If your case goes to court, expect a longer wait. Trials can take several months to years, and even after a verdict, the defendant may file appeals, delaying payment further. Once all appeals are resolved, the compensation process begins.
- Structured Settlements: Sometimes, payments are made over time rather than in a lump sum, depending on the settlement terms.
Understanding the Legal Journey
An 18-wheeler lawsuit takes time, but knowing what to expect can help you stay prepared. From medical evaluations to negotiations and possible court battles, each step impacts how long it takes to resolve your case. While settlements can wrap up within a year, complex cases often stretch beyond that. Choosing the right legal team, gathering evidence early, and staying patient can make a difference in securing the compensation you require.
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