Truck Accident Case Timeline And Strategies (2026)
- How Long Does It Take to Settle a Truck Accident Case?
- Why Truck Accident Cases Are More Complex Than Car Accidents
- Critical Evidence Needed to Win Your Truck Accident Case
- How Fault Is Proven in Truck Accident Cases
- What Damages Can You Recover in a Truck Accident Case?
- Why Most Truck Accident Cases Settle Out of Court
- Steps to Take After a Truck Accident to Protect Your Case
- Get Matched With an Experienced Truck Accident Attorney
Summary
- Truck accident cases often raise complicated issues with fault and evidence
- Trucking companies have the resources to fight crash claims aggressively
- Numerous factors can affect the timeline and strategies for your case
While the same legal principles apply to truck accidents as other vehicle collisions, you may face unique issues in your truck accident case that rarely arise in car crash cases. As a result, the expected timeline and the strategies your lawyer will use for your case may differ significantly from those of car accidents.
Here’s what you can expect from the process if you were hurt in one of these crashes and need to file a claim.
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How Long Does It Take to Settle a Truck Accident Case?
There is no standard time for settling a truck crash case. However, a truck accident claim will often take longer than a comparable car accident claim.
Specifically, the average truck accident settlement will often take at least a few months, up to a year or longer to reach. By contrast, a car accident could be resolved as quickly as a few weeks to a few months.
Why Truck Accident Cases Are More Complex Than Car Accidents
The timeline for truck accident cases can be lengthy for several reasons. For one, truck accidents can result from a wider variety of causes, such as equipment failures, improper loading and driving errors, so they can take longer to investigate and analyze. In many situations, both sides will need expert witnesses to identify the cause.
Trucking companies also usually have the resources to fight personal injury lawsuits aggressively. That can involve hiring lawyers with extensive resources who won’t back down easily.
Additionally, truck crash injuries are often more serious than those caused by car crashes. This means that truck crash victims tend to have greater losses. As a result, trucking companies, as well as their insurers and sureties, may have more at stake and a greater incentive to fight.
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Critical Evidence Needed to Win Your Truck Accident Case
Truck crash victims have the burden of proving the trucking company’s liability. In other words, you and your lawyer will need evidence showing how the crash occurred and why the trucking company is responsible for it.
For example, suppose the investigating officers determine that a crash happened when the truck lost its load. Your attorney must identify who was legally responsible for the lost load by asking key questions like these:
- Did the driver inspect the load before driving?
- Was the load properly balanced and secured?
- Did the tie-downs fail?
- Did the trucking company use the right equipment for the load?
- Did the driver do something, like swerve, that caused the load to shift?
- Were the vehicle, trailer and tie-downs reasonably maintained?
In that vein, evidence that your lawyer might gather to build your truck crash case could include:
- Eyewitness testimony
- Expert witness analysis
- Physical evidence
- Photos and videos of the crash scene
- Maintenance logs
- Drug and alcohol testing results
Your lawyer can use this evidence to effectively demonstrate fault for the truck crash.
How Fault Is Proven in Truck Accident Cases
In most cases, your lawyer proves fault by showing that the truck driver or trucking company acted negligently. To establish negligence, the evidence must show that the driver or company failed to act with reasonable caution and care.
Importantly, companies are typically liable for their employees’ negligent actions. Thus, if you prove the driver was negligent due to a traffic violation, their employer may bear the liability for that act. Since the company probably has more resources than the driver, this doctrine, called respondeat superior, generally allows the victim to seek full compensation.
Additionally, companies are liable for their own negligence. Imagine the crash occurred because the driver was intoxicated. Even if the company is not vicariously liable for the driver’s drunkenness, it may be liable for hiring a driver with a history of alcohol abuse or allowing a visibly impaired driver to drive a load.
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What Damages Can You Recover in a Truck Accident Case?
You can seek compensation for both your economic and non-economic losses. Economic losses include all financial expenses and income losses, such as medical bills and missed paychecks. Non-economic losses cover pain, suffering, disability and other non-financial costs of your injuries.
Trucking companies are required to carry substantial insurance policies or surety bonds to cover the potential losses after a crash. For example, a company that only carries non-hazardous materials must have at least $750,000 in coverage. Companies that carry hazardous material have even higher requirements.
Why Most Truck Accident Cases Settle Out of Court
Truck accident claims, like most personal injury cases, usually settle before trial. Insurers know that jurors can hit them with large verdicts. As a result, they will often negotiate a settlement to avoid the courtroom.
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Steps to Take After a Truck Accident to Protect Your Case
After your collision, document the crash with photos and videos, if possible. You’ll also want to visit an emergency room or a doctor’s office to establish a record of your injuries. Finally, make sure to contact a lawyer promptly to avoid any issues with your state’s statute of limitations.
Get Matched With an Experienced Truck Accident Attorney
Trucking companies often have extensive resources available to protect their rights. To level the playing field, it’s vital that you hire an attorney who can advocate for you at every step. But how can you find one?
ConsumerShield connects injured people nationwide with vetted local attorneys. Contact us today for a free case evaluation.
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Truck Accident Knowledge Base
Read the latest information on Truck Accident and find answers to your questions. Currently there are 13 topics about Truck Accident Claims.
Settlement Negotiation
Sue Truck-Driver
Legal Steps
18-Wheeler Claim
Left Lane Law
Frequently Asked Questions
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From the accident victim’s perspective, sureties that issue surety bonds are equivalent to insurers that issue insurance policies. After you file a claim, both insurers and sureties assign the case to a claims adjuster for investigation. If the trucking company is liable, the adjuster negotiates a claim settlement.
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A truck accident lawyer will typically charge a contingency fee, which means you pay a fixed percentage of the settlement or damage award at the end of the case. You do not pay anything up front, and you owe no fees if the lawyer loses. A typical percentage is between 33% and 40%.