You’ve been in a truck accident and are now searching for answers. Maybe you’ve researched “How long do truck accident claims take to settle?” on Google and found yourself wading through generic advice that doesn’t actually help.
At Gonzalez & Jones, we know how frustrating this is. You want real answers, not vague timelines. Let’s discuss the key factors affecting how long a truck accident claim might take in California.
For inquiries and a complimentary consultation, please call us today at (408) 848-2208 or contact us online.
Truck Accident Lawsuit Timeline
Picture your truck accident claim as a football game. Each phase is critical in moving your case along the truck accident lawsuit timeline. Here’s a play-by-play of what you can expect.
First Quarter: Medical Treatment
The kickoff is taking care of your health. Even if you feel fine, some injuries—like whiplash or concussions—don’t always show up right away. Keep those appointments, follow your doctor’s game plan, and keep track of all your medical expenses—these records are your playbook.
Second Quarter: Investigate the Accident
This is where evidence gathering comes in. Think of it as reviewing game footage. Police reports, photos from the scene, witness statements, and the truck driver’s logs all help piece together what happened. Was the truck properly maintained? Was the driver fatigued? These details are vital to building a solid case along the timeline.
Halftime: Notify the Insurance Company
The next step is to file a claim with the trucking company’s insurer. Be prepared—they may try to minimize the claim or shift responsibility. Working with someone who knows how to counter their tactics is key to keeping your lawsuit timeline on track.
Third Quarter: Negotiate a Settlement
This is where your attorney comes in to negotiate with the insurance adjuster. Think of your attorney as your quarterback, calling the plays and leading the charge. They’ll present the evidence, argue for fair compensation, and try to reach a settlement that covers your medical bills, lost wages, and other damages.
Fourth Quarter: File a Lawsuit (If Needed)
Your attorney may recommend filing a lawsuit if the insurance company isn’t playing fair and a reasonable settlement can’t be reached. This process might involve exchanging information with the other side, questioning witnesses, and possibly even going to trial. You’ll want a strong team on your side for this final showdown.
What Can Speed Up or Slow Down Your Truck Accident Claim?
The answer to: How long does it take to settle a semi truck accident? depends on several factors. Like a football game, the timeline can shift based on the plays and decisions made during your case. Here are some factors that might affect the timing:
Injury Recovery Time
If your injuries are severe, it can take time to understand the care and treatment you’ll need. You may have to wait until you’ve recovered as much as possible before deciding on a settlement. For example, ongoing physical therapy or surgeries could affect the amount you’re entitled to, which can extend the timeline for a semi-truck accident settlement.
Liability Disputes
Sometimes, the trucking company or their insurance provider might try to shift the blame or deny responsibility. If they argue that you share fault or claim another party was liable, gathering evidence to prove otherwise could take longer. Countering these arguments might include gathering witness statements, accident scene photos, or expert opinions supporting your claim.
Multiple Parties
Truck accidents often involve more than just the driver and you. Additional parties may include the trucking company, cargo owners, or even manufacturers of defective parts. Each party brings its own insurance and legal team, which can add time to negotiations, especially if the fault is shared.
Insurance Tactics
Insurance companies don’t always play fair. They might stall by requesting unnecessary paperwork or making offers far below what you’re owed. These delays can stretch the timeline, but having an experienced truck accident attorney on your team who knows how to push back can help keep things moving.
Going to Trial
If a fair settlement can’t be reached, your case may end up in court. Trials often take extra time, as you will be at the mercy of the court’s calendar. While trials aren’t always necessary, they can be the best way to resolve a case when negotiations stall.
How Do Truck Accident Lawsuits Work in California?
To understand how truck accident lawsuits work in California, being familiar with two key rules can help you understand how the legal process shapes the game plan:
- Comparative negligence. California follows a pure comparative negligence system, meaning you can still recover compensation even if you share some responsibility for the accident. However, your recovery will be reduced based on your share of fault.
- Statute of limitations. You generally have two years from the date of the accident to file a lawsuit. Missing this deadline is like running out of time on the clock—you risk losing the opportunity to recover anything.
In the end, the answer to, How long does an 18-wheeler lawsuit take?, depends on the complexity of your case and the specific actions taken during each phase. Investigating the accident, negotiating with insurance companies, and preparing a lawsuit all take time. While some lawsuits settle within months, others can take years, especially if multiple parties are involved or liability is disputed.
We’re Your Teammates in the Fight for Fair Compensation
After a truck accident, the legal system can feel overwhelming—like stepping onto a field without a game plan. That’s where Gonzalez & Jones, APC, comes in. Whether your case is resolved quickly or takes extra time, you’ll have attorneys who know how to tackle the tough plays and keep things moving.
With more than 40 years of experience helping truck accident victims across San Benito County and the Central Coast region, attorneys Milton Gonzalez and Zoi Jones are ready to work to help you get the best possible outcome.
If you’ve been injured in a truck accident, you need a team to fight for you. Call (408) 848-2208 or contact us online for a free consultation.