Do you think chances are slim of getting into an accident with an 18-wheeler? Do you know that someone suffers severe injury or death about every 15 minutes due to a commercial truck accident? Does it surprise you to learn that cars are responsible for 80% of those accidents?
Commercial truck accident settlements are costly. The insurance company will conduct a complete investigation with extensive discovery demands. This lengthens the time before settlement.
Keep reading to learn about truck accident litigation and recovery of economic damages.
What Is Litigation?
Litigation is a term for taking a matter to court to reach a resolution. It begins with a plaintiff filing a complaint, and the defendant then files an answer.
One of the lengthiest portions of any lawsuit is discovery. This is where the parties exchange evidence supporting their legal position. In an 18 wheeler accident case discovery demands will be made by both parties and may include:
- Copies of photos and/or video from the accident scene
- Accident police reports
- Copies of interviews taken from the drivers and witnesses
- Alcohol and/or drug testing reports on the drivers
- Copy of the truck driver’s log and black box data
- Driving record of the semi driver
- Verification of semi-driver qualifications (truck driving school, CDL)
- Copies of insurance declarations
- Copies of medical records relating to the accident
- Depositions of doctors, parties, witnesses
- Interrogatories, requests to produce, request for admissions
Once the parties complete discovery they work toward a settlement. They will negotiate using truck accident law, determination of fault, and discovery evidence. Economic damages and non-economic damages are a huge part of this.
Non-Economic and Economic Damages
Economic damages are the actual financial losses you suffer following an accident. In a lawsuit, this is recovery for expenses you incur as a result of your injuries. You may recover:
- Lost wages
- Medical expenses
- Medication
- Ambulance cost
- Rehabilitation costs, and more
You may also recover non-economic damages, which are not measurable. You may receive an award for are emotional distress, pain and suffering, permanent disability or disfigurement, and loss of consortium.
Truck Accident Law
There are state and federal laws regarding truck driver credentials and conduct. This establishes standards that may impact your settlement, including registration requirements, logbook standards, safe cargo loading, liability, and damages,
Each state has a statute of limitations for filing lawsuits. The time allowable for filing may vary depending on the claims you make. You may have more than one applicable area, including accidents involving commercial vehicles, personal injury, and wrongful death.
Litigation Time for Commercial Truck Accident Settlements
Litigation and reaching a settlement in a semi-truck accident can take years. Every case is different, and various factors play into the time frame.
If there are extensive injuries, there may be a lengthy recovery period before medical professionals can determine a long-time prognosis. A person’s ability to fully recover will impact the settlement amount.
Important But Lengthy
Obtaining commercial truck accident settlements is a lengthy process. It is important to speak with an attorney and file a lawsuit as quickly as possible. This ensures you receive damages for your loss.
If you enjoyed learning about big-rig lawsuits, we invite you to check out our other blogs for a variety of interesting topics.
