If you’ve been in a semi-truck accident, you’re likely dealing with serious injuries, expensive medical bills, lost earnings from missing work, and major damage to your vehicle. The aftermath of a truck crash is overwhelming.
One of the most important steps is to contact an experienced Dallas truck accident lawyer to protect your rights and ensure you get the compensation you deserve. Don’t wait – the sooner you have legal representation, the better.
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Table of Content
- Get Medical Treatment Immediately After a Truck Accident
- Dealing with Insurance Companies After a Truck Wreck
- Factors Affecting How Long a Semi-Truck Accident Settlement Takes
- Average Truck Accident Settlement Timelines
- If You’ve Been Injured in a Truck Accident, Contact a Truck Accident Lawyer
Why Semi-Truck Accidents Are Different
Truck accident cases tend to be more complicated than typical car accident claims for a few key reasons:
The Injuries and Damage are Usually Much More Severe
One of the main reasons semi-truck accidents are so different from regular car crashes is the sheer size and weight difference between a big rig and a passenger vehicle. A fully loaded tractor-trailer can weigh up to 80,000 pounds, while the average car weighs around 4,000 pounds. That’s a staggering 20x difference.
When a massive truck collides with a much smaller vehicle, the results are often catastrophic. Passenger vehicle occupants commonly suffer severe, life-changing injuries like traumatic brain injuries, spinal cord damage, crushed or amputated limbs, and internal organ damage. Many victims require extensive hospitalizations, surgeries, and prolonged rehabilitation. Some are left permanently disabled and unable to work or care for themselves.
Property damage is also much more extensive in a semi-truck accident. A tractor-trailer often totals smaller vehicles in a collision. Accident scenes often feature shattered glass, crushed metal, and demolished cars. Trucks sometimes plow into buildings or houses and cause major structural damage.
The substantial injuries and property damage in semi-truck accidents lead to astronomical medical bills, lost income, and other losses. Truck accident lawyers fight to get clients the money they deserve for all their physical, emotional, and financial suffering.
There May Be Multiple Liable Parties Involved
Another complicating factor in truck accident cases is that there are often several potentially liable parties, not just the truck driver. Depending on the circumstances, the trucking company, cargo loader, truck manufacturer, and other third parties may share fault for the crash.
The trucking company is responsible for hiring qualified drivers, training them properly, supervising their work, and ensuring compliance with federal trucking regulations. They can be liable if they fail in these duties and an accident results. Examples of trucking company negligence include:
- Hiring drivers with bad driving records or inadequate experience
- Failing to do proper background checks and drug tests
- Encouraging drivers to violate hours of service rules
- Not maintaining trucks properly
- Overloading trailers or improperly securing cargo
The cargo loader, usually a separate company, is tasked with safely and securely loading the trailer. If they do a shoddy job, the load can shift during transport and cause the driver to lose control. Overloaded or imbalanced trailers are a major cause of semi-truck accidents, particularly rollover crashes.
Sometimes, a defective truck part is to blame for the accident. Malfunctioning tires, brakes, steering systems, hitches, and other components can fail catastrophically at highway speeds. When this happens, the truck manufacturer, parts maker, and/or mechanic may be liable for the wreck.
Trucking companies and other commercial entities often point the finger at each other after a bad accident, trying to dodge responsibility. It takes an experienced truck accident attorney to sort out all the liable parties and hold each one accountable.
Trucking Companies Have Teams of Lawyers Ready to Defend Against Accident Claims
Trucking companies and insurers are not eager to pay large settlements to accident victims. At-fault truck accidents can cost them hundreds or even millions of dollars. To avoid huge payouts, they have rapid response teams of defense lawyers and investigators ready to deploy when a crash happens.
The trucking company’s legal team immediately collects evidence and builds a case to minimize liability. They may send representatives to the accident scene to take photos, interview witnesses, and look for any evidence that shifts blame onto the victim.
These lawyers are well-versed in truck accident defense strategies. They know how to exploit legal loopholes, twist evidence, and pressure victims into accepting lowball settlements. Their sole mission is to protect the trucking company’s bottom line, not ensure that injured people receive fair compensation.
This stacked deck is why having your Dallas truck accident lawyer in your corner is so important. You need a professional who knows all the trucking companies’ tricks and how to counter them. Your attorney’s job is to level the playing field and be your champion against a formidable team of corporate lawyers.
A skilled truck accident lawyer can:
- Conduct an independent investigation into the crash
- Gather important evidence like electronic logging device data, black box information, and truck maintenance records
- Interview witnesses and first responders
- Consult with accident reconstructionists
- Determine the full value of your damages
- Handle all communication with the trucking company and its lawyers
- Aggressively negotiate for a fair settlement
- Take your case to trial if necessary
Don’t make the mistake of trying to battle a big trucking company alone. You need an experienced advocate to protect your rights and fight for your deserved compensation.
Federal Trucking Regulations Come Into Play
The federal government heavily regulates the trucking industry, specifically the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA sets strict rules that trucking companies and their drivers must follow, including:
- Hours of service regulations that limit how many hours truckers can drive per day and week
- Mandatory rest breaks
- Detailed record-keeping requirements
- Truck maintenance and inspection standards
- Cargo securement rules
- Driver drug and alcohol testing
- Driver qualifications and licensing standards
When trucking companies or drivers violate these regulations, they can be held liable for any accidents that occur as a result. For example, if a trucking company pushes a driver to falsify their logbook and keep driving beyond the hourly limit, leading to a wreck, that’s a clear case of negligence.
Federal trucking regulations are complex and filled with nuances. A knowledgeable truck accident lawyer must comb through records and find the violations that strengthen your claim.
Regulatory violations can justify seeking punitive damages. Punitive damages are awarded on top of medical expenses and other compensatory damages to punish gross negligence or intentional wrongdoing. If your lawyer can show the trucking company deliberately broke the law or put profits over people, you may receive a much larger settlement.
Get Medical Treatment Immediately After a Truck Accident
After a semi-truck accident, the priority is getting proper medical care for your injuries. Some of the most common injuries from truck crashes include:
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Broken bones and fractures
- Neck and back injuries
- Cuts and lacerations
- Soft tissue damage
It’s important to have a doctor diagnose the full extent of your injuries, both for your health and to document them for your legal case. Always follow your treatment plan and attend all follow-up appointments. If you skip doctor visits or ignore medical advice, the trucking company’s lawyers may argue that you aren’t as injured as you claim.
Keep track of all medical records, bills, prescriptions, and other documentation related to your injuries. You’ll need these for your truck accident claim. Your lawyer can gather the necessary paperwork.
Dealing with Insurance Companies After a Truck Wreck
After a truck wreck, you’ll likely hear from the trucking company’s insurance representative quickly. They may pressure you to give a recorded statement or ask you to sign medical releases.
However, it’s in your best interest to avoid talking to insurance adjusters and NEVER sign anything before consulting with a truck accident lawyer. Insurance companies prioritize their bottom line. They employ tactics to get you to settle for the lowest amount possible. Medical release forms give them access to your medical history, which they comb through for any pre-existing conditions to blame for your injuries.
Let your Dallas truck accident lawyer handle all communications and negotiations with insurers. Your attorney’s job is to level the playing field and ensure you’re treated fairly by the insurance giants.
Factors Affecting How Long a Semi-Truck Accident Settlement Takes
So, how long until you reach a settlement and get a payout? Semi-truck accident cases generally take longer to resolve than car accident claims. Several factors impact the timeline, such as:
Severity of Injuries
In a truck accident lawsuit, a significant portion of the compensation pursued is for the victim’s injuries and resulting damages, such as medical expenses, lost income, pain and suffering, and loss of quality of life. The more severe the injuries, the higher the potential settlement amount—and the longer the case may take.
Catastrophic injuries like brain trauma or paralysis often require lifelong medical care and permanent disability. Determining fair compensation in these cases is complex and requires extensive negotiations and sometimes litigation. The settlement process can stretch out for a year or more.
Number of Parties Involved
Semi-truck accidents frequently involve multiple defendants, from truck drivers to trucking companies to third-party contractors. The more parties involved, the more insurance companies are involved. Each one typically tries to shift blame to the others.
These liability disputes extend the time it takes to settle. Your truck accident lawyer must collect evidence and build a case against each party. Negotiations with multiple insurance carriers are lengthy and challenging.
Willingness to Settle
Some defendants dig in their heels and refuse to offer a reasonable settlement. They’d rather take their chances in court. Your truck accident lawyer may need to file a lawsuit and begin litigation in these situations.
Lawsuits involve time-consuming steps like filing motions, depositing, and going through the discovery process. It can be a year or more before your case gets to trial. However, filing a suit puts additional pressure on the insurance companies and shows them you’re serious. Many cases end up settling before reaching the courtroom.
Amount of Insurance Coverage
Federal law requires commercial trucks to carry much higher insurance coverage than passenger vehicles – often up to one million dollars. The more coverage available, the more the insurance company stands to lose at trial.
Higher policy limits often motivate insurers to settle faster because they have more to risk if a jury awards you major damages. However, when there are severe injuries and multiple parties are involved, even multi-million dollar policies may not be enough to fully compensate victims. This lack of sufficient coverage prolongs the legal process. Your truck accident lawyer may need to get creative and go after other assets of the responsible parties.
Strength of Evidence
To win your case, your attorney must prove the truck driver or trucking company was negligent. Negligence means they failed to act with reasonable care, and their actions caused your injuries. The stronger the evidence your lawyer presents, the more likely the insurance company is to settle promptly and fairly.
Valuable evidence in a truck accident case includes:
- Police accident reports
- Trucking company records
- Hours of service logs
- Black box data
- Dashcam or surveillance video
- Witness statements
- Photos of injuries and damage
- Medical records
- Professional testimony
The trucking company may try to hide or destroy evidence that puts them at fault. That’s why contacting a truck accident lawyer immediately is important before important evidence disappears.
Average Truck Accident Settlement Timelines
With all these factors at play, how long can you realistically expect a semi-truck accident case to take? Here are some rough estimates:
Moderate Injuries
If you recover in a few months, your case can wrap up in six to a year. Your truck accident lawyer can negotiate a satisfactory settlement with the insurance company without filing a lawsuit.
Waiting until you’ve finished medical treatment to settle your case is always wise. Some injuries don’t show up immediately or are worse than you originally thought. You want to be sure you’re getting compensation for the full extent of your injuries. Once you accept a settlement offer, you can’t go back and ask for more money later.
Severe Injuries and Permanent Disability
Suppose you’ve suffered catastrophic injuries that require extensive medical procedures, a long recovery period, and a major impact on your ability to work and function. In that case, your truck accident case will take longer to settle. These high-stakes cases frequently end up in litigation.
It can take a year or more for your truck accident attorney to gather evidence, hire professionals, file a lawsuit, go through the discovery process, and get a trial date. Complex cases with multiple defendants may not go to trial for two years or more.
However, the parties involved in most truck accident lawsuits resolve the case before it reaches the courtroom—often at the 11th hour as the trial date looms. The longer the case drags on, the more expensive it gets for the insurance companies, who feel immense pressure to settle.
If You’ve Been Injured in a Truck Accident, Contact a Truck Accident Lawyer
Contact a Dallas truck accident lawyer for a free consultation if you’ve suffered an injury in a semi-truck accident. They’ll evaluate your case and advise you on the next steps. The sooner you have legal representation, the better protected your rights and interests will be.