Comprehensive Timeline of a Truck Accident Claim
When you’re involved in a truck accident that you believe was the fault of another party, you may be able to file a truck accident claim. In 2020, around 108,000 people were injured during truck accidents. If you decide to file a truck accident claim, there are a few factors that determine how long this process takes.
What the Claims Process Entails
When someone files a truck accident claim with the other driver’s insurance provider, there are several steps that occur. For one, these claims must be backed up by evidence, which means that an extensive investigation occurs before a claim is settled. This investigation is designed to prove everything from what happened to cause the accident to what injuries occurred as a result of the accident.
The investigation process is a lengthy one that can involve steps like interviewing witnesses, analyzing evidence, and looking through the police report. Most of these steps are typically performed by an Allentown personal injury attorney as well as other concerned parties.
The claims process usually begins when a demand letter is sent to the other driver’s insurance company. This letter will detail the events that caused the accident as well as any injuries that were sustained. In most cases, the letter will demand a reasonable payout based on the case value.
Negotiations with an insurance provider can range from simple to complex and time-consuming. It’s common for these companies to respond to the initial letter with an inadequate settlement offer, which results in further negotiations. If the negotiations aren’t productive, there are times when the victim will decide to instead file a personal injury lawsuit.
Accident Investigation
Truck accident claims can take anywhere from 90 days to more than a year to resolve. A primary factor in the timeline is the accident investigation, which focuses on determining liability. In some cases, proving liability is easy because of the police report, multiple eyewitnesses, and every other detail of the case pointing in one direction.
However, there are also times when the accident investigation becomes complex and takes a considerable amount of time to be completed. Along with the insurance provider’s investigation, lawyers usually perform their own investigation to gather evidence and proof for the claims their clients have made.
During an accident investigation, an attorney can perform numerous tasks, the primary one of which is to obtain their client’s account of what happened before, during, and after the accident. If the police report has been created and is available to read, the details in this report are oftentimes used during an accident investigation.
There are many reasons why a truck accident can take place. It’s possible that poor road conditions caused the truck to veer into another lane right before the accident occurred. Other reasons include:
- Distracted driving
- Driver error
- Cargo load issues
- Driver fatigue
There are also many different types of truck accidents that can take place, the primary of which include jackknife accidents, rear-end collisions, head-on collisions, and blind spot accidents. If the brakes on the truck haven’t been maintained or replaced for an extended period of time, they could malfunction.
It’s possible for attorneys to work alongside professionals who know how to reconstruct accidents based on all police findings from the scene of the accident, eyewitness statements, and onboard electronic recordings. This type of expert witness is oftentimes relied on if a case gets to litigation.
After the accident investigation has taken place, the lawyer may take part in the discovery process to obtain information about the other parties involved in the case. This process provides attorneys with the ability to request safety inspection records for trucks, copies of safety records and licenses, and onboard camera footage.
Length of Recovery from Injuries
If a truck accident claim or lawsuit can be proven, the length of recovery from injuries will determine how long it takes before the claim can be settled. In many cases, these claims are only resolved once a full recovery has taken place, which makes it easier for insurance providers to calculate how much they owe. Truck accidents tend to be more serious, which is why it can take longer for injuries to heal and the case to be settled.
Dealing With Insurance Providers
The truck driver’s insurance provider can take a lengthy amount of time to investigate the claim and negotiate with an attorney. If all of the information about the accident is clearly indicating that the other driver was at fault, the claim proceedings might be over quickly. Otherwise, the process could be delayed for any number of reasons.
When you have been injured in a truck accident and want to learn more about the different legal actions you can take, call our Allentown personal injury attorney today at (610) 435-7400 to give us details about your case.
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