How Long Does it Take to File an 18 Wheeler Claim?
If someone is injured in a crash with an 18 wheeler, the claim may be more difficult to settle than a typical car crash claim. This is because truck accidents often involve severe injuries.
However, each truck accident is unique and there are a variety of factors that impact the length of time it takes to settle. Here are some of the most important factors.
Insurance claims
Like any other vehicle on the road, 18-wheeler trucks must have an insurance coverage minimum. This is due to the fact that collisions with large trucks are more likely to cause serious injuries and property damage as compared to a typical car accident. These accidents can cause death and severe injuries. Therefore, it is crucial for victims of these accidents to make a claim for the compensation they deserve.
While insurance for 18 wheelers is a must but it isn't always easy to find policies that can meet all your requirements. Based on the type of cargo your trucks carry you might require additional types of coverage. For instance, hazmat carriers might require upwards of $5 million in liability insurance. Towing insurance as well as trailer exchange insurance and cargo coverage are just a few possible policies.
In addition to that, an experienced attorney will help you decide on the kinds of insurance your company requires. He or she can also help you negotiate with insurance companies to ensure that your claim will be properly resolved. In some instances, insurance companies may try to limit their liability by claiming negligence of a comparative nature. This can severely devalue your claim. A lawyer can help argue against these claims to ensure that you receive the maximum amount of compensation you deserve. No matter how you were injured in the accident, a skilled lawyer will make sure you receive the money you need to recover.
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In most cases, a truck accident victim will receive a settlement offer before a lawsuit is filed. This offer is usually less than what the victim actually deserves. It's provided by the trucking company or their legal team. The victim should not accept a deal without discussing it with an attorney who specializes in personal injury.
The amount of the settlement will depend on various aspects, including the severity of injuries and property damage. It also varies based on medical costs. Other damages that are not economic can also play a role, especially in cases where the crash caused you to be emotionally and physically distressed. However these losses are difficult to quantify and require a thorough analysis.
The final compensation amount is also influenced by the amount of liability. If you can prove that the party responsible was in violation of traffic laws, behaved negligently, or caused the wreck through some other act of wrongdoing, they will be held accountable for your damages. There are also legal defenses that could restrict their liability, like comparative fault or contributory negligence.
The owners of trucking companies can also be held accountable for an accident. This could happen if the driver of the truck was operating in poor conditions or the company was not able to maintain the vehicle in good repair. The shipping and loading firm could also be held accountable if the cargo had been improperly loaded or a component was defective.
Filing a lawsuit
You could be required to file a suit in the event that the insurance company does not offer an acceptable settlement. This could delay the resolution of your case but it could also lead to a greater settlement. Whether you choose to settle or go to trial, a seasoned truck accident lawyer is the best option.
The insurance companies involved in this case are going to try to make you feel like they are a bargain, so you require a lawyer to protect your interests. A Lafayette truck accident lawyer can review your crash, determine the value of your injuries, and make sure you receive the highest compensation for your injuries.
In the majority of 18 wheeler collisions the parties involved are accountable. For instance, if the truck driver was under the influence of alcohol or breaking the hours of service rules or his employer could be held accountable. A manufacturer of a vehicle repair shop or component could be held accountable in the event that the component was defective and the cause of the accident.
Moreover, cargo-loading or shipping companies could be held accountable for accidents that happen to their trucks. This is due to the fact that these trucks have to be loaded and shipped in a safe manner to prevent them from falling over or being jackknifed. These companies are required by law to follow strict safety regulations. Additionally, you can recover other damages that are not economic, such as discomfort and pain.
Trial
Negotiations with the insurance company are often used to settle most truck accident cases. A fair settlement should include all of your medical costs and treatment costs and any other losses that you are facing or are likely to incur. Your attorney can help you determine the potential damages in the future and whether punitive damages are appropriate.
The length of time it takes to receive a full and final settlement could depend on a variety of factors. Fortunately, an experienced attorney will be able to guide you through the process. The most important aspect is the extent of your injuries, which will influence the amount of compensation you're entitled to. Some injuries only affect you for a few weeks or months but others will have a lasting or long-lasting effects on your life.
It can also take time to determine the fault, as it's not always clear in 18 wheeler accidents. This is due to the possibility that there could be multiple responsible parties, including the driver of the truck as well as the company that employs them. In certain instances, there could be mechanical problems with the vehicle which cause the vehicle to crash. In this scenario it is possible to hold the repair shop or manufacturer responsible for any damage.
There are many variables which can affect the size of a settlement for an 18-wheeler accident however, in general these types of accidents tend to result in higher settlements than those which involve automobiles. This is because of the nature of the injuries and the damages caused by these accidents, which can be devastating.
