Truck crashes can change your life in seconds. If you got hurt in a truck crash, you might wonder how long it will take to get money to help with your bills. Each case is different, but most truck accident lawsuits take between a few months to a few years to finish.
The Steps of a Truck Accident Case
Filing Your Claim
After a truck crash, the first step is to file a claim. Your lawyer will send papers to the truck driver's insurance company and maybe the trucking company too. This is not the same as a lawsuit. A claim is when you ask the insurance company for money. A lawsuit happens later if they don't pay what's fair.
Getting Evidence
Your lawyer will need to find proof of what happened. This takes time because truck cases need lots of proof like:
- Police reports that tell what happened
- Statements from people who saw the crash
- The truck's "black box" data that shows how fast it was going
- The truck driver's work logs that show how long they drove
- Videos from traffic cameras or dash cameras
- Drug and alcohol test results from the driver
- Truck repair and check-up records
Getting all this proof can take weeks or even months.
Medical Treatment Time
You need to heal as much as you can before settling your case. Your lawyer will want to know:
- How badly you were hurt
- If you will get better
- What medical care you will need in the future
- How much your medical care will cost
For small injuries, this might take a few months. For big injuries, it could take a year or more. Some people never fully heal, but doctors can tell when you've reached what they call "maximum medical improvement." This means you're as better as you're going to get.
Making a Demand
After you finish most of your medical care, your lawyer will ask the insurance company for money. They will write a "demand letter" that says:
- How the crash happened
- Why it wasn't your fault
- How badly you were hurt
- How much money you should get
Trying to Settle
The insurance company will usually offer less money than you asked for. Then your lawyer will try to get them to pay more. This back-and-forth can last weeks or months.
Filing a Lawsuit (If Needed)
If the insurance company won't pay a fair amount, your lawyer might file a lawsuit. This starts the part that people think of as "going to court." Only about 5% of cases go all the way to trial, but many more start the lawsuit process.
Discovery Phase
After filing a lawsuit, both sides share information. This is called "discovery" and it can take 6 to 12 months. During this time:
- Your lawyer asks the trucking company for records
- The truck company's lawyer asks you questions
- Both sides talk to witnesses under oath
- Experts might look at the evidence
Settlement Talks Continue
Even after filing a lawsuit, most cases still settle before trial. Lawyers keep talking about a fair payment. Many cases settle right before trial is set to start.
Trial (If Needed)
If your case goes to trial, it might take a few days or a few weeks. Then you wait for the jury to decide. Very few truck accident cases go all the way to trial.
Getting Your Money
After a settlement or trial win, it takes time to get your money. Your lawyer must:
- Pay any medical bills that are still owed
- Pay back your health insurance if they covered your care
- Take out their fee (usually a percentage of what you win)
- Give you the rest of the money
This final step usually takes 30 to 60 days.
Why Do Truck Accident Cases Take Longer Than Car Crashes?
More Serious Injuries
Trucks are huge and heavy. When they hit smaller cars, people often get very badly hurt. Serious injuries need more medical care and more time to heal before you can settle.
More Money at Stake
Truck cases often involve more money than regular car crashes. When more money is at stake, insurance companies fight harder and the case takes longer.
More Parties Involved
In a car crash, you usually deal with one driver and one insurance company. In truck crashes, you might need to deal with:
- The truck driver
- The trucking company
- The company that loaded the truck
- The company that made the truck or its parts
- Multiple insurance companies
Each party might blame the others, which makes cases take longer.
Special Rules for Trucks
Big trucks must follow special federal rules about:
- How long drivers can work
- How trucks must be checked and fixed
- What safety gear trucks must have
- How much weight trucks can carry
Your lawyer needs time to check if any of these rules were broken.
Factors That Affect How Long Your Case Will Take
How Bad Your Injuries Are
Cases with small injuries might settle in a few months. Cases with very bad injuries like brain damage, broken bones, or someone who died will take much longer, often 1-3 years.
How Clear the Fault Is
If it's very clear the truck driver caused the crash, the case might go faster. If it's not clear who caused it, or if the truck company says you were partly at fault, the case will take longer.
Which Insurance Companies Are Involved
Some insurance companies are known for paying fair amounts quickly. Others fight every case and delay as long as possible.
Your Patience
If you need money fast, you might take a smaller amount to settle quickly. If you can wait longer, you might get more money in the end.
Your Lawyer's Experience
A lawyer who knows truck cases well can often move things along faster than one who doesn't.
Time Limits for Filing a Truck Accident Lawsuit
You don't have forever to start your case. Each state has a time limit called a "statute of limitations." In Colorado, you usually have:
- 3 years to file a lawsuit for a truck accident case
- 2 years for wrongful death if someone died in the crash
If you miss these deadlines, you lose your right to sue forever. This is why it's important to talk to a lawyer soon after a crash.
How to Speed Up Your Case
You can't make your case go super fast, but you can help it move along:
- Get medical care right away and follow your doctor's advice
- Don't miss doctor appointments
- Keep all your medical bills and records
- Take pictures of your injuries as they heal
- Keep a diary about your pain and how the injuries affect your life
- Stay off social media or be very careful what you post
- Hire a lawyer who specializes in truck cases
- Be patient and don't take the first offer
Why You Need a Lawyer for a Truck Accident Case
Truck cases are complex. A good lawyer will:
- Know the special rules that apply to trucks
- Know how to get the evidence before it's lost
- Know how to find all possible insurance coverage
- Know how to value your case correctly
- Handle the paperwork and deadlines
- Fight the insurance companies for you
- Let you focus on healing
Most truck accident lawyers work on what's called a "contingency fee." This means they only get paid if you win money. You don't pay them by the hour or upfront.
Final Thoughts
Truck accident cases usually take longer than you want, but this is often good for you. A fast settlement is rarely the best settlement. The right amount of time allows your lawyer to build a strong case and allows your doctors to understand your injuries fully.
At CO Trial Lawyers, we understand that waiting is hard when you have bills to pay. Our Denver-based team works hard to move your case along as quickly as possible without sacrificing the amount you deserve. We handle a small number of cases so we can give yours the attention it needs.
If you were hurt in a truck crash in Colorado, call us at (303) 390-0799 for a free talk about your case. We'll explain the process, answer your questions, and give you a better idea of how long your specific case might take.