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Why Truck Accident Claims Take Longer to Settle

Why Truck Accident Claims Take Longer to Settle

Truck accident claims take much longer to settle than regular car accidents. Most truck cases take 6 to 16 months or more to reach a final agreement. Some can take over a year or even several years to finish.

This happens for many reasons. Truck accidents involve bigger injuries, more parties, and stricter rules. The Federal Motor Carrier Safety Administration (FMCSA) requires special investigations. Insurance companies also have more money at stake, so they fight harder.

In this article, we’ll explain exactly why truck settlements take so long. We’ll also share tips to help speed up your case and get the money you deserve.

The Federal Rules Make Things Take Longer

FMCSA Investigation Requirements

The biggest reason truck claims take longer is federal rules. The Federal Motor Carrier Safety Administration (FMCSA) requires a thorough investigation process for major truck accidents. This is very different from regular car crashes.

Motor carriers must maintain an accurate record of all accidents and assist with investigations. They have to keep these records for three years. This creates a lot of paperwork that takes time to review.

Hours of Service Violations

One common FMCSA violation is hours-of-service (HOS) violations. Truck drivers must adhere to strict limits on driving hours to prevent fatigue-related accidents. Checking if the driver broke these rules takes weeks or months.

Your lawyer needs to look at:

  • Driver logbooks
  • Electronic logging device records
  • GPS tracking data
  • Rest break records

All this evidence must be gathered before your case can move forward.

Multiple Federal Regulations to Check

Trucks follow dozens of federal rules that don’t apply to regular cars. Some key areas include:

  • Driver qualification standards
  • Vehicle maintenance requirements
  • Cargo loading rules
  • Drug and alcohol testing
  • Company safety programs

Each rule that might have been broken requires investigation. This adds weeks or months to your case timeline.

More Parties Mean More Delays

Who Might Be Responsible

Truck accidents often have complicated fact patterns and multiple parties at fault. Unlike car crashes with just two drivers, truck cases can involve:

The Truck Driver: May have been speeding, tired, or distracted

The Trucking Company: Might have poor hiring or training practices

The Owner: Could be a separate company that owns the truck

Maintenance Company: May have done poor repairs or inspections

Cargo Company: Could have loaded freight unsafely

Parts Manufacturer: Might have made defective truck parts

Each party has their own insurance company and lawyers. Getting them all to agree takes much longer than dealing with just one person.

Fighting Over Who Pays

You would have to file additional claims and deal with other insurance companies. This could make settling your case take significantly longer. Each company tries to blame someone else.

For example:

  • The truck driver says the brakes failed
  • The maintenance company says the driver was speeding
  • The trucking company says they trained the driver properly

This blame game can go on for months while lawyers investigate who was really at fault.

Higher Insurance Coverage

Trucks carry much higher insurance than regular cars. The Federal Motor Carrier Safety Administration requires the following minimum amounts that owners and operators of large trucks must carry: 10,000 pounds or below carrying non-hazardous cargo: $300,000. Many trucking companies carry $1 million or more in coverage.

When there’s more money involved, insurance companies fight harder. They hire teams of lawyers and experts to reduce what they have to pay.

Bigger Injuries Take More Time

Waiting for Medical Treatment to Finish

You should wait to accept any settlement until your medical treatment is over so you know the full extent of your medical expenses. This is called reaching “maximum medical improvement.”

Truck accidents cause much worse injuries than car crashes because:

  • Trucks weigh 20-30 times more than cars
  • They have higher ground clearance
  • Impact forces are much greater

Common serious injuries from truck crashes include:

  • Spinal cord damage
  • Traumatic brain injuries
  • Multiple broken bones
  • Internal organ damage

These injuries can take 6 months to 2 years or more to fully heal. Your case can’t settle until doctors know the final outcome.

Hidden Injuries That Show Up Later

Whiplash may not manifest until weeks after the accident, according to the National Institute of Neurological Disorders and Stroke (NINDS). Other delayed symptoms include:

  • Memory problems from brain injuries
  • Nerve damage causing numbness
  • Joint problems from fractures
  • Emotional trauma and PTSD

If you settle too early, you’re stuck paying for these problems yourself. That’s why most Denver truck accident lawyers wait until all medical issues are clear.

Complex Medical Evidence

Truck accident cases need detailed medical proof. Your lawyer must gather:

  • Hospital records from multiple doctors
  • Physical therapy reports
  • Psychological evaluations
  • Expert medical opinions about future needs

All this medical documentation takes months to collect and review.

The Settlement Process Is More Complex

Higher Settlement Values

Semi truck lawsuits typically reach settlement between six and 16 months from the date of the accident. The average truck accident settlement amount is $103,654.08 and the median settlement amount is $30,000, while some cases reach millions of dollars.

Because truck settlements are worth more money, insurance companies:

  • Fight harder to pay less
  • Hire expensive expert witnesses
  • Demand more proof of your injuries
  • Use delay tactics to pressure you

Multiple Rounds of Negotiation

It may take several rounds of negotiation before they offer a settlement that includes fair compensation for all your expenses and losses. The process typically works like this:

  1. Initial demand: Your lawyer sends a settlement demand letter
  2. Low offer: Insurance makes a lowball offer
  3. Counter-offers: Both sides negotiate back and forth
  4. Final agreement: Eventually reach a fair settlement

Each round can take weeks or months. Insurance companies often use delaying tactics, hoping you’ll get desperate and accept less money.

Gathering Complex Evidence

Truck cases need much more evidence than car accidents. Your Denver personal injury lawyer must collect:

Electronic Data:

  • Black box recordings
  • GPS tracking information
  • Electronic logging device records
  • Fleet management system data

Company Records:

  • Driver qualification files
  • Vehicle maintenance logs
  • Safety inspection reports
  • Training documentation

Expert Analysis:

  • Accident reconstruction
  • Vehicle defect examination
  • Medical expert testimony
  • Economic loss calculations

Gathering and analyzing all this evidence takes many months.

Insurance Company Delay Tactics

Why They Drag Their Feet

Insurance companies often use delay tactics to pressure victims into accepting lower settlements. They know that victims:

  • Have medical bills piling up
  • Can’t work and earn money
  • Face financial pressure from creditors
  • Get frustrated with the slow process

The longer they wait, the more desperate you become. This pressure makes some people accept unfairly low settlements.

Common Delay Tactics

Insurance companies use several tricks to slow down your case:

Requesting Excessive Documentation: They ask for medical records going back decades, hoping to find pre-existing conditions

Scheduling Delays: They’re “too busy” to review your case or meet with your lawyer

Low-Ball Offers: They make insulting offers, knowing you’ll reject them

Demanding Multiple Examinations: They want you to see their doctors over and over

Questioning Everything: They challenge every aspect of your case, even obvious facts

Fighting Back Against Delays

An experienced truck accident attorney knows these tactics and fights back. They can:

  • Set firm deadlines for insurance responses
  • File lawsuits to force action
  • Use court rules to speed up discovery
  • Put pressure on insurance companies to negotiate fairly

When Cases Go to Court

Litigation Takes Much Longer

In the event that negotiations deteriorate, your attorney will have to take your case to trial. It is much more likely that the settlement of your claim will take a year or more if you must litigate your claim.

The litigation process includes:

  • Filing the lawsuit (2-4 weeks)
  • Discovery phase (6-12 months)
  • Expert witness preparation (2-4 months)
  • Trial scheduling and delays (6-18 months)
  • The actual trial (1-4 weeks)

Even cases that settle often do so just before trial, after years of preparation.

Why Some Cases Must Go to Trial

Sometimes going to court is the only option:

  • Insurance company refuses to make fair offers
  • They deny responsibility completely
  • Settlement offers don’t cover your actual losses
  • You need punitive damages for extremely bad behavior

While trials take longer, they sometimes result in much higher awards than settlements.

Wrongful Death Cases Take Even Longer

Wrongful death claims can take longer than other truck accident claims. In wrongful death cases, the victim’s estate is often involved, which means that a probate court is part of the proceedings.

These cases are more complex because:

  • Estate must be established through probate court
  • Multiple family members may be involved
  • Future income losses must be calculated over decades
  • Emotional damages are harder to prove

How to Speed Up Your Truck Accident Case

Hire a Lawyer Immediately

Your best strategy for speeding up the process of settling your case is to retain a skilled truck accident lawyer immediately after your collision. An experienced attorney can:

  • Preserve evidence before it’s destroyed
  • Start investigating right away
  • Handle insurance companies professionally
  • Move your case through the system efficiently

Don’t wait weeks or months to call a lawyer. Evidence disappears quickly, and insurance companies take advantage of unrepresented people.

Get Medical Treatment Right Away

One way to speed up your truck accident claim is to get a medical examination as soon as possible after your accident and to follow all care instructions. This helps because:

  • Doctors document your injuries immediately
  • You start treatment sooner
  • Your case has stronger medical evidence
  • You reach maximum improvement faster

Don’t skip medical appointments or physical therapy. Gaps in treatment give insurance companies excuses to delay your case.

Keep Detailed Records

Help your lawyer by organizing important documents:

Medical Records:

  • Hospital and emergency room visits
  • Doctor appointments and reports
  • Physical therapy sessions
  • Prescription medications
  • Medical bills and insurance payments

Financial Records:

  • Lost wages documentation
  • Bank statements showing financial impact
  • Bills you couldn’t pay because of the accident
  • Receipts for out-of-pocket expenses

Daily Impact:

  • Journal entries about your pain and limitations
  • Photos of injuries as they heal
  • Records of activities you can no longer do

Good documentation helps your lawyer present a strong case quickly.

Be Patient But Persistent

While you want your case resolved quickly, rushing can hurt your outcome. A good rule-of-thumb is that it will be up to six months from when you contact your lawyer to settle your truck accident claim.

Remember:

  • Patience often leads to better settlements
  • Rushing usually means accepting less money
  • Your lawyer will update you on progress
  • Some delays are necessary to build a strong case

What Affects Your Settlement Timeline

Severity of Your Injuries

Truck wreck cases generally take longer when there are serious injuries. Here’s how different injuries affect timing:

Minor Injuries (2-6 months):

  • Soft tissue damage
  • Minor cuts and bruises
  • Short-term pain

Moderate Injuries (6-12 months):

  • Broken bones that heal well
  • Concussions with full recovery
  • Injuries requiring surgery

Severe Injuries (1-3 years):

  • Spinal cord damage
  • Traumatic brain injuries
  • Permanent disabilities
  • Multiple surgeries needed

Catastrophic Injuries (2+ years):

  • Paralysis
  • Amputations
  • Severe brain damage
  • Life-threatening injuries

The more serious your injuries, the longer your case will take. But serious injuries also result in much higher settlements.

Clarity of Fault

Cases settle faster when fault is clear. Your case moves quicker when:

  • The truck driver was clearly at fault
  • Police reports support your version
  • Witnesses saw what happened
  • Physical evidence is strong

Cases take longer when:

  • Fault is disputed between parties
  • Multiple vehicles were involved
  • Weather or road conditions played a role
  • There’s conflicting witness testimony

Insurance Company Cooperation

Some insurance companies are easier to work with than others. Factors that affect cooperation include:

  • The company’s reputation and practices
  • How much money is at stake
  • Strength of your evidence
  • Experience of your lawyer

Companies known for fair dealing settle faster. Companies with reputations for fighting every claim take longer.

Understanding Settlement Amounts

What Affects Your Settlement Value

Several factors determine how much money you’ll receive:

Economic Damages:

  • Medical bills (past and future)
  • Lost wages and benefits
  • Property damage to your vehicle
  • Out-of-pocket expenses

Non-Economic Damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disability or disfigurement

Punitive Damages:

  • Awarded when conduct was especially bad
  • Drunk or drugged truck drivers
  • Companies that ignore safety rules
  • Deliberate violations of regulations

National Settlement Statistics

According to one source, the average truck accident settlement is worth upwards of $650,000. However, settlements vary widely:

  • Property damage only: $5,000-$50,000
  • Minor injuries: $50,000-$150,000
  • Moderate injuries: $150,000-$500,000
  • Serious injuries: $500,000-$2 million
  • Catastrophic injuries: $2-10+ million

Remember, every case is different. Your settlement depends on your specific injuries, losses, and circumstances.

Special Considerations for Colorado Cases

State Laws That Matter

Colorado has specific laws that affect truck accident cases:

Statute of Limitations: You have three years to file a lawsuit from the date of your accident

Comparative Negligence: If you were partly at fault, your settlement is reduced by your percentage of blame

Damage Caps: Colorado limits non-economic damages in some cases, but most truck accidents exceed the caps

Working with Colorado Trial Lawyers

CO Trial Lawyers understands Colorado’s unique legal landscape. We know:

  • Local court procedures and timing
  • Colorado judges and their preferences
  • State-specific trucking regulations
  • How local juries typically decide cases

This local knowledge helps move cases through the system more efficiently.

Final Thoughts

Truck accident claims take longer than car accidents for many legitimate reasons. Federal investigations, multiple parties, serious injuries, and complex evidence all add time to the process. Most truck cases take 6 to 16 months to settle, with complex cases taking even longer.

While waiting is frustrating, patience often leads to better outcomes. Insurance companies know that desperate people accept lower settlements. Your lawyer’s job is to build the strongest possible case and negotiate the best settlement for your situation.

The key is hiring an experienced Denver truck accident lawyer as soon as possible after your accident. They can preserve evidence, handle insurance companies, and guide you through the process while you focus on recovery.

If you’ve been injured in a truck accident in Colorado, don’t wait to get help. Contact CO Trial Lawyers today for a free consultation. We’ll explain your rights, evaluate your case, and help you understand what to expect. Remember, you don’t pay attorney fees unless we win your case.