Brooke graduated from the University of Richmond School of Law after receiving her undergraduate degree from the University of North Carolina at Chapel Hill. Brooke worked for five years in private practice with a law firm specializing in insurance defense litigation before becoming the trial litigator for Allstate Insurance Company in the metro Richmond area.
If you or a loved one suffered injuries in a truck accident, you may be wondering, How long does it take to settle a semi-truck accident?
People involved in truck accidents can suffer life-threatening injuries and leave victims with long-term or permanent issues.
Injuries sustained in truck accidents often require significant medical procedures and rehabilitation to heal properly.
Unfortunately, medical expenses pile up quickly in these cases.
A Richmond truck accident attorney can help you recover the compensation you deserve for your injuries and other damages. Contact us today for a free consultation.
What Is the Semi-Truck Accident Settlement Timeline in Virginia?
On average, semi-truck accident settlements in Virginia can take anywhere from 6 months to 2 years to resolve, depending on the complexity of the case, the severity of injuries, and whether the case goes to trial.
1. Investigation and Evidence Gathering
The first step after an 18-wheeler accident is to investigate the incident. This includes obtaining police reports, witness statements, and any available photos or videos of the accident scene.
In Virginia, determining fault is especially important due to the state’s strict contributory negligence laws, which bar recovery if the injured party is even partially at fault. This phase can take several weeks to a few months, depending on the complexity of the case.
2. Medical Treatment and Documentation
Recovering from injuries sustained in an 18-wheeler accident can take significant time, and it’s important to prioritize your health.
Settlements often hinge on reaching maximum medical improvement (MMI), the point where your condition is stable, and future medical needs can be accurately assessed. Severe injuries requiring surgeries, rehabilitation, or long-term care may extend this phase, but it’s a critical step to ensure your settlement covers all medical expenses.
3. Filing a Claim and Negotiations
Once the investigation is complete and your injuries are documented, your attorney will file a claim with the at-fault party’s insurance company.
Virginia law mandates that trucking companies carry high insurance limits, but insurers often try to minimize payouts. Negotiations can take anywhere from a few weeks to several months, depending on the insurer’s cooperation and the strength of your case.
4. Potential Lawsuit and Litigation
If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit. While most cases settle out of court, litigation can significantly extend the timeline. Pre-trial preparations, depositions, and hearings may take several months to over a year.
5. Settlement or Trial
Many semi-truck accident cases are resolved during settlement negotiations, even after a lawsuit is filed. However, if your case goes to trial, the process may take much longer. Trials can add another year or more to the timeline, but they may be necessary to secure the full compensation you deserve.
Why an Attorney is Essential
Truck accident cases are complex and often involve large trucking companies and their insurance providers. A Virginia truck accident attorney can help navigate the legal process, gather evidence, and negotiate with insurers to ensure you receive the compensation you need for medical expenses, lost wages, and other damages.
Don’t let the settlement process overwhelm you. If you or a loved one has been injured in a trucking accident, contact us today for a free consultation. We’re here to guide you every step of the way.
Semi-Truck Accidents in Virginia
Virginia traffic statistics indicate that 2,847 traffic collisions involving large trucks occurred in 2023. Forty-nine of the accidents involving large trucks resulted in a fatality.
The majority of Virginia’s large truck collisions occurred in Fairfax County.
Common Truck Accident Injuries
A semi-truck pulling an empty trailer weighs approximately 35,000 lbs. Passenger vehicles, on the other hand, weigh between 2,750 lbs and 4,000 lbs.
The weight discrepancy between the two leads to devastating consequences in the event of a collision.
Common injuries seen in semi-truck accidents include:
- Traumatic brain injury,
- Broken bones,
- Whiplash,
- Spinal cord injuries,
- Burns,
- Abrasions,
- Nerve injuries,
- Internal organ damage,
- Dislocated joints,
- Paralysis, and
- Loss of limbs.
The size and magnitude of semi-trucks impact every accident that involves one.
If you suffered injuries in a collision with a semi-truck in Richmond, contact the experienced Virginia truck accident lawyers at River Run Law today for a free consultation.
What Damages Can I Recover in a Truck Accident Case?
Victims of truck accidents are entitled to seek compensatory damages designed to cover the economic and non-economic losses that you suffered because of the accident.
Recovering damages can help you and your family pay the bills and expenses associated with semi-truck accidents.
Economic damages can include:
- Current and future medical expenses;
- Loss of earning capacity;
- Childcare expenses;
- Property damage to your vehicle; and
- Rehabilitation costs.
The court requires proof of these damages for compensation to be awarded.
Non-economic damages include:
- Pain and suffering,
- Physical disfigurement,
- Loss of consortium, and
- Mental anguish.
Severe accidents can result in significant awards of non-economic damages.
In cases of extreme negligence or wrongdoing, courts award punitive damages that are designed to punish the party responsible for the accident.
The River Run Law team will fight to guarantee you receive the compensation you are owed.
Common Causes of Semi-Truck Accidents in Virginia
Commercial accidents account for 3.8% of all vehicle crashes in Virginia.
Virginia defines a commercial vehicle as a vehicle that:
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more;
- Is designed or used to transport nine or more people; or
- Is displaying a hazardous materials placard.
Thus, semi-trucks operating in Virginia are considered commercial vehicles. Overall, 5,785 accidents occurred involving commercial vehicles in Virginia in 2023.
The most common factors contributing to commercial vehicle accidents include:
- Improper lane change,
- Following too closely,
- Failure to yield,
- Distracted driving,
- Driver fatigue,
- Ignoring traffic signs or signals,
- Improper backing,
- Improper turn, and
- Speeding.
Truck accidents occur for a multitude of reasons, many of which are purely accidental.
However, when accidents are caused by another person’s negligence, they should be held responsible. The nature of the truck driving business enhances the risk of negligence occurring.
Trucking companies incentivize quick delivery times. Therefore, truck drivers aim to beat deadlines and arrive ahead of schedule. Unfortunately, some drivers place speed over safety.
Virginia Truck Driver Regulations
The Federal Motor Carrier Safety Administration (FMCSA) imposes hours-of-service regulations on commercial truck drivers in an attempt to curb driver negligence. The regulations include:
- An 11-hour driving limit after 10 consecutive hours off duty for property-carrying drivers;
- A 10-hour driving limit after 10 consecutive hours off duty for passenger-carrying drivers;
- A mandated 30-minute driving break for every 8 hours of driving for property-carrying drivers;
- Property-carrying drivers are prohibited from working more than fourteen consecutive hours; and
- Passenger-carrying drivers are prohibited from working more than fifteen consecutive hours.
Despite these regulations, trucking companies offer bonuses to drivers who meet high mileage quotas and encourage long hours and workweeks.
In accidents involving semi-trucks, multiple factors may exist that contributed to the collision. A semi-truck accident attorney can help you determine which parties should be held liable.
Who Is Liable in Truck Accidents?
Semi-truck accidents present complexities that do not often exist in regular car accident cases, including the possibility that multiple parties are liable for your injuries.
Truck Driver
The most obvious party facing liability is the truck driver. Hundreds of thousands of accidents occur every year due to operator error.
Truck drivers make mistakes just like regular drivers, and when those mistakes cause you to suffer injuries, the driver can be held liable.
Trucking Company
Semi-trucks and their attached trailers are typically owned by the company that employs the truck driver.
Thus, issues stemming from improper maintenance of the semi-truck itself could fall on the company, rather than the driver.
Proper maintenance of semi-trucks prevents issues like worn tires and defective breaks that lead to hundreds of accidents every year.
Additionally, trucking companies employing drivers must ensure that the drivers meet necessary qualifications.
For example, semi-truck drivers must possess a commercial driver’s license (CDL) to legally operate a commercial vehicle.
A trucking company allowing an employee without a CDL to operate a commercial vehicle would be considered negligent.
As previously mentioned, the FMCSA passed regulations designed to reduce truck driver fatigue while driving.
Trucking companies are prohibited from disregarding the regulations or encouraging their employees to disobey the regulations.
Proof that a trucking company influenced a driver to go against FMCSA regulations could result in liability for the company in the event of an accident.
Accepting a Settlement Offer After a Truck Accident
Most truck accident cases settle before entering a courtroom.
After investigating your case, we will present a demand to the insurance company for the party liable in the accident.
We will negotiate with the insurance company on your behalf, convincing them that we will not settle for a penny less than you deserve. In most cases, we reach an equitable settlement to compensate our clients’ for their losses.
Reaching a settlement avoids the cost, time, and stress of going through a trial.
If the insurance company refuses to offer a settlement amount that is adequate to compensate you for your injuries, we will take your case to court.
Call (804) 889-0500 or complete the free consultation form below
FAQs: Settling a Semi-Truck Accident in Virginia
What Should I Do if the Insurance Company Offers a Low Settlement?
If the insurance company offers a settlement that feels too low, don’t accept it without consulting an experienced truck accident attorney. Insurance companies often prioritize their bottom line and may undervalue your claim by ignoring long-term medical costs or pain and suffering.
Your attorney can review the offer, assess the full value of your claim, and negotiate for fair compensation. If negotiations fail, they can take your case to court to fight for the damages you deserve. It’s crucial to have legal representation to protect your rights and ensure you aren’t pressured into accepting an unfair settlement.
What Steps Can I Take to Speed Up My Semi-Truck Accident Settlement?
While some factors are beyond your control, there are steps you can take to help expedite the settlement process:
- Seek Immediate Medical Attention: Promptly treating and documenting your injuries creates a clear record of their severity.
- Preserve Evidence: Collect and organize photos, witness information, and other evidence from the accident scene.
- Stay in Communication: Respond quickly to your attorney’s requests for documents or information.
- Follow Medical Advice: Adhering to treatment plans can prevent disputes about the extent of your injuries.
- Hire an Experienced Attorney: A skilled truck accident attorney will handle negotiations and streamline the legal process to avoid unnecessary delays.
Taking these proactive steps can help ensure a smoother and faster resolution to your case.
What Factors Can Affect the Timeline of a Semi-Truck Accident Settlement?
Several factors can influence how long it takes to settle a semi-truck accident case:
- Severity of Injuries: Cases involving severe or permanent injuries often take longer because they require detailed medical evaluations and future cost projections.
- Fault Disputes: If there’s disagreement over who is at fault, the investigation phase can become more time-consuming.
- Insurance Company Cooperation: Some insurers delay negotiations to pressure victims into accepting low offers.
- Case Complexity: Semi-truck accidents often involve multiple parties, such as the driver, trucking company, and manufacturer, which can complicate settlements.
- Litigation Needs: If a fair settlement can’t be reached, taking the case to trial adds significant time to the process.
Understanding these factors can help you manage expectations and work closely with your attorney to navigate delays effectively.
Schedule a 100% Free Consultation With a Virginia Truck Accident Lawyer
With prior experience as a litigator for insurance companies, attorney Brooke Alexander provides a wealth of experience in negotiating the top settlement offer for our clients.
We offer a free, no-obligation consultation and case evaluation to review your truck accident case and get you the legal assistance you deserve.
In fact, you owe us legal fees only if we recover compensation on your behalf.
Call River Run Law at (804) 889-0500 or contact us online to speak to one of our Virginia truck accident attorneys.
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