How Long Does an 18-Wheeler Lawsuit Take in California?
Most 18-wheeler lawsuits in California settle within 6 to 16 months. However, some cases may take longer due to the complexity of truck accidents, the involvement of multiple parties, and the need to comply with strict federal and state trucking regulations.
Unlike passenger vehicle accidents, trucking accidents often result in catastrophic injuries or permanent disabilities. This can lead to extended recovery periods, prolonged investigations, and drawn-out negotiations.
The timeline for your case may be affected by several key factors, including:
- Severity of injuries and maximum medical improvement (MMI)
- Compliance with FMCSA regulations
- Determining fault and comparative negligence
- Multiple liable parties
- Insurance negotiation tactics
- Litigation and court timelines
- Collecting medical bills, records, and evidence
- Resolving medical liens and bills
- The willingness of the parties to settle
It’s vital to act promptly, as California law requires personal injury lawsuits to be filed within two years of the accident. Missing this deadline could prevent you from recovering compensation for your damages.
Waiting for your truck accident claim to move forward can feel endless, but we’re here to change that. As your California truck accident lawyer, we’ll focus on resolving your case as efficiently as possible while fighting for the compensation you deserve.
A timeline for truck accident lawsuits
Here’s a detailed timeline of the steps involved in a typical 18-wheeler lawsuit and their approximate timeframes:
- Initial investigation and claim filing: 2–4 weeks. We start by gathering essential evidence, like police reports and witness statements, and filing a claim with the insurance companies of the at-fault parties.
- Medical treatment and reaching MMI: Variable (weeks to months). You’ll need to complete your medical treatment or reach maximum medical improvement (MMI) to calculate all damages, including future care needs.
- Evidence collection and FMCSA compliance review: 3–6 months. We review critical evidence, such as driver logs, hours of service records, and maintenance logs, to ensure trucking companies comply with FMCSA regulations.
- Demand and pre-litigation negotiations: 2–6 months. We send a demand letter detailing your compensation needs and begin negotiations with the insurance companies.
- Filing the lawsuit: 1–2 weeks. If we can’t reach a fair settlement, we promptly file a formal lawsuit in court.
- Discovery process: 6 months–1 year. Both sides exchange evidence, depose witnesses, and prepare expert testimony during this critical phase.
- Mediation or settlement negotiations: 1–3 months. Many cases are resolved during mediation, allowing us to avoid a lengthy trial.
- Trial preparation and trial: 1 week–several months. If a trial is necessary, we’ll present strong evidence and expert testimony to secure the best possible outcome for your case.
- Settlement disbursement: 2–4 weeks after resolution. Once your case is resolved, we ensure the funds are distributed efficiently to you, your medical providers, and any lien holders.
We know how delays in a truck accident case can add unnecessary stress to an already difficult time. As your Torrance truck accident lawyer, we’ll work diligently to ensure your claim progresses quickly, so you can put this behind you and focus on what matters most.
Factors that affect how long a semi-truck accident takes
While the above timeline gives a general idea, several key factors can significantly influence how long your case will take:
Severity of injuries and maximum medical improvement (MMI)
Injuries from 18-wheeler accidents are often catastrophic, including traumatic brain injuries, spinal cord damage, amputations, and internal organ damage. These types of injuries often take months or even years to heal.
We wait until you’ve reached maximum medical improvement (MMI) to evaluate your case. This allows us to account for all current and future costs, including medical bills, lost wages, and long-term care.
Settling too early could result in a lower payout that doesn’t reflect your true needs.
Compliance with FMCSA regulations
We hold trucking companies accountable to Federal Motor Carrier Safety Administration (FMCSA) regulations. These rules govern everything from hours of service to vehicle maintenance and hiring practices.
When violations occur, such as overworked drivers or poorly maintained trucks, we gather evidence like driver logs, GPS data, and maintenance reports. This process ensures the trucking company is held responsible, though it can take time when they resist cooperating.
Determining fault and comparative negligence
Establishing fault in a truck accident often involves multiple parties. Under California’s pure comparative negligence laws, we work to protect your claim if there are allegations of shared fault.
For example, the truck driver, their employer, or even a parts manufacturer might share responsibility. Allegations of comparative negligence can delay resolution, but we fight to prove your case and minimize your fault percentage.
Multiple liable parties
Unlike most car accidents, truck accidents often involve several liable parties, including:
- Truck drivers: These drivers may have violated safety rules or driven negligently.
- Trucking companies: Responsible for hiring practices, vehicle maintenance, and ensuring compliance with FMCSA regulations.
- Shippers and cargo loaders: Negligence of shippers and cargo loaders when loading cargo can lead to instability.
- Parts manufacturers: If defective equipment contributed to the crash.
Negotiating with multiple insurers or filing claims against several parties requires extensive coordination, which can add months to the timeline.
Insurance negotiation tactics
Insurance companies often delay negotiations to pressure victims into settling for less than they deserve. They may request unnecessary documentation, dispute damages, or claim partial fault, prolonging the resolution process.
These tactics are especially common in high-value cases involving severe injuries. Our qualified truck accident attorney will counter these strategies by building a strong case with comprehensive evidence and negotiating assertively to secure a fair settlement.
Litigation and court timelines
While most truck accident cases settle out of court, litigation becomes necessary when insurers refuse to offer reasonable compensation. Filing a lawsuit involves multiple phases, including:
- Discovery: Both sides exchange evidence and depose witnesses.
- Trial preparation: Attorneys prepare arguments and expert testimony.
- Trial: A judge or jury evaluates the case and issues a verdict.
Litigation adds significant time to the process, with some cases taking years to resolve. However, it’s often essential to ensure you receive the compensation you deserve.
Collecting medical bills, records, and evidence
Accurate and comprehensive documentation is essential for building a strong truck accident claim. This includes:
- Medical records and bills to prove treatment costs.
- Employer records or tax returns to demonstrate lost wages.
- Accident reconstruction reports and expert opinions to establish fault.
Delays can occur if records are incomplete or if additional information is requested by the insurance company. Our competent attorney will expedite the process by coordinating directly with medical providers, experts, and other parties to ensure all necessary documentation is obtained promptly.
Resolving medical liens and bills
Settlement funds cannot be distributed until all medical liens and outstanding bills are resolved. Medical providers, health insurers, and even government programs like Medicare or Medicaid may have a legal right to reimbursement for the costs of your treatment.
Your attorney will handle this process by:
- Identifying all liens and amounts owed.
- Negotiating with medical providers to reduce repayment amounts.
- Ensuring timely resolution to prevent delays in settlement disbursement.
By addressing liens effectively, your attorney helps maximize your net compensation while avoiding prolonged delays.
The willingness of the parties to settle
The cooperation of the trucking company and its insurer is a key factor in how long your case takes. Some insurers negotiate in good faith, while others drag out the process to minimize payouts or push the case closer to the statute of limitations.
Your attorney’s negotiation skills play a key role in pushing for timely resolutions. However, if the opposing party remains unwilling to settle, proceeding to litigation may be the only option.
When you’re dealing with the outcome of a truck accident, every delay can feel like a setback. As your San Bernardino truck accident lawyer, we’re committed to speeding up the process and securing the results you need to move forward. Schedule your consultation today and let’s get started.
The best way to speed up the process: use our qualified attorneys
The most effective way to expedite your truck accident case is to hire our competent attorneys. Our expert lawyers will:
- Conduct thorough investigations into FMCSA compliance and liability.
- Build a strong case with comprehensive evidence.
- Handle all negotiations and counter insurance company tactics.
- Resolve medical liens efficiently to avoid delays in fund disbursement.
At Feher Law, we know how important it is to move forward after a devastating truck accident. Whether you or a loved one has been injured, our team is committed to resolving your claim as efficiently as possible. We work tirelessly to secure the truck accident settlement amount you need to rebuild and move on with your life.
Recent case results
- $1,100,000 Verdict – Carter vs. Stepter: Secured for a truck crash in Alhambra resulting in neck injuries.
- $1,500,000 Verdict – Mendez vs. Go Express, LLC: Recovered for a truck crash in Fresno leading to a back injury.
Don’t let delays prevent you from moving forward. Contact us today for a free consultation and let our team fight for the justice and compensation you deserve.
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