How Long Does a Truck Accident Lawsuit Take?
Like any industry that requires drivers to work long shifts, trucking has seen its fair share of accidents. Due to the nature of the trucking industry, lawsuits are frequently involved as a result of or following an accident. How long they take often depends on a lot of different moving parts, and it’s important to understand the lawsuit procedure if you’re involved in the trucking industry.
What would cause a lawsuit?
Truck accident lawsuits can stem from any truck driving accident in which someone was injured. Oftentimes, this is suspected to be a result of negligence on behalf of the driver. Even if the victim has partial fault in causing the accident, they may still be able to recoup some of the damages through a truck accident lawsuit under California law. While a trucking company may be eager to offer a settlement to speed up the process, it’s often wise to consult with a California truck accident lawyer to determine whether or not a lawsuit would benefit the victim.
Truck accident lawsuit damages
Depending on the injuries sustained and other damages, the victim in a truck accident may be awarded substantial recompense. Commonly, these are awarded in the form of economic damages in which a dollar value can be deduced. These include medical bills, treatments, follow-up appointments with physicians, prescriptions, and vehicle repairs.
If the injuries were severe enough to cause the victim to miss work or require physical rehabilitation, the victim can seek damages in the form of lost wages, diminished earning capacity, and additional work-related payments.
Non-economic damages are a little harder to assess as they can’t be accurately priced out and often rely on the opinion of a judge during the lawsuit process. Non-economic damages include physical disabilities and disfigurements, pain and suffering, and emotional distress. An attorney may be able to better assess the value of non-economic damages and will advise you on how to proceed.
Who’s fault was the accident?
Truck accident fault depends heavily on negligence. Luckily, California negligence law is very transparent about assessing fault, and there are three key elements. Firstly, the truck driver owed the victim a duty of care which means the driver took reasonable care while behind the wheel. Second, the truck driver breached that duty of care. Lastly, the breach was a substantial factor in the cause of the accident. If these three conditions are met, the negligence lies with the truck driver.
Common causes of negligence include distracted driving, driving under the influence, speeding, violating essential traffic laws, texting and driving, and many others. One of the hazards of the trucking industry is that many drivers are operating trucks while tired due to the frequently long length of an average trucking shift.
How long does the lawsuit take?
Unfortunately, there’s no easy answer as to the length of a lawsuit since there are so many determining factors. In some cases, the truck driver or trucking company will want to fight back against the lawsuit which can greatly prolong the process. In other cases, they’ll want to settle much more quickly and the lawsuit won’t require court intervention to be successful. If you’ve been in an accident with a truck driver and are unsure of how to proceed, your best bet is to contact an attorney to discuss the specifics of your case.
While it’s often tempting to settle, frequently the first offer isn’t the best, and an attorney can help you seek the damages you’re owed. Though the lawsuit process can be stressful, navigating it alone is a tricky situation, but with an attorney on your side, you’re much more likely to be successful.