Last updated on September 13th, 2023 at 10:12 am
Truck accidents can cause severe injuries and damages, which are sometimes hard to recover from. Some of these accidents can lead to wrongful death, a loss to the surviving family members. The injuries can be severe and lead to great suffering and pain. There is a lot of loss that you can get, such as medical bills, lost income, reduced quality of life, emotional distress, and disability or disfigurement. You must seek compensation after the accident to get some relief. However, many factors can affect the time taken before compensation. Learning about these factors helps you know what you can do to avoid late settlements. This article will explore the factors affecting how long it takes to settle your truck accident claim.
Determining Liability
One of the core factors that will determine the truck accident claim is determining liability or the person financially responsible for the accident. You must prove beyond any reasonable doubt that someone else is reliable for the accident to get the compensation. Demonstrating liability can take time as the truck can involve other parties. Some of the parties that can be held reliable include:
● The Truck Companies
● The Truck manufacturer
● Employees who loaded the cargo in the truck
● Government agency or contractor
● The truck inspector or mechanic
The Process of Gathering Evidence
For any truck accident lawsuit, you need to have enough evidence to prove you are the victim to get compensation. Being injured and going for medical treatment can be challenging when you try to obtain proof of your own. You need to seek a truck accident lawyer to help you gather information. After the lawyer helps to file your intent to pursue a truck accident claim, the evidence collection should commerce. Some of the evidence to support your truck accident claim include:
Reviewing the Police Report
After an accident, you need to call the police to help access the situation. The police will file police crash reports, which will contain valuable evidence that will act as evidence in court. In the report, the police will indicate the cause of the accident and identify potentially liable parties. Additionally, the police may collect the witness statements and the contact information of those on the scene.
Contacting The Witness
After the accidents, reviewing and taking witness statements is essential. Your attorney and the truck driver’s insurance might conduct interviews with any witnesses present as soon as possible. This will ensure the statements accurately describe how the accident occurred.
Other things included in the evidence include
● Obtaining and reviewing any video footage of the accident
● Assessing the damage to the vehicle and establishing the cause
● Taking and gathering photographs of the accident
● Medical Records
Insurance Investigation
The insurance representing the truck driver and the parties involved will need time to evaluate the evidence you have against them, conduct inspections and do negotiations. Further, the trucking company might have purchased different insurance policies for their trailers, rigs, and drivers. This makes the process even more lengthy before agreeing on the way forward.
Proving Negligence
When determining liability kits, it’s a way to demonstrate negligence. You must prove that the liable party was negligent, which led to the accident’s cause. To prove negligence, you will have to confirm the following.
There Was a Duty of Care
When proving duty of care, you must illustrate that the liable party owed you the responsibility to act in a way that will ensure your safety and cause no injury.
Breach of duty of care
After proving that the liable person owed you the responsibility to act responsibly, you need to prove that they breached it. This means that the reliable party violated the breach of care that led to the accident. Some breaches include when drivers drive under the influence or text while driving.
Causation
You will also need to prove that the accident was due to their actions; that the accident happened because the other party acted unreasonably in that specific situation. There are reactions expected of a normal person in certain situations, therefore, anything contrary to that is considered negligence.
Damages
These are the losses you get from the accident. These damages must be linked to the direct cause of breach of care by the person. Some of the significant injuries include damage to property, medical bills, rehabilitation, and therapy needs.
The Statute of Limitations
There is a limitation for the period you should file your claim. Every state has a statute of limitations and it varies from state to state, so your claim will not be viable if it elapses. The statute of limitation will begin when you discover your injuries or your loved one dies. It’s always crucial to consult with an attorney in your home state to know if you are the subject and ensure you file a claim within the set time. For example, if you live in Arizona, you should contact an accident attorney in Arizona who knows the specific laws in that state.
The above factors can affect how long it takes to get compensated. Investing in a good reputable lawyer to guide you through the process is crucial.
