Do Most Truck Accident Cases Settle?

If you have been injured in a Savannah truck accident, you may be forced to deal with devastating injuries, costly medical expenses, lost wages, and more. Fortunately, the law allows you to seek compensation for your injuries and other losses if the truck driver, trucking company, or another entity was responsible for the crash. An experienced truck accident lawyer could help you file an injury claim and recover money for your crash-related losses.

But when you’re too hurt to work and the bills begin piling up, it’s natural to wonder whether you’ll be forced to endure a lengthy trial before you can get the compensation you are owed. Ultimately, the vast majority of truck accident cases are settled well before they ever reach the inside of a courtroom. One reason for this is that it’s generally better for everyone involved to avoid going to trial. Even relatively simple court cases can be incredibly costly for all parties, and they only get more expensive the longer a trial lasts. 

Another reason most truck accident cases settle is that there’s no room for negotiation when it comes to trial verdicts. The court simply decides whether or not you are entitled to compensation, and, if so, how much. This means if you win your case, the trucking company must pay for everything, but if you lose, you get nothing. Most people don’t want to risk this type of all-or-nothing outcome, so it’s much more common for both parties to compromise with a settlement.

To learn more about truck accident cases and settlements, continue reading or contact the dedicated attorneys at Spiva Law Group for a free initial consultation.

How Long Does It Take to Settle a Truck Accident Claim?

Every truck accident case is different, but truck accident claims tend to take significantly longer to settle than most car accident claims. This is because truck accident claims tend to be much more expensive, and there are often multiple parties who share liability.

There’s no way to determine exactly how long it will take to settle a particular claim, but you can generally expect a longer settlement process when:

• You suffer severe injuries – When you accept a settlement, you can’t go back and ask for more money later on. As a result, you typically need to wait for your injuries to heal before you know exactly how much money to demand. If you have especially severe injuries, it can take months or even years before you reach maximum medical improvement and can begin negotiations.
• You have a large claim – When there’s more money on the line, you can bet the trucking company and their insurance provider will fight tooth and nail to reduce their payout as much as possible. For this reason, larger accident claims take much longer to negotiate before everyone ultimately agrees to a settlement.
• It’s not clear who was at fault – In complex truck accident cases, it can be difficult to determine who was at fault for the wreck. If it’s not clear who was responsible, it typically takes much longer for investigators to review the available evidence. Insurance companies may try to shift blame to other parties.
• Multiple parties are accountable – There are often multiple entities involved in the operations of a commercial truck, including the driver, the trucking company, maintenance crews, and cargo loading teams. If more than one of these parties shares liability for the accident, there may be multiple insurance companies and attorneys in the mix, which can complicate matters and result in substantial delays.

How Do You Determine Who Is at Fault for a Trucking Accident?

When investigators look into truck accidents, they rely on various types of evidence to determine what happened and who was at fault. Common types of evidence in Savannah truck accident claims include:

• Police accident reports – Official crash reports often include valuable information such as citations issued for traffic violations, toxicology test results, and the investigating officer’s opinion regarding who was at fault.
• Truck “black box” data – Most modern trucks contain “black boxes” that record data such as the truck’s speed, direction, brake application, and other measures that can help show factors that contributed to the crash.
• Other electronic records – Electronic logging devices can provide information about the truck driver’s hours of service, truck maintenance history, and time between stops.
• Trucking company records – The trucking company’s records can show the company’s hiring and training practices, truck maintenance schedules, and dispatch instructions.
• Cargo-related documents – Bills of lading and cargo manifests can indicate the types of cargo the truck was hauling before the accident and whether the cargo was overloaded or improperly secured.
• Eyewitness statements – If any eyewitnesses saw the crash, they can provide valuable, unbiased testimony to confirm what really happened.
• Expert witness testimony – Expert witnesses such as accident reconstruction specialists can examine the available evidence to draw reliable conclusions about how the accident likely occurred.

Are Trucking Companies Required to Carry Insurance for Personal Injury Claims?

Yes. Under Georgia law, any commercial freight carriers operating in the state are required to carry the following minimum amounts of accident insurance:

• $100,000 per person in bodily injury liability coverage
• $300,000 per accident in bodily injury liability coverage
• $50,000 per accident in property damage liability coverage

If a trucking company is involved in interstate operations, the minimum insurance requirements are often much higher. Depending on the types of cargo being transported, interstate trucking companies may have insurance policies that cover millions of dollars in damages.

How Much Compensation Is Available for My Truck Accident Claim?

The amount of money you can recover from a Savannah truck accident claim varies considerably based on the circumstances of the wreck, so it’s impossible to say precisely how much you could be owed. Typically, truck accidents offer higher value settlements due to the larger insurance limits. Depending on your situation, you may be entitled to compensation for:

• Any reasonable and necessary medical expenses relating to the accident
• Out-of-pocket costs for incidental expenses, such as travel costs
• Lost wages from missed time at work
• Projected losses in your lifetime earning potential
• The intangible costs of your pain, suffering, and lost quality of life

Contact a Savannah Truck Accident Lawyer Today

When you need help from an experienced injury attorney after a truck accident in Savannah, don’t hesitate to reach out to the Spiva Law Group. We put our clients’ needs first, and we fight fiercely for justice. We can answer your questions and explain your legal options when you contact us for your free initial case review.