How long does it take to settle a jackknife truck accident claim? A jackknife truck accident claim can take months to years to settle, depending on the time it takes to investigate, liability disputes, and the extent of your injuries.
Our Las Vegas jackknife accident lawyer can walk you through the claims process and help you resolve your case as efficiently as possible.
What’s Involved in the Jackknife Truck Accident Claim Process?
If you or a loved one has been harmed in a jackknife truck accident, it is important to know that the length of time to settle your case completely depends on the unique details of your case.
It may take time to understand the full medical picture of your injuries. Factors that will influence the time it takes to settle your jackknife truck accident claim may include the following.
Investigation and Gathering Evidence
The claims process involves an investigation and collecting important evidence to support your case. Evidence may include:
- Police reports
- Accident scene photographs
- Witness statements
- Surveillance or dash camera footage
- Electronic logging device (ELD) data
- Truck black box information
- Driver qualification and training records
- Truck maintenance and inspection records
- Cargo loading documentation
After a jackknife truck accident, evidence needs to be recovered quickly. Once the police complete their investigation, they may release the truck to be repaired. Having an attorney conduct an independent investigation can help preserve the critical evidence for your claim.
Medical Treatment and Assessing Damage
When calculating damages for your settlement, you’ll need a complete medical picture. Depending on the severity of injuries, this can take time. For example, traumatic brain injuries and spinal cord damage can take months to heal and see if there is permanent damage. In addition, some injuries may lead to complications, like infection or chronic pain.
You may require ongoing treatment for months after a crash. Waiting until your medical condition stabilizes can help you assess your full losses.
Negotiations
The length of time it takes to settle a jackknife truck accident claim also depends on negotiations. If you work with a Las Vegas truck accident lawyer, they can prepare and file your claim. This usually outlines:
- How the accident occurred
- Why the trucking company or other parties are liable
- The extent of your injuries
- Your medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Other recoverable damages
Insurance companies rarely accept the initial assessment of damages without negotiation. The time it takes to go back and forth with the insurance adjusters will depend on the complexity of the case. Negotiations may last a few weeks to several months.
Possible Litigation
If the insurance company or at-fault party refuses to offer a fair settlement, you may need to go to trial to recover compensation. Filing a lawsuit and discovery can take several months. This is the longest part of the litigation phase. Mediation and/or trial can last a few weeks to a few months. If there are multiple liable parties or if liability is disputed, this may drag out the process.
Why Jackknife Truck Accident Claims Can Take Longer Than Other Accident Cases
Jackknife truck accident claims frequently involve unique issues that can extend the settlement process compared to the average car crash.
Liability Can Be Complex with Multiple Parties
In commercial vehicle accidents, there can be multiple parties at fault. If so, each party may have separate insurance carriers, policy limits, and legal teams. Some potentially liable parties may include:
- The truck driver
- The trucking company
- A cargo loading company
- Maintenance or repair providers
- A truck or parts manufacturer
- Another negligent motorist who contributed to the crash
When fault is shared, it is reflected as a percentage. Determining each party’s percentage of blame can require proving negligence for a truck accident in Nevada through extensive research and investigation.
The Investigation May Take Longer Than the Average Traffic Accident
A jackknife accident occurs when a tractor-trailer folds in on itself at a sharp angle, forming a V shape.
These large commercial vehicles must adhere to specific safety standards set by the Federal Motor Carrier Safety Administration (FMCSA). Violating these standards can cause a truck to jackknife, such as breaking cargo securement rules, driver fatigue, speeding, or a lack of maintenance on brakes.
Higher Financial Stakes
While most accident claims are settled out of court, larger claims often dispute liability, question medical treatment, and challenge the value of your damages.
For example, catastrophic injuries like the loss of a limb or paralysis will substantially increase the value of your claim. You may never recover fully, leading to significant loss of income and future income.
Contact H&P Law to Learn More About Your Jackknife Truck Accident Claim
How long it takes to settle a jackknife truck accident claim depends on the severity of your injuries, the complexity of liability, and whether the insurance company negotiates fairly. While every case is different, it is important to build a strong case that encompasses your full damages rather than accepting a quick settlement.
At H&P Law, we understand the challenges that follow serious jackknife truck accidents. We can explain what to expect during the claims process, answer your questions, and fight for the compensation you deserve.
