When you have been injured in a truck accident, one of the first questions you may have is: “How long will it take for my truck accident claim to settle?” Unfortunately, there’s no one-size-fits-all answer. Truck accident claims are often complex, involving multiple parties, extensive evidence, and serious or even catastrophic injuries. While some cases may resolve in several months, others can take a year or more – especially if litigation becomes necessary.
Understanding what affects the length of your case can help you prepare for the legal process and make informed decisions about your recovery. Read on for insight into the claims process from the truck accident attorneys at Kherkher Garcia.
Understanding Truck Accident Claims
Truck accident claims differ significantly from ordinary car accident cases. Commercial trucks are governed by strict federal and state regulations, and multiple parties may share liability. This means your attorney must investigate not only the truck driver’s conduct but also the trucking company’s hiring, training, and maintenance practices. Sometimes, even the manufacturers of defective parts or the companies that loaded the truck can be held liable.
To build a successful claim, your legal team will need to collect and analyze evidence such as:
- Driver logs and black box data
- Maintenance and inspection records
- Cargo loading manifests
- Cell phone and GPS data
- Witness statements and accident reconstruction reports
The process of gathering this evidence can take time, especially if defendants delay in producing documents or attempt to dispute liability.
Common Types of Truck Accidents
Truck accidents occur in many ways, often resulting in devastating consequences for smaller vehicles and their occupants. Some of the most common types include:
- Jackknife accidents: When a trailer swings out and forms a “V” shape with the cab, often due to sudden braking or slick road conditions.
- Rear-end collisions: Large trucks require significantly more stopping distance. Failure to maintain proper distance can cause high-impact crashes.
- Underride accidents: When a smaller vehicle slides beneath a trailer, often causing catastrophic or fatal injuries.
- Rollover accidents: Caused by uneven loads, excessive speeds, or sharp turns.
- Blind spot collisions: Trucks have large “no-zones” where other vehicles can disappear from view.
Common Truck Accident Injuries
Truck accidents often result in serious injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Amputations
- Burns
- Multiple fractures
Severe injuries not only extend recovery time but can also lengthen the claims process as doctors and attorneys assess long-term medical needs and future damages.
The Truck Accident Claim Process
While every case is unique, most truck accident claims follow a general timeline. Understanding each phase can help you estimate how long your own case might take.
Investigation and Case Preparation (1-3 months or more)
Your attorney will begin by investigating the cause of the crash and identifying liable parties. This stage involves collecting accident reports, medical records, and expert testimony. Trucking companies and insurers often delay releasing key evidence, which can slow progress.
Medical Treatment and Maximum Medical Improvement (MMI) (3–12 months)
Your attorney will typically wait until you’ve reached maximum medical improvement – the point at which your condition has stabilized – to begin serious settlement negotiations. This ensures all future medical costs and damages are accurately calculated.
Settlement Negotiations (2–6 months)
Once your damages are well-documented, your lawyer will present a demand package to the insurance company. Negotiations can last several months, as insurers may offer low settlements or dispute liability. An experienced truck accident attorney will push back against these tactics to secure full and fair compensation.
Filing a Lawsuit (6–24 months, depending on the case)
If a fair settlement cannot be reached, your attorney may file a lawsuit. Litigation involves formal discovery, depositions, and potentially trial. Many cases settle before trial, but this phase can still take a year or longer depending on the court’s schedule and the complexity of the evidence. Every court operates on a separate schedule depending on their caseload and judge’s schedules.
Factors That Affect How Long a Truck Accident Claim Takes
Several variables can impact how quickly your claim resolves:
- Severity of injuries: More serious injuries often mean longer recovery periods, making it harder to calculate total damages early on.
- Liability disputes: If multiple parties are involved or defendants deny fault, extensive investigation and expert analysis may be required.
- Insurance company tactics: Insurers sometimes delay negotiations in hopes of pressuring victims into accepting less money.
- Court backlogs: If litigation becomes necessary, crowded dockets can delay hearings and trials.
- Settlement vs. trial: Most cases settle out of court, but those that go to trial will take considerably longer to resolve.
An experienced attorney can help manage these factors by keeping pressure on insurers, ensuring timely filings, and preparing your case thoroughly from the start.
How Long Do Truck Accident Settlements Take in Texas?
In Texas, the average truck accident settlement process can take anywhere from six months to two years, depending on the complexity of the case. Minor injury claims may settle faster, while cases involving wrongful death, catastrophic injuries, or multiple defendants often take much longer.
At Kherkher Garcia, we have handled some of the largest and most complex truck accident cases in the country. Our legal team understands how to navigate federal trucking regulations, preserve key evidence before it disappears, and aggressively pursue justice for victims and their families.
Frequently Asked Questions
How soon should I contact a truck accident lawyer?
Immediately. Trucking companies begin investigating accidents right away, often sending teams to the scene to gather evidence. Contacting a lawyer quickly ensures your rights are protected and critical evidence is preserved.
Can I still recover compensation if I was partially at fault?
Yes. Texas follows a modified comparative fault rule, meaning you can still recover damages if you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
What types of compensation can I recover?
Victims may be entitled to recover compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Loss of consortium or companionship (in wrongful death cases)
Will my case go to trial?
Not necessarily. Most truck accident claims settle before trial. However, if the insurance company refuses to offer a fair settlement, your attorney may recommend litigation to pursue the compensation you deserve.
Why Choose Kherkher Garcia
Truck accident claims require extensive legal experience and deep knowledge of both state and federal trucking laws. At Kherkher Garcia, we have spent decades representing victims of catastrophic truck accidents and holding negligent drivers, companies, and manufacturers accountable.
Our firm has secured billions of dollars for clients in personal injury and wrongful death cases, including life-changing results for victims of truck, industrial, and chemical accidents. We approach every case with compassion and determination, fighting for the maximum compensation our clients deserve.
If you or a loved one has been injured in a truck accident, don’t face the legal system alone. Our dedicated attorneys are here to guide you through every step of the process, from investigation to resolution.
Contact Kherkher Garcia Today
Time is critical after a truck accident. Evidence can disappear, and statutes of limitation may limit how long you have to file a claim. Contact Kherkher Garcia today for a free, confidential consultation. Let our experienced attorneys fight for your rights and help you recover the compensation you deserve.
Start your consultation now by calling 713-333-1030. You can also request more information by submitting our online contact form.
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