How Long Does a Truck Accident Lawsuit Take? [Estimate & Timeline]

There’s no set timeline to how long a truck accident lawsuit takes, but a serious truck accident case can easily take one to two years or longer to resolve. Some cases settle in a matter of months while others take several years, particularly when the injuries are severe, liability is disputed, insurance negotiations break down, or the case needs to go to trial.

At Armstrong Lee & Baker, we regularly see cases that take around two years from the time we sign the client to the time the case settles. That may sound like a long time, but serious truck accident cases are rarely simple. There may be multiple insurance policies, extensive medical treatment, disputed liability, trucking records to investigate, expert witnesses to consult, and significant future losses to calculate.

The goal should not necessarily be to settle as quickly as possible. The goal is to build the strongest case possible and pursue the maximum compensation the evidence supports.

How Long Does a Truck Accident Case Take?

Every case is different, but a rough timeline can look something like this:

• First few months: Your lawyer investigates the crash, gathers evidence, communicates with insurers, and keeps track of your medical treatment.
• Several months to a year or more: This is often when the case starts to take shape. You may still be treating your injuries while your legal team investigates liability, calculates your losses, and begins negotiating with the insurance company. For serious injuries, getting a clear picture of your future medical needs and financial losses can take considerable time.
• Six months to two years or more after filing: Discovery can involve documents, depositions, expert witnesses, motions, and mediation. Settlement negotiations may continue throughout this process.
• If the case goes to trial: Getting a trial date can add months or longer to the timeline. The trial itself may last anywhere from a few days to several weeks.

These are estimates, not deadlines. A case involving relatively minor injuries and clear liability could resolve much faster. A case involving a catastrophic injury, disputed fault, or multiple defendants could take significantly longer.

One important point is that filing a lawsuit does not necessarily mean your case will end up in front of a jury. Many truck accident cases settle after a lawsuit is filed, sometimes during discovery when new evidence changes the parties’ positions.

Why Do Truck Accident Cases Take So Long?

Truck accident cases tend to involve more evidence and more potential sources of liability than an ordinary car accident. The trucking company may have attorneys and investigators working on the case almost immediately, while your legal team may need to reconstruct what happened months or even years later.

The timeline is usually driven by three major factors: the severity of your injuries, insurance negotiations, and whether the parties are willing to settle.

1. The Severity of Your Injuries

The more serious your injuries, the longer your case may take. This is because it is difficult to know the full value of a serious injury claim while you are still receiving treatment. Your lawyer needs to understand not only what your medical bills are today, but also what your injuries may mean for your health, ability to work, and quality of life years in the future.

For example, someone who suffers a broken bone and makes a full recovery may reach maximum medical improvement relatively quickly. Someone who suffers a traumatic brain injury, spinal cord injury, amputation, or other catastrophic injury may need months or years of treatment before doctors can give a clearer picture of the long-term effects.

Settling too early can mean accepting compensation before the full extent of your losses is known.

2. Insurance Company Negotiations

Insurance negotiations can also add significant time to a truck accident case.

Commercial trucking companies may carry substantial insurance policies, and serious truck accidents can result in substantial claims. The insurance company has a financial incentive to limit what it pays, while your attorney’s job is to build the evidence supporting the compensation you’re seeking.

The process may involve:

• Exchanging medical records
• Reviewing accident evidence
• Investigating liability
• Preparing a demand
• Responding to offers
• Negotiating with the insurance company

Sometimes the insurer makes a reasonable offer and the case can settle without filing a lawsuit. Other times, the offers simply do not reflect the severity of the injuries or the evidence supporting liability. When that happens, filing a lawsuit may be necessary to move the case forward.

3. Whether Both Sides Are Willing to Settle

A case can move relatively quickly when everyone involved is motivated to reach an agreement. But when the trucking company or its insurer disputes liability or refuses to offer appropriate compensation, the case may need to move into litigation.

That doesn’t mean settlement is off the table. In fact, settlement negotiations often continue throughout the litigation process.

The difference is that your lawyer is no longer simply asking an insurance company to pay your claim. The case is now moving through the formal legal process, which creates additional opportunities to obtain evidence and build leverage for negotiations.

If you and your attorney decide to take the case all the way to trial, there is a chance you could receive more compensation than what was previously offered through settlement negotiations. The tricky part always comes down to how long you are willing to wait and how much your case is truly worth.

Truck Accident Lawsuit Timeline: What to Expect

So, what actually happens during the months or years of a truck accident lawsuit?

Step 1: Investigation After the Crash

The first stage is investigating what happened.

Truck accident investigations can involve much more than reviewing the police report. Your attorney may need to examine photographs, witness statements, vehicle damage, electronic data, driver records, trucking company records, maintenance records, employment information, and other evidence.

Truck accident evidence can also disappear or become harder to obtain as time passes. Getting an attorney involved early can give your legal team an opportunity to identify and preserve important evidence.

Step 2: Medical Treatment and Evaluating Your Injuries

Your attorney needs to understand the extent of your injuries before determining what a reasonable resolution of the case may look like. That may mean waiting until your doctors have a better understanding of your prognosis.

For serious injuries, this can take considerable time. Your case may involve not only past medical expenses, but also future treatment, lost income, reduced earning capacity, physical pain, and other losses.

Step 3: Building and Presenting the Claim

Once your legal team has enough information, it can present the claim to the insurance company. This generally involves documenting liability and your damages and explaining why the evidence supports the compensation being requested.

If the insurer responds with an acceptable settlement, the case may resolve at this stage. If not, your attorney may recommend filing a lawsuit.

Step 4: Filing a Lawsuit

Filing a lawsuit begins the formal litigation process.

In Texas, a personal injury lawsuit generally must be filed within two years of the date of the injury. The statute of limitations is a deadline for filing the lawsuit, not a prediction that your case will be finished within two years. A lawsuit can continue well beyond the date by which it had to be filed.

Step 5: Discovery

Discovery is often one of the longest parts of a truck accident lawsuit. During discovery, both sides exchange information and evidence relevant to the case. This can include written questions, documents, records, depositions, and other evidence.

Truck accident cases can require extensive discovery because there may be questions about:

• The truck driver’s actions and qualifications
• The trucking company’s policies and training
• Driver logs and hours of service
• Vehicle maintenance
• Inspection records
• Electronic vehicle data
• Accident reconstruction
• Other potentially responsible parties

The complexity of the case can make this process take many months or longer.

Step 6: Mediation and Continued Settlement Negotiations

Even after a lawsuit has been filed, the case may settle. Courts frequently encourage parties to try to resolve their disputes without a trial. Mediation gives both sides an opportunity to negotiate with the assistance of a neutral third party.

A settlement at this stage can bring the case to an end without a jury trial.

Step 7: Trial

If the parties cannot reach an agreement, the case may proceed to trial. The trial itself may only take days or weeks. The longer part is often getting the case ready for trial and waiting for a trial date.

That’s why a truck accident lawsuit that goes to trial can take significantly longer than a case that settles during negotiations.

Does a Faster Settlement Mean a Better Settlement?

Not necessarily. It can be tempting to look at a settlement offer and think that if you take the offer at least your case will be over.

But the speed of a settlement is only one consideration. If you’re still receiving treatment for serious injuries or the insurance company is undervaluing your claim, accepting an early offer could leave you responsible for losses that become apparent later.

On the other hand, there is no reason to prolong a case simply for the sake of prolonging it. If the evidence supports a fair settlement and both sides are ready to resolve the dispute, settlement can make sense. There is also a cost consideration since truck accident lawyers often charge a little more for cases that go all the way to trial.

The right timeline depends on the circumstances of the individual case.

What Can Make a Truck Accident Lawsuit Take Longer?

In addition to injury severity and settlement negotiations, several other issues can affect how long your case takes.

• Disputed liability: If the trucking company argues that its driver was not responsible, or claims that you contributed to the crash, your attorney may need additional evidence and expert analysis to establish what happened.
• Multiple defendants: A truck accident may involve the driver, trucking company, vehicle owner, maintenance company, manufacturer, shipper, or other parties. Determining who is legally responsible can add complexity.
• Complex injuries: Catastrophic injuries often require extensive medical treatment and expert testimony about future care, lost earning capacity, and other damages.
• Court scheduling: Once a lawsuit is filed, some aspects of the timeline depend on the court’s schedule and the deadlines established for the case.
• Experts: Accident reconstructionists, medical experts, economists, and other specialists may be necessary depending on the case.
• Trial: Preparing a case for trial takes time. But the possibility of trial can also affect settlement negotiations because both sides know there is a real alternative to accepting an inadequate settlement.

How Can I Keep My Truck Accident Case From Taking Longer Than Necessary?

You cannot control every part of a lawsuit, but you can avoid some unnecessary delays.

• Stay consistent with your medical treatment and follow your doctors’ recommendations.
• Give your attorney requested documents and information promptly.
• Keep your legal team updated if your medical condition changes.
• Avoid discussing your accident or injuries publicly or with the trucking company’s representatives without talking to your lawyer first.

Most importantly, understand that building a serious case takes time. Trying to rush through the process can create problems that are much harder to fix later.

Why ALB Takes a Trial Lawyer’s Approach

At Armstrong Lee & Baker, we’re proud to be trial lawyers. We are aggressive in negotiations and prepare cases with the expectation that they may need to go all the way to trial. We don’t want the other side to believe that we will accept an inadequate offer simply because our client wants the case over quickly.

This approach can mean our cases take longer. It can mean spending additional time investigating the crash, working with experts, taking depositions, preparing for trial, and pushing back when the insurance company refuses to offer appropriate compensation.

But there’s a reason for it: we want to put ourselves in the strongest possible position to pursue the largest amount of compensation possible for our clients.

If you’ve been seriously injured in a truck accident in Texas, our truck accident lawyers can review what happened, explain the likely timeline, and help you understand what needs to happen before your case can be resolved.

Contact Armstrong Lee & Baker for a free consultation. There is no obligation to move forward, and you pay no attorney’s fee unless we recover compensation for you.