By Dan Noll on September 18th, 2024 in Articles, Semi-Truck Accidents
Springfield Trucking Accident Lawyer Answers How Long Does it Take to Resolve a Truck Accident Case?
Large truck accidents continue to be a serious problem on roadways, interstates, and other highways in the United States. According to the National Highway Traffic Safety Administration (NHTSA), were almost 5,800 people killed and another almost 155,000 people injured in traffic accidents involving large commercial trucks. In Illinois specifically, statistics from the Illinois Department of Transportation reveals that each year there are almost 300,000 traffic accidents with over 13,000 of these crashes involving large commercial trucks. The same statistics also show that there are over 150 fatalities and over 2,000 personal injuries caused by trucking accidents each year in Illinois. When this happens, the Springfield trucking accident lawyers at the Noll Law Office know that many victims and their families have unexpected and increased expenses while being out of work. As a result, many victims asking how long does it take to resolve a truck accident case in Illinois.
Here at the Noll Law Office, their experienced legal team also knows that the time it takes to resolve a trucking accident case in Illinois depends on many factors. These factors are not universal, and require a case-by-case evaluation. That’s why their experienced Springfield trucking accident lawyers offer victims and families free case evaluation and consultations to learn more about their rights under Illinois law. They will thoroughly investigate the accident, gather critical evidence, negotiate with insurance companies, and advocate for your best interests throughout the legal process. Having skilled legal representation significantly improves your chances of obtaining a favorable outcome in your case, so let the compassionate legal team at the Noll Law Office help you and your family by scheduling your free consultation today.
Stages of a Truck Accident Case
To understanding how long does it take to resolve a truck accident case in Illinois, it is important to understand the stages of a truck accident cases. Indeed, not every stage is the same and some stages are longer than others. However, each stage is very important to victims and their families.
Some of the most important stages of a trucking accident case include the following:
Initial Investigation and Evidence Gathering
Immediately after a trucking accident, and after victims receive medical care and treatment, the first stage of any truck accident case involves a comprehensive investigation of the accident, its cause(s), the truck injuries or damages, and the collection of evidence related to these factors. This typically takes several months, and includes some of the following steps:
- Obtaining the police report
- Interviewing witnesses
- Collecting photos/videos of the accident scene, signage, injuries, and other relevant materials
- Reviewing trucking company records, including logbooks
- Analyzing the truck’s electronic control module data (ECM)
- Consulting with accident reconstruction experts
- Speaking with treating physicians and medical providers, and
- Having your Springfield trucking accident lawyer review all other relevant materials and search for other evidence to support your claim.
Having a knowledgeable legal team like the Noll Law Office who know exactly what evidence to look for and how to preserve it properly is critical to supporting your case. They can also file court motions if necessary to prevent the trucking company from destroying or altering key records, or from otherwise using borderline unethical tactics to unfairly minimize or deny your valid claim under Illinois law.
Insurance Claims Process
Once the initial investigation is complete, step two involves your skilled lawyer to file a claim with the relevant insurance companies, obtain the insurance policy limits/riders, and begin to negotiate by demanding a settlement amount. This process usually takes several months and can vary in length based on the unique facts of a case, including liability, damages, and how many parties.
Having a skilled negotiator on your side like a Springfield trucking accident lawyer at the Noll Law Office during this stage is crucial to supporting your claim. Insurance companies often try to settle quickly for far less than a case is worth, sometimes dragging a claim out for as long as possible to get you to just accept a settlement because you are in need of money to pay your bills. Your bodily injury law firm will fight for fair compensation that truly covers all of your damages.
Litigation Phase
If a fair settlement cannot be reached through negotiations, your trucking accident lawyer may recommend commencing a lawsuit to seek your legal remedies in court. The litigation process can take anywhere from one to three years depending on the complexity of the case and the court’s docket, as well as the severity of your injuries, the number of parties, liability issues, whether appeals are necessary, motion practice, and if the matter goes to trial.
Some of the most common stages of litigating a trucking accident case in Illinois includes the following:
- Filing and serving the summons and complaint, and receiving responsive pleadings called the answer, and sometimes a reply by the victim will be necessary (generally 1-3 months)
- The discovery phase where evidence and other relevant matters are exchanged between the parties, starting with the paper disclosure phase and continuing through depositions (generally 3-12 months)
- Depositions of witnesses and sometimes experts (generally 1-6 months after paper discovery is completed), which sometimes results in also post-deposition discovery
- Motions and hearings related to specific issues, including oral argument on certain issues or motions (generally 1 to 6 months, but sometimes there are no issues or motions at all and the case skips this step, but it is not common in most trucking accident cases)
- Mediation or arbitration attempts, or settlement conferences with the court (1-6 months, but sometimes this is not done or sometimes it is tied into pre-trial conferences with the court at the same time)
- Pretrial conferences, including motions in limine, witness prep, settlement conferences, charge conferences (on jury instructions), and then preparing for trial
- Trial (typically 1-3 weeks, but most cases are just 1 week), and
- Appeals, which could take anywhere from 6 months to 2 years depending on the issues, the record, and other factors, but not all cases have appeals.
An experienced Springfield truck accident lawyer will have the resources and trial skills needed to present a compelling case to a jury if necessary. However, many cases settle during the litigation process as more evidence comes to light.
Still Unsure How Long Does it Take to Resolve a Truck Accident Case in Illinois? Call the Springfield Trucking Accident Lawyers at the Noll Law Office for Help
Resolving a truck accident case can be a lengthy process, typically taking anywhere from several months to a few years depending on the specific circumstances like liability, damages, parties, and other factors like court calendars. Although it is natural to want a quick resolution to pay unexpected medical bills and reimburse you for lost wages, it is crucial not to rush into an inadequate settlement that fails to fully compensate you for your losses. By working with an experienced Springfield truck accident lawyer, you can help ensure your case progresses as efficiently as possible while still fighting for the full and fair compensation you and your family deserve.
To learn more about how the Noll Law Office can help you and your family resolve your trucking accident case, contact them today to schedule a free case evaluation by dialing (217) 414-8889 or by emailing them today. Their dedicated and skilled legal team is ready for your call and is happy to discuss how they can help you and your family move forward under Illinois law.