Like other types of motor vehicle accidents, truck accidents frequently leave bodily injuries and property damage in their wakes. However, the immense size and weight of the commercial vehicles involved in trucking accidents can make this type of crash especially prone to causing catastrophic injuries to the occupants of the other vehicles involved in the collision. For the same reasons, those other vehicles may be more likely to be “totaled” (that is, damaged to such an extent that the cost of repairs exceeds the value of the vehicle) in a crash with a large semi-truck than might be the case in a collision between two passenger cars, or between two of the larger models of SUVs. Even more than in many other types of vehicle accident scenarios, therefore, victims of truck accidents in New Hampshire are often eager to close their claims with fair settlements that will enable them to replace vehicles damaged beyond repair and cover the costs of the often extensive medical treatments they may require as a result of injuries sustained in the crash. However, navigating a truck accident settlement can be a complex undertaking involving multiple parties. Consider seeking advice and perspective from an experienced New Hampshire attorney. Call Friedman & Bresaw, PLLC at (603) 707-4800 to set up a free consultation to discuss your case.
Factors That Can Affect How Long a Truck Accident Settlement Takes
Unfortunately for injured New Hampshire residents, there are also a number of factors that can make truck accident cases especially complex, and therefore often time-consuming, to resolve. An experienced Lakes Area personal injury lawyer may be able to review the factors present in your specific situation and give you a professional estimate, based on their experience with similar cases, of how long it is likely to take to reach a fair settlement in light of the considerations involved. Every case is different, but there are a few predictable elements that a New Hampshire truck accident lawyer may look for to help form an initial estimate of how long a truck accident settlement is likely to take.
Number of Parties Involved
One very important factor that can affect the time it takes to reach a fair truck accident settlement is the number of parties involved in the case. Even before questions of apportioning liability are raised, the claims process following a trucking accident can look different from the one that typically follows a collision between two passenger vehicles simply because a trucking accident often involves more parties. In addition to the truck driver, there is also the party who hired this individual to drive the truck – a question which may involve additional variables, depending on whether the driver is operating as an independent contractor or the employee of a cargo transport company.
Parties That May Be Responsible
Who was responsible for loading the vehicle can become a factor of improperly loaded cargo is identified as a factor contributing, or potentially contributing, to the accident. If there are concerns with respect to the commercial vehicle’s inspection and maintenance, these may involve additional parties who may be partially responsible for the tragedy of the crash. Adding another layer of potential complexity, these parties may all be separately insured – and while individuals severely injured in a New Hampshire trucking accident may be relieved to know that commercial vehicles subject to the oversight of the Federal Motor Carrier Safety Administration (FMCSA) will also be subject to federal regulations for minimum standards regarding commercial auto insurance coverage, insurance companies have a strong interest in limiting the number and amounts of any settlements they offer, so it may be necessary to negotiate in order to ensure that the final truck accident settlement is fair and accurately reflects the scope of your damages.
Possibility of Additional Victims
Often simply identifying all of the parties potentially involved on the trucking side of the accident can require considerable post-accident investigation, to a degree that is not usually seen in the claims process for collisions, even fairly serious collisions, between personal vehicles. The number of individuals injured in a truck accident can also be higher than would be usual with a crash between, for instance, two passenger sedans, owing primarily to the fact that trucking accidents can often involve “pileups” with multiple vehicles. These additional injuries may not always affect the time involved in settling any single claim, but in certain situations the possibility that the driver of another vehicle involved in the crash acted improperly during the incident and therefore increased the accident’s severity or further expanded its reach to involve vehicles that might otherwise have been spared can in some cases lead to even greater complexities.
Contributory Fault
Determining the number and identities of the parties connected to the accident is an essential step toward determining which parties share some, or shoulder all, of the legal responsibility for the accident (and therefore the responsibility for compensating victims). When a personal injury lawsuit (a form of civil tort) goes to a New Hampshire court, the courts in this state apply a “comparative fault” model that allows for responsibility for damages to be “apportioned” among the parties to the case – including the plaintiff.
Described under NHRS § 507:7-d, New Hampshire’s “contributory fault” doctrine does not preclude New Hampshire courts from awarding damages to an accident victim who brings legal action against another party to seek compensation as long as the plaintiff’s responsibility for his or her own injuries does not exceed 50% – but the law does specify that the damages owed to the victim (who is also the plaintiff) in this situation will be reduced in proportion to the victim’s own contribution to the accident and the severity of injuries he or she has sustained. A personal injury lawyer with Friedman & Bresaw, PLLC may be able to help you understand how New Hampshire’s liability law could affect your truck accident settlement.
Apportionment of Liability Among Parties
The vast majority of truck accident cases are resolved by a settlement among the parties, and so in many instances neither a judge nor a jury will ever be asked to determine the exact degree to which an individual who received catastrophic bodily injuries in the same trucking accident that also destroyed their personal vehicle was responsible for their own suffering. However, when there are – as described above – numerous parties whose actions or negligence may have potentially played a role in contributing to the overall impact of the trucking accident, it can be important for those parties on the trucking side of the equation to come to some understanding concerning a reasonable apportionment of liability.
Disagreements Over Apportionment of Truck Accident Liability
If any party involved in the accident disputes the claim that they were partially responsible, or contests what the other parties involved propose as a reasonable distribution of fault, this disagreement can sometimes delay the process needed to reach a truck accident settlement, even if no one disputes the general principle that the occupants of passenger vehicles affected by the crash should receive compensation from the other parties involved. Because it can be tricky to know whether extended delays in reaching a truck accident settlement may stem from disagreements in “closed-door” negotiations on the other side of the case, it may be helpful to consult with a personal injury attorney who is familiar with how these types of negotiations work and may be able to suggest some strategies for opening a useful dialogue in the interests of moving the case forward.
Get Help Navigating a Truck Accident Settlement
If you are seeking compensation for injuries or damages to your vehicle that were sustained in a collision with a commercial cargo truck, you likely have a number of questions about the timeline for achieving a fair truck accident settlement. Unfortunately, offers to settle quickly can often be lower than the total cost of damages, and may prevent accident victims from pursuing the full amount of compensation they are owed. Before you accept a truck accident settlement, consider reviewing your case in a free consultation with a personal injury lawyer in the Lakes Area. Call Friedman & Bresaw, PLLC at (603) 707-4800 today to schedule a time.
