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Why truck accident claims can take so much time to settle

by | Jul 6, 2022 | Truck Accidents

Some auto accident claims in Florida are relatively simple. The state no-fault law is applied first, and then, the courts determine who can be pursued for extended damages. And while this also applies in truck accident cases, there is often some type of injury litigation unless a settlement is reached beforehand. However, truck accidents can be difficult to unravel especially when there are multiple drivers involved.

Determining fault

Fault is still a serious issue in Florida when victims of motor vehicle accidents are severely injured, and even those who suffer moderate injuries can have a long road to recovery. Insurance companies typically focus on the percentage of fault assigned to the truck driver and limit general damages for pain and suffering.

Injury prognosis

Injury diagnosis is often obvious for medical treatment professionals, but the long-term prognosis usually determines the monetary amount of general damages. Some injuries can require relatively short rehabilitation periods while other claimants experience lifelong medical issues. Arriving at a proper compensation amount based on long-term impact can require extensive negotiation with truck accident insurance claims adjusters.

Multiple negligent parties

Truck drivers are not always totally at fault for an accident if they share in the fault at all. Sometimes, accidents involving trucks are caused by standard vehicle operators, which means that insurance protection can be limited. Additionally, some cases will also involve vicarious liability for shipping contractors and employing trucking companies. This means that additional litigation may be involved before a settlement is reached, which can create further delays.

Every truck accident case is unique. Technicalities matter significantly, and courts evaluate each situation on a case-by-case basis.