The Timeline of a Truck Accident Lawsuit

The timeline of a truck accident lawsuit can vary widely, as no two accidents are exactly alike. Each case depends on specific details, such as the severity of injuries, the number of parties involved, and whether the accident resulted in a fatality. Simple cases may settle within a few months, but complex cases may take over a year or even more if they proceed to trial. However, each truck accident lawsuit typically follows these key stages. 

Initial Consultation and Case Evaluation

After a truck accident, the first step is to consult an experienced Philadelphia truck accident attorney. During this initial meeting, the attorney will evaluate the details of the accident, review any available evidence, and discuss your injuries and potential compensation. They will also explain the legal process, assess the case’s strength, and outline the next steps.

Investigation and Evidence Gathering

Once you decide to pursue a claim, your attorney begins investigating the accident. This phase is crucial, as strong evidence can significantly impact the case’s outcome. Evidence gathering may include obtaining police reports, witness statements, dashcam or surveillance footage, and photos from the accident scene. The attorney may also secure critical truck-specific evidence like Electronic Logging Device (ELD) data, black box data, and the driver’s records, including hours-of-service logs and drug test results. Your lawyer may also examine the truck’s maintenance records, potentially revealing negligence on the part of the trucking company if they failed to perform necessary repairs or inspections.

Filing the Lawsuit

After gathering sufficient evidence, your attorney will file the official lawsuit in court. This document, called the complaint, outlines the details of the accident, your injuries, and the compensation you are seeking. Once the lawsuit is filed, the complaint must be served to the defendants, usually the truck driver, trucking company, or any other parties who may share liability. The defendants then typically have 30 days to accept the complaint, deny liability, or file a counterclaim.

Discovery Phase

The discovery phase is a formal process where both parties exchange information relevant to the case. Each side can request documents, interrogatories (written questions), and depositions (sworn, in-person interviews). For truck accident cases, discovery often includes requesting the trucking company’s safety records, the driver’s employment history, and maintenance logs. This stage can be lengthy, lasting several months, as both sides gather as much information as possible to support their claims and defenses.

Negotiation and Settlement Talks

After discovery, attorneys often negotiate to attempt a settlement to avoid trial. Settlement talks may involve multiple rounds of negotiation. Most truck accident lawsuits do settle during this phase. If not, the case proceeds to trial.

Trial and Verdict

At trial, both sides present their evidence, call witnesses, and make arguments before a judge or jury. Your car accident lawyers with truck accident experience will argue your case by presenting evidence and demonstrating how the defendant’s negligence caused your injuries. The judge or jury will then deliberate and render a verdict, deciding liability and determining the amount of compensation, if any. If you win, you may receive compensation for medical expenses, lost wages, pain and suffering, and other damages.