How Long Does an 18-Wheeler Lawsuit Take?

Large trucks share our highways, mountain passes, and city roads every day. Tragically, when these 18-wheelers collide with smaller vehicles, the results are often severe.

According to the Department of Transportation, 4,792 people died as a result of commercial vehicle accidents in 2024. That same year, 85,659 people sustained injuries in accidents with large trucks. In their pursuit of justice, victims of these accidents, along with surviving family members, are often curious about how long an 18-wheeler lawsuit will take.

The Average Length of an 18-Wheeler Accident Claim

There is no “average” amount of time for an 18-wheeler lawsuit. When they settle, they are often resolved within a year. When they go to trial, they may take two years or more. Much of this depends on the complexity of the claim and the experience and approach of your 18-wheeler accident attorney.

A majority of personal injury and wrongful death claims resolve before trial, during the negotiation process. However, negotiations are not always successful, and a handful of cases require litigation in front of a judge or jury. This makes it important to select a lawyer who is proven both in and out of the courtroom from a law firm with a reputation for successfully handling complex truck crash claims.

Contact an 18-Wheeler Accident Attorney for FREE

To schedule a FREE and confidential consultation with an experienced truck accident lawyer, call the Denver office of Burg Simpson at 303-792-5595 today. We serve clients across the Front Range and beyond, including Aurora, Lakewood, Boulder, and Colorado Springs.

What Is the Process for an 18-Wheeler Lawsuit in Colorado?

Every 18-wheeler lawsuit is unique, but many follow a similar arc. The best way to learn what your case may entail is through a one-on-one consultation with an 18-wheeler accident attorney.

Depending on the specifics of your case, the truck crash claim process may include:

Early Notice

While you are recovering from the initial stages of your injury, your lawyer will be working behind the scenes to begin the process of seeking compensation. This might include identifying every possible defendant, sending notifications to the motor carrier and their insurer, and opening your claim.

Evidence Preservation and Investigation

During this stage, your truck accident attorney may need to send spoliation (preservation) notices and move quickly to secure dash-cam video, GPS data, bills of lading, maintenance files, and black box data. Carriers are only required to keep driver log data for six months, making it important to act quickly.

Liability Analysis and Damages Assessment

During this stage of your 18-wheeler lawsuit, your lawyer may choose to work with accident reconstruction professionals to model speed, stopping distances, and impact forces. They may work with medical specialists to document diagnosis, treatment needs, impairment ratings, and future care costs. Your 18-wheeler accident attorney may also work with economic experts to calculate wage loss, household needs, and other out-of-pocket expenses.

Pre-Suit Demand and Negotiations

When treatment plateaus and future care can be credibly predicted, your lawyer may choose to send a comprehensive demand for compensation to the liable parties. This demand will include all of the evidence gathered to that point, including photos, supporting records, and expert input. Some claims resolve here. Most do not.

Filing a Lawsuit

When demand letters do not result in compensation, a lawsuit will need to be filed. Your lawyer will make sure all paperwork is completed and that your claim is filed in the proper district. Some commercial carrier companies try to move cases to federal courts to gain a strategic advantage. Your lawyer will fight to make sure your case is heard in the right venue.

Discovery

A more comprehensive investigation occurs during discovery. Here, written testimony, depositions, and expert disclosures are reviewed. In trucking cases, discovery may involve a thorough review of policies and procedures, hours-of-service compliance, training and hiring practices, dispatch, and maintenance schedules, all of which can help to strengthen your case.

Mediation or Settlement Conferences

Your 18-wheeler accident attorney will work to build a compelling case for your full compensation. During mediation or settlement negotiations, this evidence will be presented in an effort to resolve your claim before it proceeds to trial. This is where a majority of truck crash injury lawsuits end.

Read More: How to Maximize Your Settlement in a Tractor-Trailer Accident

Trial

When negotiations stall, proceeding to trial may be the only way to secure fair and full compensation. Depending on docket congestion and how many defendants and experts are involved, it can take months for a case to be heard. Once the trial begins, it can take several weeks to come to a verdict.

Post-Trial Motions and Appeals

In some cases, your lawyer or a lawyer for the defense may choose to appeal a verdict. In these instances, the amount of time it takes to resolve a claim can extend to several years. This is, however, rare.

Things That Might Complicate an 18-Wheeler Lawsuit

While some lawsuits involving 18-wheelers are fairly straightforward, there are several things that can complicate and potentially slow the process down. These include:

• Multiple at-fault parties
• Comparative fault arguments
• Severe or evolving injuries
• Evidence delays
• Insurance and coverage fights
• Jurisdiction and venue disputes

If your 18-wheeler lawsuit involves criminal proceedings for things like reckless driving or DUI, it may be delayed until criminal matters are resolved.

When you hire a truck accident lawyer, they will do everything possible to address these issues swiftly and move your case along. It is important, however, that your case be built to withstand delays and complexities. During your FREE consultation with an 18-wheeler accident attorney, be sure to ask about the firm’s history with these cases to ensure you feel fully confident in their ability to successfully handle your claim.

How an 18-Wheeler Accident Attorney Can Help

A seasoned commercial vehicle accident lawyer can help:

• Secure evidence like truck inspection records, event data recorder downloads, and hours-of-service records.
• Determine liability by applying their own techniques and working with reconstructionists, truck safety experts, and other specialists.
• Prove damages by working with treating physicians, vocational experts, and economic specialists to provide a complete picture of medical needs, wage loss, and future care.
• Handle multi-party cases involving motor carriers, brokers, shippers, maintenance professionals, and others who may not have been on the scene of the crash.
• Keep the case moving by pressing discovery, opposing delay tactics, and positioning your case for a fair settlement.
• Represent you in court if your case does not settle during negotiations.

At Burg Simpson, our attorneys have tried and resolved numerous 18-wheeler accident claims in Colorado and across the country. With more than 45 years of service, our award-winning firm has secured over $2 billion in settlements and verdicts for victims of serious injury and families grieving the untimely loss of a loved one. When you need help after a collision with a large truck, we are prepared to do everything possible to help you secure fair compensation and obtain the justice you deserve.

Reach Out for FREE to Discuss Your 18-Wheeler Lawsuit With an Experienced Denver-Based Lawyer

When you are ready to discuss your options following a truck crash, contact Burg Simpson online or call our Denver office to schedule your FREE case review with an experienced 18-wheeler accident attorney. We help clients throughout Colorado, including Fort Collins, Greeley, Highlands Ranch, and Pueblo.