Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

According to the Oklahoma Highway Safety Office, over 5,700 large truck crashes were reported statewide in a recent year. Many of these incidents occurred in Tulsa and nearby areas. Unfortunately, accidents involving large commercial trucks often result in serious injuries and complex legal claims. Victims who contact a Tulsa truck accident lawyer may be surprised at how long these cases take.

Truck accident claims are rarely straightforward. Delays can happen at nearly every stage, from gathering records to negotiating with insurers. These hold-ups add stress and financial strain, especially while you’re recovering from major injuries. Knowing the most common causes of delay—and how to avoid them—can help keep your case on track.

Below are key delay factors in Oklahoma truck accident cases, along with tips for preventing them.

Why Do Truck Accident Cases Take So Long?

Truck accidents differ from regular car accidents in several ways. These claims typically involve more serious injuries, bigger insurance policies, federal regulations, and multiple at-fault parties.

All of these factors can lead to a more extended case timeline. However, the good news is that many common delays can be reduced—or even avoided—if you know what to look for.

Delay #1: Ongoing Medical Treatment

Many truck accident victims need extended care like physical therapy, surgery, or pain management. Full recovery takes time. Doctors often can’t determine long-term impacts right away.

This delays your claim because insurers won’t make a full settlement offer until your treatment is complete and your medical future is clear. Ongoing care means uncertain costs, which slows negotiations.

Avoid this by getting medical help immediately, even if you feel fine. Follow your treatment plan closely. A consistent medical record helps your attorney estimate damages accurately and avoid unnecessary delays.

Delays in treatment can weaken your claim. Insurers may argue your injuries aren’t serious or weren’t caused by the crash.

Delay #2: Slow Insurance Company Responses

Trucking companies often work with large insurance carriers that are skilled at protecting their financial interests. One common tactic they use is delay. Insurance companies may take weeks to respond, push back paperwork, or stall negotiations.

These delays are intentional. The goal is to frustrate you into accepting a lower settlement. By dragging things out, they hope you’ll give up or settle for less than your claim is worth.

Avoid this by letting your attorney handle all interactions with the insurer. An experienced lawyer will recognize stalling tactics, respond appropriately, and keep your case on track. They’ll also document delays and look for signs of bad faith that could support further legal action.

Learn more about insurance delay tactics on the National Association of Insurance Commissioners website.

Insurance Company Responses

Delay #3: Missing or Destroyed Evidence

Evidence from truck accidents must be collected promptly. Essential records, like the black box data, maintenance logs, and driver hours, are often only preserved for a few months. If not preserved in time, your lawyer may need to go through the courts to retrieve what’s left. This can delay the case.

To avoid this, your attorney should send a spoliation letter immediately. This legally requires the trucking company to keep all relevant evidence.

For details on federal retention rules, see the Federal Motor Carrier Safety Administration (FMCSA) regulations.

Delay #4: Multiple Liable Parties

Truck accidents often involve several responsible parties. They may include the driver, the trucking company, the cargo handler, or the vehicle manufacturer. Each party has its own insurer and legal team, which can slow down the process as they dispute who’s at fault and to what degree.

To reduce delays, hire a lawyer experienced in multi-party claims. They can coordinate the investigation, manage communications, and keep your case moving efficiently.

Delay #5: Waiting for Medical Records or Expert Reports

Medical records and expert reports are key to proving injuries and long-term needs. However, hospitals and providers often take weeks to respond to document requests, especially if multiple specialists are involved.

Guard against this delay by giving your lawyer a complete list of your medical providers early on. This allows their team to request everything at once, reducing wait times and eliminating the need for repeated follow-ups.

Delay #6: Legal Backlogs in Oklahoma Courts

If your case goes to trial, scheduling delays are common. This is due to overloaded court dockets in places like Tulsa County. There are simply a limited number of judges and a high volume of civil cases. Even strong cases may wait months for a hearing date.

You can’t control the court’s calendar, but your attorney can prevent additional delays by being fully prepared. All evidence and filings should be submitted early to avoid rescheduling or setbacks.

For current scheduling updates, visit the Oklahoma State Courts Network (OSCN).

Legal Backlogs in Oklahoma Courts

Delay #7: Oklahoma’s Two-Year Statute of Limitations

You have just two years from the date of your truck accident to file a personal injury lawsuit in Oklahoma. Missing this deadline means you may lose your right to seek compensation, regardless of how strong your case is.

In Oklahoma, victims of truck accidents must file their injury claim within two years. Missing this deadline can result in your case being thrown out, no matter how strong the evidence is.

To avoid this, contact a Tulsa truck accident lawyer as soon as possible. Even if you’re still recovering, your attorney can begin building your case and protecting your legal rights before time runs out.

FAQs: Truck Accident Delays in Oklahoma

How long do most truck accident cases take to resolve?

On average, truck accident cases in Oklahoma can take anywhere from six months to over a year. The timeline depends on the severity of the injury, cooperation with the insurance company, and whether a lawsuit is filed.

Can a delay hurt my chances of getting compensation?

Delays themselves don’t stop compensation. However, they can create challenges. The longer you wait, the more difficult it may be to gather evidence or maintain a strong case.

What if the trucking company won’t provide documents?

Your attorney can issue legal requests or subpoenas. A spoliation letter early in the case also helps prevent the destruction or tampering of key evidence.

Is it better to settle or go to trial?

It depends on the offer. If the insurance company provides fair compensation, settling may be the best option. If not, your lawyer may recommend filing a lawsuit and preparing for trial.

Contact Our Firm & Request a Free Case Review

Get Help With Your Oklahoma Truck Accident Case

Delays in a truck accident case can be frustrating. However, they don’t have to derail your claim. By understanding what causes these delays and working with a skilled legal team, you can stay ahead of the obstacles and focus on healing.

At Graves McLain Injury Lawyers, we help victims across Tulsa and Oklahoma navigate the truck accident claims process with clarity and confidence. From gathering evidence to dealing with insurance delays, we work to resolve your case as efficiently as possible without compromising your right to full compensation.

If you’ve been injured in a truck accident, don’t wait. Contact Graves McLain Injury Lawyers today for a free consultation. There are no upfront fees, and you don’t pay unless we win your case.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

  • I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mclain I brag on them to everyone

    Margie C

  • The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H

  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.

Contact Our Firm &
Request a Free Case Review