Our San Jose truck accident lawyers at Attorney Jeff Car Accident Lawyer are dedicated to protecting clients’ rights and best interests. Discover how our award-winning legal team in Santa Clara County can maximize your claim. Schedule a free consultation online or by calling us at (409) 449-6897.
Table of Contents
How a San Jose Truck Accident Lawyer Will Benefit Your Case
Truck Accident Injuries That Can Be Compensated
Compensation in a Truck Accident Case
Who Is at Fault for a Truck Accident in San Jose, CA
Why Legal Representation Is Crucial for Complicated Truck Accident Claims
How Long Do I Have to File a Truck Accident Claim
Why Hire a San Jose Truck Accident Lawyer
After being involved in a motor vehicle accident with a large commercial truck, such as an 18-wheeler, big rig, or tractor-trailer, understanding the specific laws and regulations of the commercial trucking industry is crucial. This knowledge will enable you to make the most informed decisions regarding your personal injury claim.
The experienced truck accident attorneys from Attorney Jeff Car Accident Lawyer have a proven track record in handling complex trucking cases and providing dedicated legal representation for victims.Â
What that means for clients:
Maximize Personal Injury Claim Value
With tailor-made legal representation, our personal injury law firm is recognized among other leading firms in Northern California for our commitment to client-centered advocacy and results. Therefore, we are always aggressive in our efforts to achieve an optimal outcome, whether through litigation or trial, if necessary.
Improve Turnaround Time Due to Local Court Experience
Our award-winning legal team is well-versed in how Bay Area insurers defend trucking claims. We know who to subpoena for public and private footage, and how Santa Clara County jurors respond to “blame the victim” strategies. Our reputation and recognition among other San Jose law firms highlight our authority and reputation within the legal community.
Establish Fault for the San Jose Truck Crash with an In-Depth Investigation
We immediately issue preservation letters to secure crucial evidence such as logbooks, electronic logging device (ELD) data, dash-cam videos, dispatch notes, and inspection records. This evidence can quickly be discarded due to standard retention policies, as ELDs are only required to be retained for six months.Â
Accessibility When You Need It Most
Many personal injury victims bypass legal representation due to concerns about the cost of legal fees, often leading them to accept insufficient settlement offers from the at-fault party. Our San Jose truck accident lawyers operate on a contingency-fee basis, meaning you only pay if we win your case. We also provide free, no-obligation consultations to all potential clients, making our services accessible to injured truck accident victims when they need them most.
Common Truck Accident Injuries
Tuck accidents involving smaller passenger cars often lead to severe injuries and, in the most severe cases, fatal injuries. Truck accident victims may suffer from:Â
- Amputation
- Broken bones
- Cuts and lacerations
- Facial fractures
- Internal organ damage or bleeding
- Post-traumatic stress disorder (PTSD)
- Severe burns
- Spinal cord injuries and paralysis
- Traumatic brain injuries (TBI)
- Wrongful death
The physical, emotional, and financial toll following a truck crash can be overwhelming–especially with mounting medical bills and reduced or lost income. If you have been injured in a San Jose truck accident, it’s crucial to prioritize immediate medical attention and then consult with an experienced personal injury lawyer.
An experienced legal advocate can help you recover compensation for your injuries, including coverage for ongoing medical treatment, rehabilitation, and any pain and suffering you’ve endured.
Compensation in a Truck Accident Case
Damages that can be compensated in a truck accident case are categorized as economic damages, non-economic damages, and, in rare cases, punitive damages.
- Economic damages cover quantifiable losses such as property damage, medical expenses, and lost wages.
- Non-economic damages address intangible and subjective losses like pain and suffering.
- Punitive damages are awarded at the court’s discretion to penalize a defendant for particularly egregious misconduct, like drunk driving.
Collective examples for each form of damages include the following:
- Current Medical Bills: ER, hospital stay, surgery, medication
- Future Medical Expenses: Physical therapy, in-home nursing, corrective surgery
- Loss of enjoyment: As a result of post-traumatic stress disorder (PTSD) or changes in appearance caused by scarring or disfigurement
- Lost wages: Time missed from work while recovering from severe injuries
- Reduced earning capacity: When a temporary or permanent injury prevents the return to work or a similar profession
- Pain and suffering: Physical pain or emotional suffering
- Property damage: Vehicle repair or replacement, rental car, and out-of-pocket costs
- Wrongful death: Funeral expenses, burial costs, loss of financial support, and medical treatment before the death
Our San Jose truck accident attorneys are committed to helping clients achieve fair and full compensation. We ensure they are justly compensated for the physical, mental, and financial hardships caused by the other party’s negligence.
Who Is Liable for a Truck Crash?
San Jose truck accidents can take many forms, each presenting unique challenges and risks. These incidents may be caused by factors such as driver error, distracted driving, misjudging stopping distances, mechanical failure, or poorly maintained road conditions. Depending on the circumstances, the following parties may be responsible for the crash:
- Any Motor Vehicle Driver: Speeding, distraction, driver fatigue, driving under the influence (DUI), unsafe lane changes, tailgating, or improper turns by a commercial truck driver or another driver on city streets are common forms of reckless driving.
- Cargo Loaders: If an accident resulted from or was influenced by overweight loads, improperly loaded cargo, the third-party responsible for loading the cargo could be held partially liable. The investigation will examine bills of lading (details about the shipped cargo), scale tickets, and communications.
- Public Entities: If a road defect, an unrepaired pothole, or a broken traffic light causes a motor vehicle accident, the city of San Jose or another government entity may be held responsible. In such cases, a claim must be filed within six months of the injury date.Â
- Truck Manufacturer or Maintenance Provider: When defective truck parts, missing inspections, or faulty maintenance of vehicle components (such as brakes or tires) cause sudden vehicle failure on the road, the truck parts manufacturer may be held responsible.Â
- Trucking Company: Federal trucking rules require hours-of-service compliance, post-accident drug/alcohol testing in specific situations, poor hiring practices, failure to train truck drivers, and vehicle inspection/maintenance systems. If the trucking company or truck driver violated any of these requirements, they may be placed at fault.
- Insurance Companies: While trucking companies must carry high-limit insurance, their insurance companies often attempt to minimize payouts.
Why Truck Accident Cases Are Legally Complex
Truck accident cases differ from typical car accident claims, because the trucking company is subject to strict safety regulations, as well as standard traffic laws. Key distinctions when compared to smaller car accident cases include the following:
1. Regulatory Framework
Commercial truck drivers and their employers are required to adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations, which cover hours-of-service, drug and alcohol testing, and equipment maintenance and standards. Failure to comply with these federal regulations can be used to demonstrate negligence.
2. Multiple Liable Parties
Liability can extend to the truck driver, truck owner, shipping or loading crew, maintenance vendor, or public entities/agencies responsible for the roadway safety. Trucking companies are often held liable for accidents involving semi trucks, tractor-trailers, large commercial trucks, or other massive vehicles due to their responsibility for safety regulations and proper vehicle maintenance.
3. Shorter Statute of Limitations
In California, personal injury lawsuits generally have a two-year statute of limitations from the date of the injury. However, if a public entity, such as a city garbage truck or USPS delivery truck, is involved, claims must be filed within a much shorter window of six months. Failure to file a truck accident lawsuit within these strict timeframes can lead to the forfeiture of the right to seek damages.
Types of Commercial Truck Accidents in San Jose, CA
San Jose is a central hub for commerce and transportation. As a result, the city experiences a high volume of commercial truck traffic on its highways and roadways, ultimately elevating the risk of serious accidents. Common types of semi-truck crashes and other massive vehicle collisions with smaller passenger vehicles include:Â
- Blind-spot accidents
- Hazardous material spill accidents
- Head-on trucking collisions
- Jackknife accidents
- Loose cargo accidents
- Multi-vehicle accidents
- Rear-end collisions
- Rollover truck accidents
- Sideswipes
- Underride accidents
Multi-vehicle pileups, accidents involving pedestrians or cyclists, and crashes at busy intersections also occur within the area.Â
A knowledgeable San Jose truck accident lawyer will collect crucial evidence, identify all responsible parties, and build a strong case to get clients the compensation they deserve.
Trucking Rules and Regulations That Affect Many Truck Accident Cases
Hours-of-Service (HOS)
HOS regulations limit truck drivers’ on-duty time and require rest periods to prevent fatigue. However, some truck drivers violate this rule by skipping breaks, either voluntarily to meet deadlines or due to employer pressure.Â
Electronic data recorders and other evidence, such as fuel receipts and highway toll surveillance, help to piece together the timeline of events.
Compliance with these safety regulations must be closely reviewed when evaluating claims after an accident involving a commercial truck, as the assessment can significantly impact the outcome of a truck accident claim.
Post-Accident Alcohol and Drug Testing
Following a qualifying crash, employers must test their truck drivers for drug or alcohol use as soon as possible. Examples of accidents that necessitate testing include truck crashes resulting in loss of life, injuries requiring transport, or disabling damage.
Any delay in testing or missing tests is a sign of potential guilt and should be further investigated. The results of these tests are crucial for establishing liability in truck accident cases.
Mandatory Inspection, Repair, and Maintenance
Motor carriers must regularly inspect, repair, and maintain their commercial motor vehicles (CMVs). This is a requirement designed to prevent accidents and protect all road users. Key documentation to prove adherence to vehicle safety standards and compliance includes:
- Periodic Inspection Records: These reports list scheduled inspections, ensuring that all critical components of the CMV are thoroughly checked for wear, damage, or malfunction. They should include dates, names of inspectors, and any identified deficiencies.
- Driver Vehicle Inspection Reports (DVIRs), where applicable: Drivers’ pre-trip and post-trip inspections, documented in DVIRs, provide real-time insights into the vehicle’s condition and any immediate concerns that require attention.
- Repair Invoices: These documents track the history of all repairs and replacements made to a CMV. They should detail the nature of the repair, the parts used, the date of service, and the name of the technician. This ensures that defective truck parts are properly addressed.
Thorough record-keeping proves a motor carrier’s safety adherence. Incomplete records may suggest negligence and present serious legal repercussions.
Commercial Drivers Licence (CDL)
CDL regulations set minimum knowledge, skill, and disqualification standards for unsafe conduct. A driver who is disqualified or improperly endorsed can represent a significant liability risk.
California Speed Limit
The demanding schedule for goods delivery can lead truck drivers to exceed speed limits and engage in dangerous driving. This increases the risk of accidents, particularly on California’s often-congested highways and city streets.
A 55 mph truck speed limit and specific lane designations for these vehicles are in place. Violations of these rules can support claims of a negligent driver.
When to File a San Jose Truck Accident Claim
The timeframe for filing a claim after sustaining truck accident injuries may differ, so it is important to review the specific deadlines that apply in these cases.
- 2 years for most standard personal injury cases, beginning from the date of injury to file a lawsuit.
- 6 months for claims against public entities for accidents involving road defects or government vehicles.
- 10 days if the accident resulted in injury or death, or if property damage exceeds $1,000. Additionally, an SR-1 report must be filed with the DMV.
Crucial Evidence Personal Injury Lawyers Obtain and Preserve
Thorough documentation and preserved evidence will build a strong insurance claim after a truck accident. An experienced truck accident attorney can assist by gathering and preserving the following:
- Electronic Logging Device (ELD) and Records of Duty Status (RODS): Documentation, like login/logout work logs, engine power cycles, CDL certifications, and fuel/toll/scale receipts, are essential in proving fault. Trucking companies are only mandated to keep these records for six months, highlighting the importance of early preservation.
- Vehicle and Maintenance Records: If the truck accident was a result of potential vehicle failure or faulty vehicle parts, key evidence will include Engine Control Module (ECM) or “black-box” data, dash-cam footage, Driver Vehicle Inspection Reports (DVIRs), annual and periodic inspection records, and brake/tire maintenance logs.
- Accident Scene Documentation: To fully demonstrate the truck crash’s severity, detailed documentation of the accident scene is crucial. This includes photos and videos, measurements of tire skid marks, analysis of debris fields, sightline assessments, and records of weather and lighting conditions. Additionally, 911 audio recordings and traffic or surveillance video can provide further evidence.
- Load Documentation: Information from bills of lading, weight tickets, and communications between the shipper and loader may indicate whether improperly loaded cargo shifted or became unsecured, causing a jackknife or rollover accident.
- Post-Accident Drug and Alcohol Testing Compliance: Immediate post-accident drug and alcohol tests are crucial to determine if the truck driver was intoxicated. Any delays or refusal in testing may indicate fault on the other party.
Addressing Comparative Fault Defenses
To challenge claims of comparative fault, where the opposing party attempts to assign shared fault or sole fault to the victim, an attorney can gather evidence to counter such accusations. Valuable evidence may include:
- Witness statements
- Detailed vehicle damage mapping
- Human-factors analysis
- Black box data to check for vehicle maneuveringÂ
Under California’s pure comparative negligence laws, accident victims can still recover damages even if they share some degree of fault. A skilled legal team can help maximize your claim and salvage your truck accident case.
Truck Accident FAQs
Can I still file a claim if I was partly at fault for the truck accident?
Yes, California’s pure comparative negligence law applies to most personal injury cases, including trucking accidents. This means you can still pursue compensation, but the amount you receive will be reduced by your assigned percentage of fault, rather than being entirely denied.
How much is a truck accident claim worth?
This will always vary. Given that each case presents unique circumstances, the ultimate value of every truck accident claim is determined by various factors. These include the extent of truck accident injuries, the associated medical expenses, lost income, the presence of long-term disability, and any emotional suffering endured. An estimation can be provided during a free consultation with one of our truck accident attorneys.
How long do I have to file a truck accident lawsuit?
In California, most personal injury claims must be filed within two years of the injury date. However, this timeframe can be shortened or extended, depending on specific circumstances. For example, if a government vehicle or employee was involved in the San Jose truck crash, the filing window is only six months.
Will my case have to go to trial?
Most likely not. While most cases settle out of court, our law firm will never compromise clients’ right to fair compensation. Therefore, if insurance companies refuse a fair settlement, we are always prepared to file a lawsuit and pursue the case before a judge and jury.
What if I can’t afford a truck accident lawyer?
Our truck accident attorneys operate on a contingency fee basis, meaning you only pay legal fees if they successfully win your case. This approach guarantees that you can access legal representation regardless of your financial circumstances.
Work With the Top Truck Accident Law Firm in Santa Clara County
Undergoing the claim process after a truck accident is not only complex, but recovering damages from the trucking corporations and insurance companies is extremely challenging.
An experienced truck accident lawyer from Attorney Jeff Car Accident Lawyer helps injured victims pursue fair compensation for their medical expenses, lost wages, and other losses. The aftermath of a truck accident does not have to be overwhelming; allow our experienced San Jose truck accident attorneys to guide you through this sensitive time with confidence.
Schedule a free consultation today.
Other Cases Our San Jose Personal Injury Attorneys Handle
After an accident, Jeff’s got you. Call or fill out our online case evaluation form. Our experienced personal injury attorneys in San Jose, CA also specialize in the following practice areas:
- San Jose Bicycle Accidents
- San Jose Car Accidents
- San Jose Dog Bites
- San Jose Motorcycle Accidents
- San Jose Pedestrian Accidents
- San Jose Personal Injury Accidents
- San Jose Slip and Fall Accidents
- San Jose Lyft and Uber Accidents
- San Jose Workers’ Compensation
- San Jose Wrongful Death Claims
Schedule a Free Consultation
Our personal injury attorneys can help evaluate your truck accident claim and pursue the maximum compensation on your behalf.Â
Address: 66 E. Santa Clara St. Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897
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