Santa Clara 18-Wheeler Accident Lawyers

Santa Clara County is crossed by several major commercial traffic routes, including US-101, Interstate 880, and State Route 82 (SR-82, also known as El Camino Real). These roads carry 18-wheelers and other commercial trucks through busy areas such as the Great America Parkway interchange, Montague Expressway, and major commuter corridors throughout the county.

If an 18-wheeler driver, trucking company, or another party caused your crash, you may be able to seek compensation for medical expenses, lost income, property damage, pain and suffering, long-term care, disability, and other losses allowed by California law.

Reviewed by: Arash Khorsandi, Esq. | California State Bar #249405 | Admitted 2007 | Last reviewed September 2026

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Who Can File an 18-Wheeler Accident Claim in Santa Clara?

Who can bring a claim after an 18-wheeler crash in Santa Clara depends on the type of injury, the claimant’s legal relationship to the injured or deceased person, and whether the claim involves personal injury, wrongful death, loss of consortium, workers’ compensation, or an estate.

ClaimantWhen They May FileSanta Clara ExamplePossible Claims
Drivers of Other VehiclesInjured when an 18-wheeler strikes, sideswipes, or cuts into their lane.A truck changes lanes into a car on the US-101 or the Lawrence Expressway.Claims against the truck driver, motor carrier, or other responsible parties.
PassengersInjured while riding in any vehicle involved in the crash, including rideshare vehicles.A rideshare passenger headed to Levi’s Stadium is hurt in a truck collision.Claims against the truck driver, motor carrier, the driver of their own vehicle, or several parties.
Occupants in Secondary CollisionsInjured when forced off the road, hit by debris or shifting cargo, or caught in a chain-reaction crash.A car is pushed into another lane after a truck crash on the San Tomas Expressway.Claims even if the 18-wheeler never made contact with their vehicle.
MotorcyclistsStruck by or forced down by an 18-wheeler, often in a truck’s blind spots.A rider is hit on the Great America Parkway or a Santa Clara expressway.Claims against the parties whose negligence contributed to the crash.
Pedestrians and CyclistsStruck during a wide turn, while a truck is backing, or when it fails to yield.A pedestrian is hit at a crosswalk on El Camino Real or Tasman Drive.Claims against the truck driver, motor carrier, or other responsible parties.
18-Wheeler DriversInjured by a brake, tire, steering, or coupling failure, or by another motorist.A driver hauling freight on US-101 or SR-82 is hurt when a component fails.Workers’ compensation and, in some cases, a third-party claim against a manufacturer, maintenance company, or other driver.
Spouses and Registered Domestic PartnersTheir partner suffered a serious injury in the crash.A spouse is left caring for a partner with a lasting injury.Loss-of-consortium claim; if the crash was fatal, these losses generally become part of the wrongful death claim.
Wrongful Death ClaimantsThe crash causes a death.A family loses a loved one in an 18-wheeler crash in Santa Clara.Wrongful death claim under California Code of Civil Procedure (CCP) §377.60 by a spouse, domestic partner, children, or heirs by intestate succession; some dependents may also qualify.

When They May File: Injured when an 18-wheeler strikes, sideswipes, or cuts into their lane.

Santa Clara Example: A truck changes lanes into a car on the US-101 or the Lawrence Expressway.

Possible Claims: Claims against the truck driver, motor carrier, or other responsible parties.

When They May File: Injured while riding in any vehicle involved in the crash, including rideshare vehicles.

Santa Clara Example: A rideshare passenger headed to Levi’s Stadium is hurt in a truck collision.

Possible Claims: Claims against the truck driver, motor carrier, the driver of their own vehicle, or several parties.

When They May File: Injured when forced off the road, hit by debris or shifting cargo, or caught in a chain-reaction crash.

Santa Clara Example: A car is pushed into another lane after a truck crash on the San Tomas Expressway.

Possible Claims: Claims even if the 18-wheeler never made contact with their vehicle.

When They May File: Struck by or forced down by an 18-wheeler, often in a truck’s blind spots.

Santa Clara Example: A rider is hit on the Great America Parkway or a Santa Clara expressway.

Possible Claims: Claims against the parties whose negligence contributed to the crash.

When They May File: Struck during a wide turn, while a truck is backing, or when it fails to yield.

Santa Clara Example: A pedestrian is hit at a crosswalk on El Camino Real or Tasman Drive.

Possible Claims: Claims against the truck driver, motor carrier, or other responsible parties.

When They May File: Injured by a brake, tire, steering, or coupling failure, or by another motorist.

Santa Clara Example: A driver hauling freight on US-101 or SR-82 is hurt when a component fails.

Possible Claims: Workers’ compensation and, in some cases, a third-party claim against a manufacturer, maintenance company, or other driver.

When They May File: Their partner suffered a serious injury in the crash.

Santa Clara Example: A spouse is left caring for a partner with a lasting injury.

Possible Claims: Loss-of-consortium claim; if the crash was fatal, these losses generally become part of the wrongful death claim.

When They May File: The crash causes a death.

Santa Clara Example: A family loses a loved one in an 18-wheeler crash in Santa Clara.

Possible Claims: Wrongful death claim under California Code of Civil Procedure (CCP) §377.60 by a spouse, domestic partner, children, or heirs by intestate succession; some dependents may also qualify.

In 2023, the California Office of Traffic Safety (OTS) reported 8,745 people killed or injured in traffic collisions in Santa Clara County, including 535 pedestrians, 540 bicyclists, and 368 motorcyclists. These figures cover traffic collisions generally and do not show how many involved 18-wheelers. Still, they show that drivers, riders, and pedestrians throughout Santa Clara County face significant traffic-safety risks.

Data Transparency Note: This article uses 2023 California OTS county-level crash ranking data for Santa Clara County. OTS reports traffic victims killed or injured by category, but it does not identify the exact roads where crashes occurred or how many involved 18-wheelers. We update this content when newer, more reliable data becomes available.

Why 18-Wheeler Crash Claims in Santa Clara Are Different from Other Bay Area Claims

In Santa Clara, the road where a truck crash happens often determines who investigates it and which agency may share responsibility. Freeway, county expressway, state highway, and city street segments sit within a few blocks of each other, and the San Jose border runs close to several major truck routes.

Road Ownership Can Affect Public-Entity Liability

Different public agencies control Santa Clara’s major truck routes. The city’s General Plan identifies the Great America Parkway northbound off-ramp and the Bowers Avenue southbound off-ramp as monitored congestion points. The Lawrence, San Tomas, Montague, and Central Expressways are operated and maintained by Santa Clara County, while US-101 and the Santa Clara portion of El Camino Real (SR-82) are under state jurisdiction. If a dangerous road condition, traffic signal, or maintenance issue contributed to an 18-wheeler crash, identifying which agency controlled that specific location can be important when determining whether a public entity may share responsibility. 

Data Centers and Stadium Events Can Add Local Truck-Traffic Risks

Santa Clara has one of the largest concentrations of data centers in California, with over 50 operating in the city. Many are located in Santa Clara’s industrial areas, including areas near Central Expressway and north of US-101. Construction and expansion projects can also generate commercial truck traffic in these areas. Event days at Levi’s Stadium add closures, detours, and heavy pedestrian traffic around Tasman Drive and Great America Parkway.

Crash Location Affects Which Law-Enforcement Agency Investigates

The agency that investigates an 18-wheeler crash can also depend on exactly where it occurred. The Santa Clara Police Department generally handles crashes on city streets, while the California Highway Patrol handles crashes on state freeways such as US-101 and I-880. Meanwhile, the CHP San Jose Area patrols these and other state highways in the region. Near the Santa Clara-San Jose border and Mineta San José International Airport, jurisdiction can change within a short distance, and San Jose police may respond to crashes within that city. Identifying the investigating agency is important when requesting the collision report and related records.

Santa Clara County Court Rules Can Affect Where a Truck Lawsuit Is Filed

An 18-wheeler injury or wrongful death lawsuit arising in the City of Santa Clara or elsewhere in Santa Clara County may be filed in the Santa Clara County Superior Court when California venue rules make the county a proper location. Under the court’s current local rules, limited and unlimited general civil cases are filed at the Downtown Superior Court, 191 North First Street, San Jose. Civil proceedings may also be assigned to the Old Courthouse, 161 North First Street, San Jose, depending on the case and court assignment.

Court locations, departmental assignments, and filing rules can change. Before filing, parties should check the Santa Clara County Superior Court’s current court information and applicable local rules to confirm the proper courthouse and filing procedure.

18-wheeler and car crash scene on a Santa Clara highway
Injured driver receives emergency care after an 18-wheeler accident

Serious Injuries Common in 18-Wheeler Accidents

An 18-wheeler can generally weigh up to 80,000 pounds on the Interstate system, about 20 times the roughly 4,000-pound weight of an average passenger car. A fully loaded tractor-trailer also generally needs significantly more distance to stop than a passenger vehicle. Whether a crash occurs at freeway speed on US-101 or during a wide turn on El Camino Real, the large difference in size and weight can put occupants of smaller vehicles at greater risk of severe injury.

Because an 18-wheeler is a tractor-trailer combination, it can crash in ways a single-unit truck cannot. In a jackknife, excessive speed, improper braking, slick conditions, or brake imbalance can cause the tractor and trailer to fold toward each other, sweeping the trailer across several lanes. A trailer’s high center of gravity can also increase the risk of a rollover on curved ramps, and a car can slide under the trailer’s rear or side in an underride crash. During right turns, the trailer’s rear wheels follow a tighter path than the tractor’s, which can cause them to cut across a lane or onto a curb.

Injuries from 18-wheeler accidents may include:

Traumatic Brain Injury (TBI)

A violent impact, rollover, or underride crash can cause a concussion or a more severe traumatic brain injury affecting memory, concentration, and mood. In an underride crash, the trailer’s bed can strike the car at windshield level, where the head is most exposed. Recovery may require months of cognitive and physical rehabilitation.

Spinal Cord Injury and Paralysis

The force of a truck collision, or a trailer rolling onto a smaller vehicle, can compress or damage the spinal cord, causing partial or complete paralysis. Survivors may need months of inpatient rehabilitation and lifelong care.

Neck and Back Injuries

Herniated discs, vertebral fractures, and whiplash are common in rear-end and sideswipe truck crashes. A loaded tractor-trailer that cannot stop in time in slowing US-101 traffic, or one that changes lanes into a car in its blind spot, can cause these injuries even at moderate speeds. Pain and nerve symptoms may worsen in the days or weeks after the collision.

Crush Injuries and Amputations

When a car slides under a trailer or is pinned between a truck and a barrier on an expressway, occupants can suffer crush injuries severe enough to require amputation. Federal rules require rear impact guards on most qualifying trailers and semitrailers, although federal law does not currently require side underride guards. A missing or damaged rear guard can make some rear underride crashes more severe. Because the tractor and trailer may be owned by different companies, both ownership and maintenance records may be important for identifying who was responsible for the guard.

Broken Bones

Fractures of the pelvis, femur, ribs, and arms are common in broadside and underride collisions, and many require surgery. A jackknifed trailer sweeping across lanes can strike cars from the side, where they have the least protection.

Internal Organ Damage

Blunt-force trauma can damage the spleen, liver, or kidneys. These injuries are not always visible at the scene and can become life-threatening without prompt treatment.

Burn Injuries

Diesel fuel spills and cargo fires can cause severe burns that require grafting and long-term wound care. Tractors often carry diesel in large side-mounted tanks that can rupture in a side impact or rollover.

Lacerations, Scarring, and Disfigurement

Broken glass and torn metal can cause deep cuts that leave permanent scars, especially on the face and hands.

Emotional and Psychological Harm

Survivors may develop post-traumatic stress disorder, anxiety, sleep problems, or a lasting fear of driving near large trucks.

Seriously injured crash victims in the area may be transported to one of Santa Clara County’s designated trauma centers. The county’s two Level I trauma centers are Santa Clara Valley Medical Center (SCVMC), at 751 S. Bascom Avenue in San Jose, and Stanford Health Care in Palo Alto. SCVMC also operates specialized programs for brain injury, spinal cord injury, and burns. Regional Medical Center in East San Jose, which the county took over in April 2025, has also resumed Level II trauma care.

Questions After An 18-Wheeler Accident?
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What Damages Can You Recover from an 18-Wheeler Accident in Santa Clara?

Economic damages, non-economic damages, wrongful death damages, and punitive damages are all potentially recoverable after a Santa Clara 18-wheeler crash. California law allows you to seek financial compensation for legally recoverable losses caused by the crash, not just the immediate medical expenses.

Economic damages cover direct, calculable financial losses:

Non-economic damages address what money alone cannot fully replace:

  • Loss of Consortium: A spouse or registered domestic partner of a seriously injured victim may recover for the loss of companionship, affection, and support that the crash caused.
  • Wrongful Death Damages: Under CCP § 377.61, eligible surviving family members (see Who Can File above) may recover funeral and burial expenses, the economic support the decedent would have provided, and the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
  • Punitive Damages: California Civil Code § 3294 allows punitive damages when clear and convincing evidence shows a defendant acted with malice, oppression, or fraud. Malice can include despicable conduct carried on with a willful and conscious disregard for others’ rights or safety. For a trucking company to face punitive damages based on an employee’s conduct, additional statutory requirements involving an officer, director, or managing agent must be met.

How Insurance Works in a Santa Clara 18-Wheeler Accident Claim

An 18-wheeler usually carries far more liability coverage than a passenger car. By comparison, California’s minimum personal auto policy covers only $30,000 per person and $60,000 per accident for bodily injury. Which minimum applies to a truck depends on whether it was operating across state lines or only within California, and on what it was hauling. More than one policy may also apply to the same crash.

Interstate Carriers: Federal Minimums
Under 49 CFR Part 387, for-hire carriers hauling nonhazardous freight in interstate or foreign commerce in vehicles with a GVWR of 10,001 pounds or more generally must maintain at least $750,000 in financial responsibility. Certain hazardous materials require minimum levels of $1 million or $5 million, depending on the material and how it is transported. These amounts are minimums, and many carriers carry more.

Intrastate Carriers: California Minimums
Motor carriers of property operating within California must meet the financial-responsibility requirements in Vehicle Code § 34631.5. Most covered property carriers need at least $750,000 in combined single-limit coverage. Carriers hauling petroleum products in bulk have higher minimums: $500,000 for injury or death to one person, $1 million for injury or death to more than one person, and $200,000 for property damage, or at least $1.2 million in combined single-limit coverage.

MCS-90 Endorsement
When federal financial-responsibility rules require it, an MCS-90 endorsement may be attached to a motor carrier’s liability policy. In certain circumstances, it can require the insurer to satisfy a final judgment for public liability even when the underlying policy would not otherwise provide coverage. It is not a separate insurance policy, and its application is limited by federal law and the terms of the endorsement.

Other Policies That May Apply
The motor carrier, the owner of the tractor, the owner of the trailer, and a company that leased the truck may each hold separate coverage, along with excess or umbrella policies. Identifying every applicable policy requires reviewing the carrier’s insurance filings, lease agreements, and the relationships among the companies involved.

Your Own UM/UIM Coverage
If an unidentified 18-wheeler sideswipes your car on US-101 and keeps going, your uninsured motorist (UM) coverage may apply. California generally requires physical contact with the unidentified vehicle, a report of the accident to the appropriate law-enforcement agency within 24 hours, and, within 30 days, a statement under oath filed with the insurer stating that the insured has a claim against an unidentified person and setting out the supporting facts.

If a truck forced you off the road without touching your vehicle, for example, by cutting across lanes near the Great America Parkway exit, UM coverage for an unidentified vehicle generally does not apply. That makes witnesses, dashcam footage, and nearby business cameras especially important for identifying the truck. Underinsured motorist (UIM) coverage may also help when another at-fault driver in the crash had lower limits than your own UIM coverage.

After a serious crash, the carrier’s insurer may begin investigating right away, often with its own adjusters, investigators, and defense counsel. You are generally not required to give a recorded statement to the trucking company’s insurer.

What Happens After You Start a Santa Clara 18-Wheeler Accident Claim

Once an 18-wheeler claim begins, the focus shifts to preserving the remaining evidence, identifying all responsible parties and insurers, and documenting injuries as treatment continues. Some steps overlap, and the exact order depends on how the crash happened, who was involved, and whether fault or damages are disputed.

  1. The insurers are notified. The claim is opened with the trucking company’s insurer and any other insurers that may be responsible, including the owner of the truck or trailer and your own UM/UIM carrier. After a notice of representation is sent, insurers generally communicate with your attorney instead of contacting you directly.
  2. Preservation letters are sent. Written requests go to the carrier and other parties to preserve electronic control module (ECM) data, ELD records, dashcam and GPS files, maintenance records, and driver files. Letters may also go to businesses along El Camino Real or near US-101 ramps whose cameras may have recorded the crash, if the footage has not already been deleted.
  3. The crash report is obtained. Depending on where the crash happened, the report may come from the Santa Clara Police Department or the CHP San Jose Area office. Near Mineta San José International Airport, San Jose police may also have responded. Parties involved in a crash can generally request the report as an interested party, and CHP reports can be requested through the CHP Crash Portal or with Form CHP 190. The report does not, by itself, determine civil liability.
  4. Public road records are requested when relevant. If a signal or road condition may have contributed to the crash, records such as signal timing and maintenance logs may be requested from the agency that controls the road. That may be Caltrans for US-101 and El Camino Real, or the County Roads and Airports Department for the Lawrence, San Tomas, Montague, and Central Expressways.
  5. The motor carrier is investigated. Public information from the Federal Motor Carrier Safety Administration (FMCSA) Safety and Fitness Electronic Records (SAFER) system can include a carrier’s identifying information, inspection records, out-of-service data, crash history, and safety rating, if any. FMCSA’s Safety Measurement System (SMS) data offers additional detail, although it does not by itself establish that a carrier is unsafe. Internal records, such as the driver qualification file, hours-of-service logs, and maintenance history, may be requested before litigation and obtained through formal discovery if a lawsuit is filed.
  6. Electronic truck data is examined. ECM and other onboard data may show speed, braking, and throttle use before the crash. Downloading and analyzing it often requires an expert and, in some cases, a joint inspection with the carrier or a court order.
  7. The injuries and losses are documented. Records are gathered from every treating provider, including trauma centers, rehabilitation programs, and specialist offices. The timing of a demand depends on the circumstances. In serious injury cases, attorneys may wait until the injured person’s condition is sufficiently understood to evaluate future medical needs and other long-term losses. Life-care planners or vocational experts may help evaluate long-term needs and lost earning capacity.
  8. A demand is presented, and negotiations begin. The demand sets out the evidence of fault, the medical records, and the proof of losses. Negotiations may involve more than one insurer when several parties share responsibility.
  9. A lawsuit may be filed if the claim is not resolved. The case may be filed in Santa Clara County Superior Court. A lawsuit may also be necessary before negotiations end if the two-year filing deadline is approaching. The case then moves through discovery, depositions, expert disclosures, and settlement discussions or mediation, and may go to trial if no agreement is reached.

Proving Fault in a Santa Clara 18-Wheeler Accident

Fault in an 18-wheeler crash can rest with the truck driver, the trucking company, or other parties such as cargo loaders, repair shops, parts makers, other drivers, or a public agency. California negligence law applies to everyone on the road, and federal and state trucking rules add a second layer that can help prove fault.

The Four Elements of a Negligence Claim

  1. Duty: Under Civil Code §1714, truck drivers and the companies that direct them owe a duty of reasonable care to others on the road.
  2. Breach: A driver or carrier breaches that duty by, for example, speeding on US-101, falsifying logbook entries, skipping required inspections, or failing to secure cargo.
  3. Causation: The breach must be a substantial factor in causing the crash and injuries. Crash reconstruction, engine data, and electronic logging device (ELD) records can help show this.
  4. Damages: The injured person must have suffered losses, such as medical expenses, lost income, or pain and suffering.

Trucking Rules That May Help Prove Fault in an 18-Wheeler Accident

A violation does not automatically prove liability, but it can be strong evidence. When a regulation was designed to prevent the kind of harm that occurred, a violation may also support a negligence per se argument under Evidence Code § 669.

  • Truck Speed Limit: Vehicle Code § 22406 limits an 18-wheeler and other covered trucks to 55 mph on California highways. That limit still applies on US-101 through Santa Clara, where the posted limit for passenger vehicles is 65 mph. An 18-wheeler keeping pace with car traffic near the Great America Parkway or San Tomas Expressway exits may be exceeding its legal limit.
  • Driver Training and Qualification: Operating an 18-wheeler generally requires a Class A commercial driver’s license, which permits operation of tractor-trailer combinations. Pulling double or triple trailers or a tank trailer requires additional endorsements. Since February 2022, most new Class A applicants must also complete federal entry-level driver training from a provider listed on FMCSA’s Training Provider Registry before taking the skills test. Carriers must maintain a driver qualification file under 49 CFR §391.51, including required employment, driving record, road test or equivalent, and medical qualification documentation. For CDL drivers, current rules generally document medical certification through the driver’s CDLIS motor vehicle record.
  • Hours of Service (HOS): Federal rules limit how long commercial drivers may drive and require rest breaks. ELD records can show whether a driver exceeded those limits. Under 49 CFR §395.8(k)(1), carriers must keep records of duty status and supporting documents for at least six months.
  • ELD Tampering and Telematics Data: Altering or disabling an ELD violates federal rules. Other telematics, GPS, and dashcam data that are not records of duty status may be overwritten much sooner, which is why a preservation letter should be sent early.
  • Drug and Alcohol Testing: FMCSA rules require pre-employment, random, and reasonable-suspicion testing, as well as post-accident testing when the conditions of 49 CFR §382.303 are met. A positive test result may be relevant to the fault depending on the circumstances. At the same time, a carrier’s failure to perform required testing may be relevant to its compliance with federal safety regulations.
  • Inspection and Maintenance: Federal rules require carriers to systematically inspect, repair, and maintain their vehicles, including brakes, tires, and steering components. Missing or incomplete maintenance records can support a claim against the carrier or a repair shop.
  • Cargo Securement: Federal cargo securement rules place duties on the carrier and driver to secure loads so they do not shift or fall. This is especially relevant for heavy equipment, such as generators and electrical gear, moving to and from Santa Clara’s data centers. A shipper or loader may also be liable when its own conduct contributed to the crash.

Following the rules does not, by itself, mean that a driver used reasonable care. On event days at Levi’s Stadium, for example, heavy pedestrian traffic and detours around Tasman Drive and Great America Parkway may require a truck driver to slow down or stop well within federal hours-of-service limits.

Who May Be Liable

An 18-wheeler crash in Santa Clara can involve several responsible parties at once. Depending on how the crash happened, liability may extend beyond the driver to the trucking company, the truck’s owner, the companies that loaded or repaired it, other motorists, or the public agency that controls the road.

  • The truck driver, for errors such as speeding, running a red light on El Camino Real, unsafe lane changes near US-101 on-ramps, or driving while fatigued.
  • The motor carrier may be responsible when its driver causes a crash while doing work for the company. If the carrier accepts responsibility for an employee-driver’s negligence, separate claims based on how that driver was hired, retained, or entrusted with the truck may not always continue. However, the carrier may still face liability for its own conduct, such as providing an unsafe vehicle or failing to address a known safety problem. Calling a driver an independent contractor also does not automatically shield the carrier from liability.
  • The vehicle owner, if different from the carrier. California’s permissive-use rules can apply to commercial trucks as well as passenger vehicles. If the owner allowed the driver to use the truck, the owner may be liable for the driver’s negligence. The statutory limits on this type of owner liability may apply. Still, different or additional liability rules can apply when the owner is also the driver’s employer, acts through an agency relationship, or is independently negligent.
  • Cargo loaders and shippers, when their own loading errors caused the load to shift or fall.
  • Maintenance contractors, when a faulty brake, tire, or steering component caused a mechanical failure.
  • Parts manufacturers, under the strict product liability rule of Greenman v. Yuba Power Products, Inc. (1963) 59 Cal. 2d 57. The injured person must still prove a defect and causation.
  • Other drivers may cause or contribute to a truck crash by cutting in front of a truck, braking suddenly, or making unsafe lane changes.
  • Public entities may be liable under Government Code §835 when a dangerous condition of public property caused the injury and the statutory requirements are met. Those requirements include a reasonably foreseeable risk of the type of injury that occurred and either creation of the condition through a public employee’s negligent or wrongful act or omission, or actual or constructive notice of the condition in time to protect against it. Depending on the location, that may be Caltrans for US-101 and El Camino Real, Santa Clara County for the Lawrence, San Tomas, Montague, and Central Expressways, or the City of Santa Clara for city streets.

How Comparative Fault Works in a Santa Clara Accident Case

California follows pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal. 3d 804. Your share of fault reduces your recovery, but it is not eliminated.

For example, suppose a driver heading north on San Tomas Expressway changes lanes without signaling to reach the US-101 on-ramp, and an 18-wheeler traveling 64 mph rear-ends the car. The truck was going 9 mph over its 55 mph limit. If a Santa Clara County Superior Court jury finds the truck driver 80% at fault and the car driver 20% at fault, and the car driver’s damages total $500,000, the car driver could recover $400,000.

When several defendants share fault, such as a driver, a carrier, and a repair shop, Proposition 51 (Civil Code §1431.2) generally makes each defendant responsible for non-economic damages only in proportion to its own share of fault. Economic damages, such as medical bills and lost wages, may still be recovered from any liable defendant in full.

Filing Deadlines for Santa Clara 18-Wheeler Lawsuits

California’s filing deadlines can bar a claim if they are missed, although limited exceptions and tolling rules may apply.

  • Two-Year Personal Injury Deadline: You generally have two years from the date of the crash to file a personal injury lawsuit. This deadline applies to direct injury claims against the truck driver, the carrier, and most private defendants.
  • Three-Year Property Damage Deadline: Claims for damage to your vehicle and other property must generally be filed within three years under CCP § 338(c)(1).
  • Workers’ Compensation Deadlines for Truck Drivers: Truck drivers hurt on the job should generally provide written notice to their employer within 30 days (Labor Code § 5400). Proceedings for certain workers’ compensation benefits generally must be commenced within one year of the date of injury, the expiration of a period covered by disability payments, or the last date qualifying medical benefits were furnished, depending on the circumstances (Labor Code § 5405). Any separate third-party claim is subject to the applicable civil filing deadlines.
  • Six-Month Government Claim Deadline: If a public entity may share fault, a written government claim generally must be filed with that agency within six months of the injury. In Santa Clara, that may be Caltrans for US-101 or El Camino Real, Santa Clara County for the Lawrence, San Tomas, Montague, or Central Expressways, or the City of Santa Clara for city streets. The claim must be submitted before a lawsuit can be filed against the agency, and missing the deadline generally bars the claim, though limited exceptions may apply.
    • Deadline After a Government Claim Is Rejected: Presenting the government claim is only the first step. If the agency gives a written rejection notice that complies with California law, a lawsuit generally must be filed within six months after the notice is personally delivered or mailed. If the required written rejection notice is not provided, Government Code § 945.6 generally allows up to 2 years from the accrual date, subject to applicable exceptions.

Evidence deadlines can be much shorter. Some truck data may be overwritten long before any filing deadline, as explained in the claim process section above. The Santa Clara traffic accident lawyers can send evidence preservation holds the day you retain the firm.

Results Arash Law Has Recovered for Injured Clients

Arash Law has recovered more than $1 billion for injured clients across California. The case results below are not from Santa Clara, but they show how the firm has handled serious commercial truck claims involving pedestrians, truck drivers, and other motorists, including cases in which the defense disputed fault or the extent of injuries.

$5M
Pedestrian Accident

Our client was walking within a crosswalk when a large truck struck him, causing a mild traumatic brain injury. The trucking company argued that he was looking down at his phone as he walked. Despite this argument, we recovered $5 million for the client.

$3.12M
Workers' Compensation

Our client, a truck driver, was asleep in the cab when his co-driver was involved in a crash. He was thrown from the cab and suffered a traumatic brain injury along with other serious injuries. After several years of limited treatment, he worked with Arash Law. The firm secured his admission to a neurorehabilitation facility and a substantial recovery.

$1.15M
Truck Accident

A delivery truck rear-ended our client on the freeway, causing neck and back injuries. The defense disputed the extent of her injuries and pointed to pre-existing conditions. The case was resolved at mediation before trial.

The case results listed on this page are not a guarantee, warranty, or prediction of the outcome of your case. Every case is unique, and results depend on the specific facts and circumstances involved. Past results do not guarantee future outcomes.

Why Santa Clara 18-Wheeler Crash Victims Choose Arash Law

An 18-wheeler claim can involve evidence and parties that a typical car accident claim does not, including federal and state trucking rules, several insurers, and public agencies that control different stretches of the same road. Arash Law has recovered more than $1 billion for injured clients across California, and it serves Santa Clara clients from its San Jose office.

Here is what our Santa Clara personal injury lawyers can help with:

Preserve Truck and Local Evidence

The firm can send preservation letters to the carrier and other parties for ECM data, ELD records, dashcam and GPS files, and maintenance records. It can also send requests to businesses along El Camino Real or near US-101 ramps whose cameras may have recorded the crash.

Obtain Reports and Road Records from the Right Agencies

Depending on where the crash occurred, the firm can request crash reports and, when a road condition may have played a role, public road records from the agencies involved.

Review the Carrier and Its Coverage
Attorneys can review public FMCSA information about the carrier and determine whether federal or California insurance minimums apply. They can also identify other policies that may cover the truck, trailer, or owner.
Document Serious and Long-Term Losses

The firm can gather records from all treating providers, including trauma centers such as SCVMC, Regional Medical Center, and Stanford. In cases involving lasting injuries, it can also work with life-care planners or vocational experts.

Handle Insurance Communications

Arash Law can communicate with the trucking company’s insurer and any other insurers involved, respond to information requests, review settlement offers, and negotiate on the client’s behalf.

File a Lawsuit When Needed

If a claim does not resolve, the firm can help you file a case in the Santa Clara County Superior Court and proceed with discovery, mediation, and trial if necessary.

Discuss Your Santa Clara 18-Wheeler Accident With Arash Law!

After a truck crash on US-101, I-880, or El Camino Real, the carrier’s team is already building its defense. Every day that passes is a day that ELD data, dashcam footage, and crash scene evidence move closer to being lost.

Call Arash Law now at (888) 488-1391, available 24 hours a day, 7 days a week. Your free case evaluation costs you nothing and creates no obligation. Our Santa Clara injury law firm handles cases on a contingency fee basis: no attorney’s fees unless the firm recovers money for you.

Frequently Asked Questions About 18-Wheeler Accidents in Santa Clara

Yes. California’s pure comparative fault rule allows recovery even when you share some fault, with your damages reduced proportionally to your share. Fault may be disputed in a commercial truck claim, and evidence such as ECM data, dashcam footage, witness statements, crash reconstruction, and ELD records can be used to evaluate what happened. A lawyer with experience in 18-wheeler accident cases can also review whether the truck’s speed, braking, and hours-of-service records are consistent with the carrier’s account of the crash.

Not necessarily. An 18-wheeler has large blind spots. Truck drivers are expected to check their mirrors and account for them before changing lanes, turning, or merging. A driver who merges from a US-101 on-ramp near Great America Parkway, or makes a wide right turn on El Camino Real without seeing a nearby car, may still have failed to use reasonable care. Dashcam footage, ECM data, and witness statements can help show where your vehicle was and whether the driver had time to see it.

There is no standard timeline. A case with clear fault and completed treatment may resolve sooner, whereas cases involving catastrophic injuries, multiple defendants, or disputed safety violations usually take longer. Obtaining truck data and crash reports, finishing medical treatment, and scheduling at the Santa Clara County Superior Court can all affect how long a case takes. Your attorney can give you a realistic estimate after reviewing your facts.

Yes. Some injuries or symptoms, including those associated with traumatic brain injuries and psychological trauma, may not become obvious immediately after a crash. Internal injuries can also be difficult to recognize without medical evaluation. You can still seek compensation for injuries caused by the collision. The two-year deadline generally runs from the date of the crash, so see a doctor promptly and get a legal evaluation early.

Calling a driver an independent contractor does not automatically prevent a carrier from being held liable. The result depends on the relationship between the driver and carrier, the work being performed, and the legal basis for the claim. A lawyer can investigate contracts, dispatch records, and FMCSA operating authority information to identify the potentially responsible parties.

Victim of an 18-Wheeler Accident in Santa Clara? We Can Help

After a serious truck crash on US-101, I-880, or El Camino Real, the carrier or its insurer may quickly begin investigating the accident. You should not be navigating a commercial insurance claim alone while you are still recovering.

Arash Law handles Santa Clara 18-wheeler cases on a full contingency basis. You pay no attorney’s fees unless our Santa Clara accident lawyers recover money for you. Call (888) 488-1391 now, 24 hours a day, 7 days a week, for a free case evaluation. There is no cost to call, and no obligation to hire. The firm serves Santa Clara and all of Santa Clara County, including Los Altos, Mountain View, Palo Alto, San Jose, and Sunnyvale.

Make Them Pay, Call AK.

The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. The results described are not a guarantee of future outcomes. Arash Law is a California personal injury law firm licensed to practice in California. Consult a licensed attorney for advice specific to your situation.

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