San Jose Truck Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
San Jose Truck Accident Lawyers Offering Legal Guidance Rooted In Experience
San Jose’s increasing traffic congestion raises the risk of truck accidents, which can have disastrous repercussions for people riding in smaller cars. You may be entitled to compensation if a truck accident has injured you or a loved one. Contact our San Jose truck accident attorneys right away. Arash Law is dedicated to helping you seek compensation from at-fault parties, such as truck businesses and drivers, for their negligence. Call (888) 488-1391 for a free case evaluation today.
San Jose, a large metropolis in California’s Bay Area, is widely considered to be the heart of Silicon Valley. Located in Santa Clara County, 50 miles southeast of San Francisco, the city offers a unique blend of the old and the new. Its downtown historic district boasts architectural landmarks dating back to the 1800s, but it’s also where a large number of tech companies and startups are headquartered. The city sees a lot of trucks transporting goods to and from factories, warehouses, and distribution centers in the area.
Semi-trucks and 18-wheelers are among the biggest vehicles on American roadways, posing serious dangers to smaller cars, motorcyclists, pedestrians, and cyclists. When someone is injured in a collision involving these commercial vehicles, our truck accident lawyers are on standby to help. We have experience handling cases involving truck collisions and other types of accidents, including car crashes, boating accidents, product liability, and other personal injury claims.
We are dedicated to pursuing compensation for our clients using both our negotiation skills and experience in personal injury litigation. If you hire us, we can work to seek the restitution you may be entitled to under the law.
Why Work With Our San Jose Truck Accident Lawyers?
Our truck accident lawyers at Arash Law will help you understand your legal options and guide you through the process of submitting a personal injury claim. We will advocate for your rights and pursue the compensation to which you may be entitled.
When you hire our attorneys, you can expect the following:
- Personalized approach and tailored legal strategy.
- Thorough investigation.
- Comprehensive support and attention to your needs.
- Transparent and regular communication about your case.
At our personal injury law firm, we prioritize our clients’ needs. Call us today to learn how our truck accident lawyers in San Jose can help you.
Paz v. Airfax Logistics (settled on 5/26/2020) – settlement in a case involving a client who was involved in a trucking accident and sustained a traumatic brain injury and other trauma.– TINA ESHGHIEH
How Our Truck Accident Attorneys Pursue Compensation
In every case we handle, our lawyers strive to seek settlements for injured clients. We independently scrutinize every aspect of the case to identify all possible avenues of compensation. Here’s how we work to pursue the amount you may be entitled to:
Gather Supporting Evidence
Personal injury cases involving truck accidents are especially complex. Crash scenes often have large debris fields with scattered evidence. However, our experienced legal team is skilled at finding relevant details to build a well-supported case for you. We move to gather and process information.
Our San Jose truck accident lawyers know how to conduct an independent investigation to collect proof of the other party’s negligence, such as:
- Hours of service logs
- Dashcam footage and any nearby CCTV footage
- Black box data (electronic data recorder)
- Driving records of all parties involved
- Maintenance history of the vehicle
- Cell phone records (to investigate potential distracted driving)
- Photos and videos from the accident scene
- Expert testimony
We can also work with accident reconstruction specialists to gain a better understanding of how the crash occurred. These experts analyze the scene, leveraging their knowledge of physics and engineering to provide insights that may support your claim.
Identify Liable Parties
Truck accidents can be complicated by the possible involvement of trucking companies, contractors, and manufacturers.
Our experienced lawyers are well-versed in California laws governing personal injury, the truck industry, and traffic accidents. We will use our knowledge to identify who may be responsible for the accident and seek compensation from them for you. We are committed to pursuing compensation that could help cover the full extent of your injuries and losses.
Negotiate With Insurance Companies
Our attorneys can handle all the communications and negotiations with the other parties on your behalf. This way, we can help you address any defenses insurance companies may raise to challenge the extent of their responsibility. After they review the facts of your claim, they may claim that you were partly responsible for your injuries. Some may also attempt to contact you for a recorded statement, which they can scrutinize for any information that may reduce their liability.
Furthermore, our San Jose truck accident lawyers are experienced negotiators. We can advocate for a settlement offer that reflects the extent of your injuries and losses.
Prove Your Case
Establishing the other party’s negligence is a prerequisite for pursuing compensation. In essence, our truck accident attorneys can help you prove the following elements:
- Duty of Care — The defendant must have a legal obligation to avoid harming you in that specific situation.
- Breach of Duty — They breached their duty of care through their wrongful action or inaction.
- Causation — The breach of duty directly caused the accident in which you were injured.
- Damages — You sustained damages due to the accident, such as medical expenses or pain and suffering.
If even one of these criteria is not met, you cannot file a claim based on negligence. You may need the assistance of truck accident lawyers in San Jose to build a case backed by the evidence available in your situation. We can help you establish these elements to seek compensation on your behalf.
Represent You In Court
We can take your case to trial if a settlement can’t be reached. Our seasoned attorneys have experience with litigation in the state. We have helped our clients by presenting well-supported cases to a judge and jury. We can advocate for your rights in this setting.
Types Of Trucks Commonly Seen On San Jose Roads
Various factors, including the specific type of truck involved, can influence truck accidents. Its cargo, design, and purpose present unique risks to road safety. Our San Jose lawyers have handled accident claims involving the following types of trucks:
- Tractor-trailers — These vehicles are also known as big rigs, semis, and 18-wheelers. They are often used for long-haul transport and consist of a tractor unit and one or more trailers. They can be up to 53 feet long, which means they have larger blind spots than other vehicles. Due to their size and weight, tractor-trailers also have longer stopping distances and a higher center of gravity. These characteristics contribute to numerous rear-end accidents, rollovers, and other serious collisions.
- Flatbeds — Some trailers are open, making it easier to transport certain goods and materials. However, flatbeds present a risk if the load is not secured properly. If the cargo shifts or falls off, it can crash into other vehicles and create road hazards.
- Tankers — Trucks carrying liquids or gases pose an additional risk due to the potential for hazardous spills. Liquid sloshing in the tank could also destabilize the vehicle, especially when it’s partially filled.
- Tow Trucks — These vehicles present a double threat on the road. First, if the towed vehicle is not secured properly, it can get detached and cause an accident. Second, tow trucks are most often used on the sides of roads and highways, which puts them and surrounding vehicles at risk of collisions with inattentive drivers.
Other types include garbage trucks, dump trucks, refrigerated trucks, and more. All of them have the potential to cause injuries and damages, particularly if the driver or trucking company is negligent.
Contact our personal injury law firm immediately if you are injured in a trucking accident. We can craft a personalized legal strategy tailored to the type of vehicle, industry, and parties involved.
Different Types Of Truck Accidents You Should Know
A truck collision might occur in numerous ways, all of which can have disastrous consequences. Here are some of the collisions our San Jose truck accident lawyers can handle:
- Blind Spot Accidents — Blind spots, also known as “No Zones,” can be found on the sides and back of commercial vehicles. Failing to avoid these areas can lead to accidents. When changing lanes or making a turn, inexperienced or negligent truck drivers can cause sideswiping and lane change collisions by not correctly accounting for these blind spots.
- Wide-Turn Accidents — A smaller vehicle could become pinned against other cars, medians, or other barriers if a truck driver underestimates the space required to make a turn or overlooks a vehicle in its path.
- Rollover Accidents — Rollover accidents commonly occur on steep hills or drops, and their primary causes include speeding and improper loading. A truck driver might also cause a rollover accident by running into a curb, swerving to avoid other cars or obstacles on the road, or taking a turn too quickly.
- Runaway Truck Accidents — Improper braking techniques can lead to runaway truck accidents, which often occur at intersections, toll booths, off-ramps, and railroad crossings. A truck driver with proper training will apply the brakes gradually to reduce the truck’s speed.
Types Of Truck Accidents Due To Brake Failure
Our San Jose truck accident lawyers have also seen cases involving malfunctioning brakes.
Brake failure accidents can result from various causes, with brake line leaks being the most frequent. When this happens, the brake fluid gradually depletes, leaving insufficient pressure to stop the wheels properly. Brake failure can also be caused by worn-out discs or drums and poorly maintained parts. Lastly, overheating from sudden stops might increase the chance of brake failure.
Here are some accidents that could occur when the brakes malfunction:
- Rear-End Accidents — These incidents happen when a truck collides with the back of another car, which can result in fatalities and severe injuries for the people inside the smaller car. Rear-end collisions might occur when the brakes fail to engage properly or when the truck driver fails to maintain a safe following distance.
- Underride Accidents — Vehicles following a truck may not stop in time if their brakes fail or the truck driver abruptly slams on the brakes. As a result, they may be crushed under the back of the truck or trailer, resulting in serious injuries or even fatalities for the people inside.
- Jackknife Accidents — A tractor-trailer may “jackknife” if the drive axle brakes lock, forcing the trailer to slide and halt at a 90-degree angle to the tractor. Because the trailer may collide with oncoming traffic or run off the side of the road, jackknife incidents can be extremely deadly. They are also frequently caused by negligent driving, such as going too fast, braking improperly, or being preoccupied while driving.
Who Is Liable In A Truck Accident Case?
Commercial truck accidents are different from car accidents. It is usually easier for our car accident lawyers to identify who is at fault in a typical collision between two passenger vehicles. However, it becomes more challenging to determine fault in an accident involving a commercial truck.
This is because operating these vehicles requires the cooperation of numerous groups and individuals. Depending on the specifics, some of these parties could be charged with causing the accident.
Thorough investigations are necessary to identify those who may be accountable for the injuries victims suffer. You’ll need to gather evidence and information that connects one or more individuals to the incident and its consequences. Therefore, consider seeking the assistance of knowledgeable truck accident lawyers in San Jose before deciding whether to file a case independently.
The following parties may be jointly or individually liable in a truck accident claim:
Truck Operators
Due to their negligent and sometimes unpredictable actions, truck drivers have the potential to cause accidents. As a result, they are often perceived as the party at fault in crashes between cars and large trucks.
Truck Companies
If you are involved in an accident, it is reasonable to believe the other driver is at fault. However, the owners of commercial vehicles are often companies, not the drivers themselves. Under California law, business owners are held responsible for the actions of their employees.
Their insurance provider may be responsible for compensating you in the event of an accident involving their driver. This calls for your San Jose truck accident attorneys to help you decide whether suing the company for damages is the best course of action.
Trucking businesses are responsible for their drivers and the trucks they operate. For this reason, they must hire and train licensed drivers. Failing to screen their drivers properly could expose them to liability if an unlicensed or untrained driver causes an accident.
Trucking businesses must also comply with the laws and regulations established by the Federal Motor Carrier Safety Administration (FMCSA). This agency has the authority to sanction enterprises that do not meet the standards.
Cargo Loading Services
Some trucking companies hire other businesses or contractors to load cargo onto the truck. These cargo loaders are responsible for loading and securing goods properly. If they don’t and the truck gets involved in a cargo-related accident, they could be held partially liable for the resulting damages.
Vehicle Manufacturers
You can also seek compensation from the truck’s manufacturer in some circumstances. If a design or manufacturing error resulted in your injury, you may be able to pursue compensation from the maker.
Truck accidents due to parts malfunctioning can occur in various ways. They may involve coupling failure, steering failure, or tire blowouts. Additionally, certain truck collisions may be caused by a truck’s poor overall design. In these circumstances, the manufacturer of the vehicle or its parts may be held accountable for the accident.
Our dedicated truck accident lawyers in San Jose can help you demonstrate that the brake manufacturer was liable if defective brakes caused the incident that injured you.
Maintenance Companies
Routine maintenance is necessary for large commercial trucks. The party or company responsible for truck maintenance is liable for any traffic accident caused by a failure to examine, repair, or replace a truck part. Truck components that should be inspected on a regular basis include brakes and brake lamps, coupling devices, exhaust systems, steering mechanisms, stop lamps, suspension, tires, trailer bodies, turn signals, windshield wipers, wheels, rims, and hubcaps.
Factors Leading To Truck Accidents In San Jose
Any motorist can cause a truck crash. However, today, big rig truck accidents are so common in large part because some truck drivers disobey the laws and regulations that prudent and responsible truck drivers should follow. Examples of driver negligence that may result in truck accidents in San Jose include the following:
Driver Exhaustion
Every state has distinct rules regulating the maximum hours a commercial truck driver can drive before taking a break or going off-duty. In fact, federal restrictions limit a truck driver’s time on the road to no more than eleven hours. If these regulations are not followed, the driver or the trucking company may be held financially liable in the event of a collision.
In these cases, our San Jose truck accident lawyers can find evidence of how the trucking company may have violated the law. We can also investigate further to see if they committed other violations, which may help us build a more substantiated case.
Speeding
Speeding is something that no driver, regardless of vehicle type, should ever do. However, it is a common practice among truck drivers who may rush to meet strict deadlines. By doing so, they overlook the fact that 18-wheelers and semi-trucks are particularly hazardous when traveling at excessive speeds. Their size makes it much more challenging to stop swiftly if necessary, potentially resulting in a deadly crash.
When slowing down or stopping, these trucks must have enough time and a large distance between themselves and the other vehicles. Otherwise, the truck can easily crash into the vehicle in front of it.
Distracted Drivers
Truck drivers are frequently required to take long trips. As a result, they can become bored, especially on long stretches of highway and at night. They are prone to having their attention diverted from the road by becoming preoccupied with other things, such as their phones. Driving while texting or talking on the phone is already a risky activity. If the driver of such a large vehicle engages in this behavior, they can cause a devastating accident.
Distracted driving cases can be challenging to prove. However, our truck accident lawyers have ways of identifying how the trucker could have become distracted. We can interview witnesses, check videos, and request the driver’s phone logs.
Driving Under The Influence
If someone is intoxicated, they should avoid operating a truck or any other type of motor vehicle because they endanger the safety of everyone around them. Alcohol, drugs, and certain medications have dangerous side effects, like reduced concentration, blurred vision, impaired decision-making skills, and slowed reaction times.
Aggressive Driving
Human factors, such as frustration, fatigue, and impulsive reactions, are recognized contributors to unsafe driving. These behaviors can impair judgment, increase reaction times, and lead to poor decision-making. When a driver operates a large commercial truck, the consequences of even a small mistake can be severe. Because of this, emotional control and steady focus are essential for keeping everyone on the road safe.
Excessive Cargo
The law limits the weight of goods that can be loaded in a truck because the heavier it gets, the more difficult it is to control. Even an additional pound is already a violation. If the cargo exceeds the weight and volume limits, an accident is likely to occur.
Inadequate Driving Training By The Employer
Specialized licenses and significant training are needed to operate a truck. Despite this, some businesses might send inexperienced or unqualified drivers on the road due to cost-cutting or a lack of personnel. If this negligence results in an accident, our truck accident lawyers in San Jose can help you seek compensation from them.
Lack Of Road Familiarity
It is the truck driver’s job to know where they are going and which routes they plan to take. This is standard for these operators and should never be used as an excuse. The chance of an accident may increase if the driver is unaware that the road has become too narrow, crooked, or rocky. If they fail to adjust and prepare accordingly, they can lose control of their trucks or collide with other objects.
Other Common Causes Of Truck Accidents
Although driver error is the cause of most crashes involving large trucks, accidents can also occur due to events involving the negligence of other parties. Beyond driver error, our San Jose truck accident lawyers have experience with cases involving the following:
- Defective Components — Before starting their trip, truck drivers must verify that the brakes, tires, and other systems are in proper working order. Even a minor flaw in these critical parts can result in a significant injury or fatality.
- Poor Maintenance of Equipment — Trucking businesses are responsible for maintaining their fleet. If the truck is not properly maintained, mechanical failures, such as engine malfunctions or steering issues, can lead to serious accidents. In such cases, the corporation may be held accountable.
- Road Constructions — Serious truck accidents can be caused by inadequately defined construction zones or the careless behavior of workers. Furthermore, narrow lanes, uneven surfaces, and inadequate signage could lead to collisions. In such situations, the organization or department responsible for the construction may be at fault.
- Another Driver’s Unsafe Driving Practices — A truck collision may occasionally result from another driver’s reckless driving. For instance, the commercial truck operator might swerve to avoid a car that suddenly cuts in front of it. As a result, the truck might collide with a vehicle in the adjacent lane, causing severe injuries.
- Unsafe Driving Circumstances — Serious accidents can be caused by poor road conditions resulting from careless design or inadequate road maintenance. If this is the case, the government organization responsible for maintaining the road may bear liability for the ensuing damages. However, such cases can get complicated since claims against the government are subject to different laws. You can consult with truck accident lawyers to learn how to proceed with your claim.
- Weather Conditions — Like conventional cars, trucks struggle to drive in hazardous weather conditions, such as high winds or heavy rain. Due to the slippery roads, muddy paths, hazy surroundings, and strong gusts, the journey becomes challenging and risky. The reduced visibility and traction can lead to drivers losing control of their vehicles, making it less likely for them to successfully navigate these dangerous conditions without causing an accident.
Dangerous Roads In San Jose, California
One of the most dangerous roads in San Jose is King Road, a six-mile street notorious for its high number of accidents. From 2018 to 2022, collisions in this area led to 21 injuries, while eight individuals were killed from 2018 to 2023.
The roads crossing King also experienced a high number of collisions from 2018 to 2022, such as:
- Story Road — 11 fatalities and 42 serious injuries
- Tully Road — 14 fatalities and 39 serious injuries
- Capitol Expressway — 12 fatalities and 45 serious injuries
San Jose is taking steps to improve safety on these roads. In 2023, the city secured $12.9 million to improve the four corridors. In 2024, the transportation department will finalize the plan targeting safety and traffic flow.
Serious Injuries Caused By Truck Collisions
The FMCSA stated that a fully loaded tractor-trailer can weigh up to 80,000 pounds. Due to the trucks’ sheer size and weight, accidents involving these vehicles can result in much more devastating damage. According to the National Highway Traffic Safety Administration, large truck accidents in the U.S. resulted in roughly 147,000 injuries and more than 4,900 fatalities in 2020.
Our San Jose truck accident lawyers frequently assist clients who have suffered the following injuries:
- Broken or Dislocated Bones
- Severe Lacerations or Amputations
- Crush Injuries
- Internal Organ Damage
- Internal Bleeding
- Traumatic Brain Injuries
- Spinal Cord Injuries With Paralysis
- Head and Brain Injuries
- Severe Burns
Given the significant role that millions of trucks play in transporting goods and contributing to the state’s economy, it becomes even more crucial for truckers and trucking companies to fulfill their duties responsibly. Failing to uphold their legal responsibilities can result in severe consequences that negatively affect the lives of victims and their families.
These severe injuries usually result in high medical expenses, not to mention the pain and suffering victims go through. These may be recoverable in a claim. As long as you sustained damages in an accident caused by the negligence of others, you could have the right to seek compensation. Talk to our San Jose truck accident lawyers to know what you may be entitled to.
Dealing With Insurance Companies After Your Truck Accident
After your accident, you can expect the other party’s insurance company to start calling you to investigate. A representative might also offer a settlement, which could seem like a significant amount of money at first, especially when you’re pressed for money for your accident-related expenses. However, consider not accepting any offer without discussing it first with a truck accident lawyer.
Insurers are known for conducting investigations soon after an accident occurs, when the full extent of your losses may not yet be apparent or known. As such, a quick settlement may fail to account for your ongoing and future medical costs and non-monetary damages.
In this case, you may need a legal team that can help you determine the best course of action. After an accident, consult our truck accident lawyers right away. Our attorneys can come up with an estimate of your claim’s potential worth after considering all your current and future losses.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Common Economic And Non-Economic Damages Following A Truck Accident
Victims face different challenges after a truck collision. Economic damages refer to money-related issues, such as hospital bills and missed paychecks. In contrast, non-economic damages are more difficult to quantify, as they encompass the pain or emotional distress experienced. Together, they illustrate the impact that victims experience after such accidents, and our truck accident lawyers in San Jose can help you seek these damages.
Economic Damages
Damages with a fixed cost are referred to as monetary or economic damages, such as:
- Medical bills, including doctor visits, surgeries, diagnostic tests, and hospitalizations.
- Continuous rehabilitation treatments.
- Prescription medications.
- Lost wages while you recover.
- Loss of future income if you are permanently disabled.
- Home modifications that are necessary to accommodate a wheelchair or walker.
- Around-the-clock care for those with traumatic brain and spinal cord injuries.
- The cost of hiring professionals to perform services you can no longer do yourself, such as childcare and housekeeping.
Non-Economic Damages
The subjective ways the crash has altered your life are known as non-economic damages. Some insurance providers may undervalue or even reject these damages. However, our San Jose truck accident attorneys can help you pursue the compensation that may be available for these losses, which may include:
- Physical pain
- Emotional suffering
- Loss of fertility
- Loss of enjoyment of life
- Diminished self-esteem due to permanent scarring
- Loss of companionship for your spouse
Wrongful Deaths
Due to the sheer size and weight of a loaded truck, accidents involving them often turn fatal. Victims could die on impact, get crushed beneath an overturned truck, or sustain deadly injuries in an underride accident, among other serious outcomes.
In such cases, the surviving family members may be eligible to pursue compensation. In general, our truck accident attorneys who handle wrongful death claims can help them seek the following damages:
- Funeral and burial costs.
- Loss of financial support.
- Medical bills incurred by the victim.
- Pain and suffering.
- Loss of consortium.
Note that only certain people can file a wrongful death claim. In California, priority goes to the decedent’s:
- Spouse or registered domestic partner
- Children
- Grandchildren of deceased children
If none of the above are still alive, the state allows the following to file a wrongful death claim:
- Those “who would be entitled to the property of the decedent by intestate succession,” which may include the parents or siblings.
- Anyone financially dependent on the deceased.
If your loved one is killed in a truck accident, reach out to our firm. Our San Jose truck accident lawyers will discuss what options you can take.
What Are The Truck Restrictions In California?
In California, trucking companies and their drivers are required to comply with laws governing the safety of commercial trucks.
What Are The Weight Limits On Trucks?
California sets strict weight limits to enhance road safety. According to the vehicle code, trucks are not allowed to weigh more than 80,000 pounds. These rules also prevent road damage, particularly to vulnerable structures such as overpasses and bridges. They protect infrastructure by ensuring that vehicles don’t exceed the structural limits of the roads.
Additionally, these limits are crucial for the safety of the vehicle. Heavier trucks are harder to stop, more challenging to control on downhill roads, and less agile than cars.
However, carriers sometimes need to transport cargo that exceeds state weight limits. In such cases, they can obtain permits for oversize or overweight loads. These limited-use permits allow trucks to transport larger items, such as wind turbine blades or pre-manufactured homes.
However, trucks carrying oversized loads usually require an escort and are restricted to certain driving times. In Los Angeles, for example, drivers are prohibited from using the roads from 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. on weekdays to avoid peak traffic hours. They are also not permitted to drive at night.
When companies and drivers violate these rules, they increase the risk of accidents. Our San Jose truck accident lawyers can use their negligence to identify whether they’re responsible for causing injuries and damages.
What Are The Hours Of Service Rules For Commercial Truck Drivers?
The FMCSA is primarily responsible for setting trucking regulations in the United States. Meanwhile, Caltrans makes California-specific rules.
In general, property-carrying truck drivers must adhere to the following rules and regulations regarding hours of service:
- A driving limit of 11 hours after a 10-hour off-duty period.
- A limit of 14 on-duty hours after a 10-hour off-duty period.
- A 30-minute rest period after driving for 8 hours consecutively.
- A 10-hour off-duty period, which can be split into two:
- One off-duty period of at least two hours, and.
- One sleeper berth break of at least seven consecutive hours.
Following these HOS regulations is important for reducing driver fatigue, which is a significant factor in many accidents that our San Jose truck accident lawyers have handled.
What Are The Laws That Govern Cargo Loading?
Regulations also ensure that cargo is properly loaded and secured. When shippers fail to adhere to these rules, they jeopardize the integrity of the vehicle and the safety of everyone on the road.
Properly securing cargo involves more than just preventing items from falling off the truck. It also plays a critical role in the overall maneuverability of the vehicle.
For example, if the weight is not distributed evenly, it creates an imbalance that could affect braking and steering. These issues make the truck more difficult to control, especially in curves, turns, or adverse weather conditions.
These regulations for the trucking industry aim to protect motorists on our roads, including truck drivers. Companies must properly train their employees and enforce safety measures to ensure compliance with state and federal laws. If they neglect this duty, our San Jose truck accident lawyers can help establish their liability for a resulting accident.
What To Do After A Truck Collision Injures You
A truck accident can leave you overwhelmed, but try to remain as calm and focused as possible. The steps below are general recommendations meant to help you protect your well-being and document what happened. These are only suggestions and not intended as legal advice, as every situation is unique. For instance, you can:
- Move to a safe location if possible to prevent further collisions or injuries.
- Call 911 to report the accident. Police will be dispatched to the scene to gather evidence and collect statements.
- Request medical attention from the EMTs, even if you believe your injuries are minor.
- Take pictures and videos of your injuries and the accident scene. Write down the details you can remember so you don’t forget them later.
- Exchange information with the other drivers and individuals involved in the truck accident.
- Talk to any witnesses at the scene and request their contact information. You may need to contact them later and request that they provide testimony or testify in court.
- Request a copy of the police report, or ask where you can get a copy later.
- Go to the hospital and seek medical attention as soon as possible. If you don’t get treatment right away, you might not be able to detect serious injuries that could become fatal over time. Furthermore, this will make it harder to prove that the accident caused the injury once you decide to file a claim.
- Call Arash Law’s San Jose truck accident lawyers for a free case evaluation. Legal guidance can be helpful when you want to pursue compensation. We will also discuss how to file a truck accident claim that aims to compensate you for all your losses.
You do not have to deal with the repercussions of a collision with a commercial truck on your own. Depending on your circumstances, you may have the right to seek financial recovery for the losses you have incurred. We can help you pursue the amount you may be entitled to.
Analysis Of Truck Crash Statistics
Large commercial trucks are crucial to the U.S. economy, as they transport massive quantities of goods across state lines. However, the importance of this industry has a drawback: it puts millions of drivers at serious risk. The National Highway Traffic Safety Administration reports that from 2017 to 2018, there was an increase in the number of fatal incidents involving large vehicles. Incidents involving these trucks resulted in around 100,000 injuries and 5,000 fatalities in 2018.
Between 2010 and 2020, intercity buses were involved in 11 percent of all fatal bus crashes, while school and transit buses were involved in 38 percent and 35 percent, respectively.
In 2021, the number of fatalities in large truck crashes increased to 5,788. The number of injured individuals also went up to 155,000. Meanwhile, California had the second-highest rate of fatal crashes involving large trucks. There were 379 cases, leading to 437 deaths.
A person who sustains injuries in an accident caused by a big commercial truck may be entitled to seek compensation. However, pursuing a claim against the liable party may be challenging because they may attempt to avoid liability. You can retain skilled and experienced San Jose attorneys who handle complex and contentious truck accident cases.
Frequently Asked Questions About Truck Accidents
How Soon Do I Have To File A Personal Injury Claim After A Truck Accident?
How Long Do I Have To File A Truck Accident Injury Claim In San Jose?
In California, you generally only have two years to file a personal injury claim. San Jose follows the same deadline. If you go beyond the allowed timeframe, you lose your right to pursue compensation in court. However, there are some exemptions and extensions that might apply to your case. Consult with truck accident attorneys in San Jose to learn more about your deadlines.
Should I Accept A Settlement Offer From The Trucking Company's Insurance Carrier?
Trucking companies carry large insurance policies because truck accidents are expensive, but that doesn’t mean that insurance companies automatically pay large claims or verdicts. To protect their client’s interests, they may try to avoid a large payout by offering a quick settlement soon after the accident. These offers are typically enough to entice you to accept and waive your right to sue, but they may not reflect the full value of your claim. Consider consulting an attorney before deciding to settle. Qualified truck accident lawyers can help you decide whether to accept an offer or negotiate a higher amount.
Can I Still File A Damages Claim If I'm Partially At Fault?
Victims can still pursue compensation even if they’re partly to blame for their injuries and damages. In personal injury claims, including those involving truck accidents, California follows the principle of pure comparative negligence. This concept of shared liability takes into account the extent to which each party contributed to the incident and punishes them accordingly. If you’re partly at fault for the accident, your compensation will be reduced by the percentage of your fault.
For instance, if you are determined to be 25% at fault for the accident, your award will be lowered by 25%. A qualified truck accident lawyer can help you seek compensation, even if you are partially liable. They can also help you address arguments that you bear more responsibility than you really do.
What If I Can't Afford The Fees For San Jose Truck Accident Attorneys?
Look for truck accident lawyers who take payments on a “no-win, no-fee” arrangement, like at Arash Law. The majority of the cases we handle are on a contingency fee basis. This means there is no upfront attorney’s fee for clients who have us represent them in a truck accident lawsuit. We only get paid if we successfully recover compensation for them, taking a predetermined percentage as our fee. If we don’t win their case, they don’t pay us attorney’s fees. Please note that clients may be responsible for certain other case-related costs regardless of the outcome.
How Much Does It Cost To Hire A Truck Accident Lawyer?
The actual fee will be discussed during your onboarding process; however, it typically depends on the complexity of your case. Some factors that could influence the cost of hiring a truck accident lawyer include:
- The amount of case preparation needed.
- The availability of relevant evidence.
- The number of defendants involved.
- Whether the case goes to trial.
Speak to our truck accident lawyers today to learn more about our payment structure.
Do I Have To Go To Court For A Truck Crash?
You don’t necessarily have to go to trial to pursue compensation for a truck accident. Most personal injury cases settle out of court. However, if the insurance company cannot agree to a settlement during negotiations, we can proceed to trial to continue seeking damages. The decision is ultimately yours, but our attorneys will discuss all options with you and support whichever path you choose. If you decide to go to court, our litigation attorneys will work to pursue a favorable verdict.
What Is The Average Semi-Truck Accident Settlement Amount?
There is no average amount for semi-truck accident settlements. They vary widely. The compensation you can pursue in a claim depends on factors like the nature of the accident, the severity of your injuries, the extent of your losses, and the maximum policy limits.
Contact our truck accident lawyers in San Jose today if you want to know how much your claim might be worth. Our attorneys can calculate an estimate that considers all your losses, including medical expenses, lost wages, reduced earning potential, and emotional distress.
Do You Need A Truck Accident Lawyer To File A Claim In California?
There’s no law requiring you to get a lawyer for a claim, but doing so can be helpful if you’re not familiar with the process of pursuing compensation. For example, many victims may not be prepared to negotiate with trucking companies and large corporations on their own. The validity and outcome of a claim hinge on several factors, including knowing the applicable laws, determining liability, proving negligence, and more. The average Joe might not know where or how to start, but it’s just routine for the lawyer.
With a qualified truck accident attorney, you can get experienced assistance with your case. You may be more likely to explore all available avenues for compensation compared to if you were to file on your own.
What Is The Most Common Injury For Truck Drivers?
Neck injuries and whiplash are the most frequently reported injuries among truck drivers involved in accidents. However, the data we currently have does not accurately represent the number of drivers suffering from whiplash. Some cases go unreported due to the injury’s often subtle symptoms, which can also take time to appear.
This situation is concerning, as this neck injury can have long-term health implications. Our truck accident lawyers have represented victims who suffered from chronic pain and nerve damage due to whiplash.
What Trucking Company Has The Highest Percentage Of Accidents?
According to data from the FMCSA’s Safety Measurement System (SMS), FedEx and UPS typically have the highest number of truck accidents among U.S. delivery companies. However, many other companies have high rates of collisions involving their fleet. For example, our truck accident lawyers in San Jose also handle cases involving Amazon and their drivers.
What Trucks Have The Most Accidents?
Deadly truck crashes usually involve Class 8 vehicles, which have a weight rating of over 33,000 lb. Around 3,123 of them were involved, representing 64.5% of the total number of large trucks involved in fatal accidents in 2020.
The data further reveals that the majority of traffic crashes involved “collisions with vehicles in transport” as the most harmful event, accounting for 73.3% of fatal accidents, 80.9% of injury crashes, and 73.6% of property damage-only incidents.
What Was The Worst Truck Accident In History?
Some of the worst truck accidents in the United States have occurred right here in California. Here are a few of them:
- Interstate 5, Coalinga (November 29, 1991) — This catastrophic accident is one of the worst truck accidents in California, involving 93 cars and 11 semi-trailers. Due to drought conditions, a blinding dust storm engulfed the highway just as Thanksgiving traffic was at its peak. The reduced visibility led to a massive pileup that claimed 14 lives and injured over 100 individuals.
- Highway 99, Fresno (November 3, 2007) — A dense fog heavily reduced visibility on the highway, causing a major collision early in the morning. Over 100 cars and trucks were involved, resulting in two fatalities and 36 injuries.
- Interstate 10, Los Angeles (November 3, 2002) — A semi crashed into the concrete divider, triggering a chain reaction across both sides of the highway. While 41 individuals were injured, no fatalities occurred in the pile-up involving more than 200 vehicles.
Our San Jose truck accident lawyers frequently handle cases resulting in serious injuries and fatalities. Nevertheless, we are always here to help, regardless of the type and severity of the accident.
Why Are Truck Accidents So Serious?
One of the primary reasons truck accidents tend to be particularly devastating is the significant disparity in size and weight between commercial trucks and passenger vehicles. Commercial trucks can weigh up to 80,000 pounds when fully loaded, which is about 20 times the weight of an average passenger car.
Due to their massive weight, trucks have significantly greater momentum, which means they require longer distances and times to come to a stop. When they collide with a car, the force of impact is not only greater but also more concentrated on the smaller vehicle, often causing catastrophic damage and serious injuries to its occupants.
Additionally, the higher center of gravity in trucks increases the risk of rollovers, and the long stopping distances can lead to multi-vehicle pile-ups in high-traffic situations. These factors make truck accidents not only more severe but also more likely to result in fatal or life-threatening injuries compared to accidents involving only passenger vehicles.
Can Trucks Pass In The Left Lane?
Some states allow trucks to use the left lane when overtaking slower vehicles. In California, however, they are not allowed to use these lanes under any circumstances. They must adhere to the state-mandated maximum speed limit of 55 miles per hour on highways. Trucks are required to use a designated, second-to-right, or right lane when passing another vehicle.
Consult Our Truck Accident Lawyers In San Jose
As a full-service personal injury law firm, we handle cases involving truck accidents, traffic collisions, medical negligence, product liability, and more.
When you hire us, our truck accident attorneys in San Jose will start working to build your claim. We will advocate for the compensation you may be entitled to under California law. Our lawyers are aware that truck accident claims have specific deadlines, so we will work diligently to avoid unnecessary delays throughout the claims process.
If you would like to speak with our team about scheduling a free initial consultation, please call (888) 488-1391. You can also contact our San Jose truck accident lawyers by completing our “Do I Have A Case?” form.
Our truck accident attorneys also handle car accident cases involving DUI, Uber, Lyft, and hit-and-run. We also assist clients who sustain injuries from workplace accidents, slip-and-fall incidents, dog bites, pedestrian accidents, and more.
We represent clients throughout California, including San Jose and its surrounding areas, such as San Francisco, Oakland, Stockton, Modesto, Santa Clara, Newark, Redwood City, Berkeley, Fremont, Los Gatos, Palo Alto, and Saratoga, as well as the rest of the state.
Latest Traffic Reports in California
