San Jose Truck Accident Lawyers
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Experienced San Jose Truck Accident Lawyers Who Are Fighting For The Average Joe
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 significant compensation if a truck accident has injured you or a loved one. Contact our San Jose truck accident attorneys right away. Arash Law, headed by Arash Khorsandi, Esq., is dedicated to holding irresponsible trucking businesses and drivers liable 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 focus on cases involving truck collisions and other types of accidents, including car crashes, boating accidents, product liability, and other personal injury claims.
We have a strong track record of winning over $500 Million in compensation for our clients. This success is built on our extensive experience in personal injury litigation. If you hire us, we will never give up seeking the justice and restitution you deserve.
Why Should You Hire 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 protect your rights and pursue the compensation you deserve.
When you hire our attorneys, you can expect the following:
- Personalized approach and tailored legal strategy
- Thorough investigation
- Compassionate support and attention to your needs
- Transparent and regular communication about your case
At our personal injury law firm, we put our clients first. 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 Recover Maximum Compensation
In every case we handle, our lawyers always strive for the highest possible settlement for victims. We meticulously scrutinize every aspect of the case to identify all possible avenues of compensation. Here’s how we maximize the amount you’re entitled to:
Gather Crucial Evidence
Personal injury cases involving truck accidents are especially complex. Crash scenes often have large debris fields with scattered evidence. However, our meticulous legal team is highly skilled at finding critical details to build a strong case for you. We move swiftly to gather and process information.
Our San Jose truck accident lawyers know how to conduct a rigorous 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 valuable insights that can strengthen your claim.
Identify Liable Parties
Truck accidents can be complicated by the possible involvement of trucking companies, contractors, and manufacturers.
Our expert lawyers are well-versed in California laws governing personal injury, the truck industry, and traffic accidents. We will use our knowledge to determine who’s responsible for the accident and ensure they are held accountable for compensating you. We are committed to pursuing the highest possible compensation to cover the full extent of your injuries and losses.
Negotiate With Insurance Companies
Our attorneys will handle all the communications and negotiations with the other parties on your behalf. This way, we can protect you better from the insurance companies’ tactics. If they get ahold of you, they will try to get any information they can to weaken your claim. Their representatives might also manipulate you into taking the blame, even if you weren’t at fault.
Furthermore, our San Jose truck accident lawyers are highly skilled and experienced negotiators. We will counter any lowball offers and consistently advocate for the amount you rightfully deserve.
Prove Your Case
Establishing the negligence of the other party is a prerequisite for obtaining compensation. In essence, our truck accident attorneys must 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, your claim will become invalid. You’ll need the truck accident lawyers San Jose turns to for justice. We will prove these elements to obtain compensation on your behalf.
Represent You In Court
We can take your case to trial if a fair settlement can’t be reached. Our seasoned attorneys are some of the best litigators in the state. We have won millions of dollars for our clients by presenting solid cases in front of a judge and jury. We will advocate for your rights fearlessly in any 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 called 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 add 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 types, 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 will craft a personalized legal strategy based on the type of vehicle, the industry, and the parties involved.
Different Types Of Truck Accidents You Should Know
- 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 – Rollovers commonly happen on steep hills or drops, and their primary causes include speeding and inappropriate 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 result in runaway truck accidents, which typically 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 over 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 to determine 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 accountable for the injuries victims suffer. You’ll need to gather evidence and information connecting one or more people to the incident and its consequences. Therefore, you should always seek the advice of knowledgeable truck accident lawyers in San Jose before attempting 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 in an accident, believing the other driver is to blame would be reasonable. However, the owners of commercial vehicles are often companies, not the drivers themselves. Under California law, business owners bear some responsibility for the actions of their employees.
Their insurance provider might be accountable for compensating you in the event of an accident with their driver. This calls for your San Jose truck accident attorneys to decide whether suing the company for damages is the best course of action.
Trucking businesses are in charge of their drivers and the trucks they drive. For this reason, they must hire and train licensed drivers. Failing to screen their drivers properly will open them to liability if an unlicensed or untrained driver causes an accident.
Trucking businesses must also follow the laws and regulations set 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 hold the truck’s manufacturer accountable in some circumstances. If a design or manufacturing error resulted in your injury, you may be able to get 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 might be brought on 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 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
Today, big rig truck accidents are so common in large part because truck drivers frequently 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 how long 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 a collision.
In these cases, our San Jose truck accident lawyers will find evidence of how the trucking company violated the law. We will also investigate further to see if they committed other violations, which will help us build a stronger 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 often rush to meet strict deadlines. By doing so, they ignore the fact that 18-wheelers and semi-trucks are especially dangerous 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 them.
Distracted Drivers
Truck drivers are frequently required to take long trips. As a result, they can get bored quickly, especially on long highway stretches and at night. They are prone to having their attention diverted from the road by getting preoccupied with other things, like their phones. Driving while texting or talking on the phone is already risky. 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 determining how the trucker could have become distracted. We will 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
Some drivers are too emotional and impulsive to operate a big rig vehicle. When another driver overtakes them, they become aggressive and attempt to do the same. Per the experience of our truck accident attorneys, this usually ends horribly and is never a reasonable choice.
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 hold them accountable.
Lack Of Road Familiarity
It is the truck driver’s job to know where he is going and which routes he plans 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 turned into a too-narrow, crooked, or rocky path. 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 journey, truck drivers must ensure that the brakes, tires, and systems are in 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 in charge of maintaining their fleet. If the truck is not maintained properly, mechanical failures, such as engine malfunctions or steering issues, can cause 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 these situations, the organization or department in charge of 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 brought on by careless design or a lack of 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 must consult with truck accident lawyers to learn how to proceed with your claim. - Weather Conditions
Trucks, like conventional cars, have a tough time driving in hazardous weather conditions like 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 them less likely to successfully navigate these dangerous conditions without causing any accidents.
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, and our truck accident lawyers support this initiative. 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 are recoverable in a claim. As long as you sustained damages in an accident caused by the negligence of others, you have the right to obtain compensation. Talk to our San Jose truck accident lawyers to know what you’re 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, it’s a big mistake to accept any offer without discussing it first with a truck accident lawyer.
Insurers are known for lowballing claimants, especially those without legal representation. They’re taking advantage of the fact that you might not know how much you’re actually entitled to. Furthermore, they will try to force you into accepting right away, insisting that you won’t get anything higher and that they’re already doing you a favor.
However, insurance companies frequently use these strategies to reduce both their liability and their payout. Remember that you forfeit your right to further legal action once you accept an offer. Even if you require more money for an injury that turned out to be much worse than you thought, you can’t file another claim for compensation.
What you need is a legal team that can advise you on the right steps to take. After an accident, consult our truck accident lawyers right away. Our attorneys can give you a more accurate estimate of your claim 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 are money-related issues like hospital bills and missed paychecks. In contrast, non-economic damages are harder to quantify, as this includes the pain or emotional stress experienced. Together, they show the impact of what victims go through after such accidents, and our truck accident lawyers in San Jose can help recover them.
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 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 no longer can, such as childcare and housekeeping
Non-Economic Damages
The subjective ways the crash has altered your life are known as non-economic damages. Insurance providers could make an effort to downplay or even reject these damages. However, our San Jose truck accident attorneys will aggressively pursue the amount you deserve 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 can still pursue compensation. In general, our truck accident attorneys specializing in wrongful death claims can help them recover 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 from deceased children
If none of the above is 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 right away. 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 drivers must adhere to 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 should not weigh over 80,000 pounds. These rules also prevent road damage, especially to vulnerable structures like 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, they cannot drive on 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 hold them accountable for 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
- A limit of 14 on-duty hours after a 10-hour off-duty
- 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 2 hours, and
- One sleeper berth break of at least 7 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 strict adherence to state and federal laws. If they neglect this duty, our San Jose truck accident lawyers can hold them responsible for a resulting accident.
What To Do After A Truck Collision Injures You
A truck accident victim may face extreme stress recovering from the crash, but they must remain calm. The steps you take following a collision can help you receive the best possible outcome in a truck accident claim. After a transportation collision, you must:
- 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 ask them to 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 advice is valuable when you want to pursue fair compensation. We will also discuss how to file a truck accident claim that compensates you for all your losses.
You do not have to deal with the repercussions of a collision with a commercial truck on your own. You have the right to seek financial recovery to cover the losses you have incurred. We will fight for you to ensure you receive the amount you are entitled to.
Analysis Of Truck Crash Statistics
Big commercial trucks are essential to the U.S. economy because they move enormous quantities of products 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.
From 2010 to 2020, intercity buses accounted for 11 percent of all fatal bus crashes, while school and transit buses accounted for 38 percent and 35 percent, respectively.
In 2021, 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 compensation. However, a claim against the liable party may be difficult to pursue because they may try to avoid blame and minimize costs. Because of this, it’s essential to retain skilled and reputable San Jose attorneys specializing in truck accidents due to these complex and contentious cases.
Frequently Asked Questions About Truck Accidents
How Soon Do I Have To File A Personal Injury Claim After A Truck Accident?
Ideally, you should pursue a claim immediately after your truck accident. This way, your attorney has enough time to evaluate and investigate your case thoroughly. Negotiations can be lengthy, so any delay extends the time it takes to receive compensation. You need to consult with a San Jose truck accident lawyer sooner rather than later, especially since there are deadlines to keep in mind.
How Long Do I Have To File A Truck Accident Injury Claim In San Jose?
In California, you 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 claim compensation. 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 are eager to pay large claims or verdicts. When they know their policyholder is at fault, they might 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 often don’t provide the total compensation you deserve. You should not accept a settlement without consulting with an attorney. Qualified truck accident lawyers can often negotiate a higher amount for you.
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 how much 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 maximize your compensation, even if you are partially liable. They can also protect you from accusations that you bear more responsibility than you really do.
What If I Can't Afford The Fees For San Jose Truck Accident Attorneys?
You shouldn’t have to struggle to afford quality legal services to pursue your rights. Look for truck accident lawyers who take payments on a “no-win, no-fee” arrangement, like in Arash Law. The majority of the cases we handle are on a contingency fee basis. This means there is no upfront fee if you decide to hire us to represent you in a truck accident lawsuit. We only get paid once we successfully recover compensation for you, taking a predetermined percentage as our fee. If we don’t win, you don’t pay us.
How Much Does It Cost To Hire A Truck Accident Lawyer?
The actual fee will be discussed during your onboarding process, but usually, it depends on the complexity of your case and the experience of the lawyer. At our law firm, the percentage we take from settlements and awards is usually between 30% and 40%. 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 get compensation for a truck accident. Most personal injury cases settle out of court. However, if the insurance company is uncooperative, we can proceed to trial to get the result we want. The decision is ultimately yours, but our attorneys will discuss all options with you extensively and support whichever path you choose. If you decide to go to court, our litigation attorneys will work diligently to obtain a favorable verdict.
What Is The Average Semi-Truck Accident Settlement Amount?
Semi-truck accident settlements vary widely, ranging from a few thousand dollars to millions. The compensation you can get 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 is worth. Our attorneys have the methods to calculate a value that accurately reflects 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 it’s highly advisable. Many victims are not prepared to go up to trucking companies and large corporations alone. The success of a claim hinges on several factors, including knowing the applicable laws, determining liability, proving negligence, and more. The average Joe won’t know where or how to start, but it’s just routine for the lawyer.
With a qualified truck accident attorney, you increase your chances of winning your case. You’re more likely to secure a higher compensation amount than 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 have currently does not represent an accurate 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 delivery companies in the U.S. However, many other companies have high rates of collisions involving their fleet. For example, our truck accident lawyers in San Jose also handle cases against 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 America happened 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 regularly see cases leading to serious injuries and deaths. 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 much greater momentum, which means they require longer distances and times to 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 mph on highways. Trucks are required to use a designated, second-to-right, or right lane when passing another vehicle.
Consult With The Truck Accident Lawyers San Jose Trusts!
As experts in personal injury law, 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 immediately begin working on your claim. We will fight hard to get you the fair compensation you deserve. Our lawyers know you don’t have much time to spend because truck accident claims have deadlines, so we will be quick yet efficient.
If you would like to speak with our legal team about scheduling a free 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 work on car accident cases involving DUI, Uber, Lyft, and hit-and-runs. We also help clients who sustain injuries from workplace accidents, slip-and-falls, dog bites, pedestrian accidents, and more.
We represent the neighboring areas of San Francisco, Oakland, Stockton, Modesto, Santa Clara, Newark, Redwood, Berkeley, Fremont, Los Gatos, Palo Alto, and Saratoga.
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