San Jose Truck Accident Lawyer

Truck accidents in California pose a significant threat to motorists, cyclists, and pedestrians alike. With vehicles weighing up to 80,000 pounds, commercial trucks can cause catastrophic damage in event of collisions. In 2017 alone, there were approximately 9,710 injuries and 367 fatalities from large truck accidents in the state. The sheer size of these 18-wheelers makes accidents not only severe but also legally complicated.

With that in mind, it is imperative that you hire a talented law firm that can not only process your claim, but get you the justice you deserve. At West Coast Trial Lawyers, our experienced San Jose truck accident attorneys are dedicated to holding negligent parties accountable and securing the fair compensation you deserve. Medical bills, lost wages, and other damages can quickly accumulate, adding stress to an already challenging situation. Led by Harvard-educated Neama Rahmani—one of the youngest graduates in Harvard Law School’s history— we are here to help you navigate your case.

We recognize that trucking companies often have extensive resources and legal teams aimed at minimizing their liability. With our skilled attorneys on your side, you can level the playing field. Our large multilingual staff is available 24/7 and can come to you, ensuring that language barriers and accessibility are never obstacles in seeking justice. We are committed to advocating for your rights and making sure that profit-driven entities do not override your well-being and recovery.

Don’t face this battle alone. Call us anytime at (213) 927-3700 or use our online contact form to speak with our legal team. Let West Coast Trial Lawyers provide the support and expertise you need to move forward.

Common Causes of Truck Accidents in San Jose

Truck accidents can have devastating consequences, and understanding what often leads to these collisions might help you stay safer on the road. In San Jose, several factors frequently contribute to truck accidents.

Driver Fatigue

Truck drivers often work long hours in order to meet tight delivery schedules. As such, spending so much time behind the wheel can lead to exhaustion and a tired driver will have slower reaction times or can possibly even fall asleep. This without a doubt, dramatically increases the risk of an accident to occur and the truck driver can be held liable for their actions.

Distracted Driving

Distractions are a common issue for all drivers, but when a truck driver takes their eyes off the road—even for a few seconds—the results can be catastrophic. Whether it’s texting, eating, or adjusting the GPS, any distraction can lead to a serious collision.

Speeding and Reckless Driving

Some truck drivers might exceed speed limits to make deadlines. Speeding in a large commercial vehicle reduces the driver’s ability to stop quickly and control the truck, making accidents more likely and more severe.

Poor Vehicle Maintenance

Trucking companies are responsible for keeping their vehicles in good working order. When trucks aren’t properly maintained, things like brake failures or tire blowouts can happen, leading to dangerous situations on the road.

Inadequate Training

Driving a big rig isn’t the same as driving a car. It requires special skills and knowledge. If a driver hasn’t been properly trained, they might not know how to handle the truck safely, especially in challenging conditions.

Overloaded or Improperly Loaded Cargo

If a truck is carrying too much weight or the cargo isn’t secured correctly, it can affect how the truck handles. This might cause the truck to tip over or the cargo to spill onto the road, creating hazards for other drivers.

Driving Under the Influence

While it’s less common, some accidents occur because the truck driver was under the influence of alcohol or drugs. Impaired driving is incredibly dangerous, especially when operating such a large vehicle, and as a result, can yield catastrophic results in the event of an accident.

Bad Weather Conditions

Rain, fog, and high winds can make driving a truck even more challenging. Poor weather reduces visibility and road grip, and if a driver doesn’t adjust their driving accordingly, accidents can happen.

San Jose Truck Accident Statistics

According to the Federal Motor Carrier Safety Administration (FMCSA), California ranks among the top five states with the highest number of fatal truck accidents. In 2020 alone, there were over 300 fatal truck accidents in California, resulting in more than 400 fatalities.

Where in San Jose Are Accidents Frequent?

• High Traffic Volume: San Jose’s busy highways—like Interstate 280, U.S. Route 101, and Interstate 680—experience heavy commercial truck traffic due to the city’s economic activity.
• Severity of Accidents: Collisions involving large trucks often result in more severe injuries and fatalities compared to accidents involving smaller vehicles.

Data from the California Highway Patrol reveals that in 2020, there were over 100 truck accidents in San Jose, leading to more than 150 injuries and 10 fatalities. These statistics highlight the significant risk that truck accidents pose to the community and underscore the importance of taking preventive measures and seeking legal assistance when accidents occur.

Who May Be at Fault in a San Jose Truck Crash?

When you’ve been injured in a truck accident in San Jose, determining who is at fault is critical for pursuing a successful truck accident claim. Fault in these cases can be complicated due to the involvement of various parties, from the truck driver to the trucking company and even the vehicle manufacturer. As experienced San Jose truck accident lawyers, we understand how to thoroughly investigate these complex cases to ensure truck accident victims receive the compensation they deserve.

The Truck Driver

Truck drivers can be held liable for accidents if they engage in reckless or negligent behavior. This could include distracted driving, fatigue from ignoring hours-of-service regulations, speeding, or driving under the influence. Establishing fault often involves examining driver logs, witness statements, and any available camera footage.

The Trucking Company/Employer

Trucking companies have a responsibility to ensure that their drivers are well-trained and that their vehicles are maintained properly. They may be liable if they push drivers to exceed legal driving hours, neglect vehicle maintenance, or fail to adhere to federal safety regulations. Evidence like maintenance records and communication between the company and driver can be critical in proving negligence.

The Truck Manufacturer

If a mechanical failure or defect was the main cause that led to the accident, the truck manufacturer could be held accountable. For example, faulty brakes, tire blowouts, or malfunctioning engine components may indicate a product defect. In these cases, a thorough examination of the truck and expert analysis can help determine if the manufacturer bears responsibility.

The Cargo Loaders or Shipping Company

Improperly loaded cargo can make a truck unstable or difficult to control, leading to accidents. If the shipping company or cargo loaders failed to secure the load correctly, they might share liability. This is particularly relevant in cases involving hazardous materials or loads that shift during transit.

Other Potentially Liable Parties

Sometimes, third-party contractors responsible for truck maintenance or the party responsible for road conditions, such as a government entity, could be held liable. Liability in trucking accidents is often multi-faceted, requiring a comprehensive investigation to identify all parties who may have contributed to the incident.

How Various Trucks Can Lead to Serious Accidents

Unfortunately, there are many ways big rigs or 18 wheeler trucks can cause a devastating accident. Commercial trucks, depending on the type and cargo they are carrying, can be dangerous when combined with factors like fatigued drivers, over-packed cargo, or unsecured items. Here’s a look at the types of accidents different commercial trucks can cause and how they can impact truck accident claims:

Tractor-Trailers

Commonly known as big rigs or semis, these commercial trucks are designed for long-distance hauls. Due to their massive size and extensive blind spots, they are often involved in accidents where a smaller car goes unseen or when the truck overturns due to a high center of gravity. A truck accident attorney can help victims of these crashes hold the responsible parties accountable.

Tankers

Tanker trucks are used to haul liquids and gases, many of which are hazardous. Their shape makes them susceptible to rollovers, and any rupture can lead to catastrophic consequences, such as toxic chemical exposure or explosions. Cases involving tanker accidents can be highly complex, requiring truck accident attorneys to investigate thoroughly.

Flatbeds

These trucks have long, open trailers that are easy to load and unload. However, because they are open, accidents can occur if cargo isn’t properly secured and becomes dislodged on the road. When a trucking company fails to ensure that cargo is secure, it can create a dangerous situation, and a truck accident attorney may need to file a claim against the company for negligence.

Tow Trucks

Tow trucks, which can weigh over 10,000 pounds, are frequently operated by private companies. These vehicles are not always driven by well-trained drivers, leading to accidents caused by negligence. If a tow truck accident occurs due to an untrained or careless driver, victims may be able to pursue a truck accident claim against the trucking company or negligent employer.

What Are Common San Jose Truck Incident Injuries?

Being involved in a truck accident in San Jose can be a life-changing experience. The sheer size and weight of commercial trucks mean that collisions often result in serious injuries. Knowing the common types of injuries can help you recognize the importance of seeking immediate medical care and legal assistance.

Head and Brain Injuries

Traumatic brain injuries (TBIs) are some of the most common injuries found in truck accidents due to the amount of force that occurs. As traumatic brain injuries occur when a significant amount of force rattles the brain inside the skull, there are many different types of injuries and conditions that can drastically impact your cognitive and physical functions. Even a mild concussion can have lasting effects on your cognitive functions, memory, and emotions. While they vary on a case by case basis, severe brain injuries might require long-term medical care and rehabilitation in order for the victim to fully recover.

Spinal Cord and Back Injuries

The impact of a truck collision can cause significant damage to your spine. Due to the spine’s limited ability to absorb impact, a significant amount of force can damage the spinal column and the nerves surrounding the spine and result in conditions such as herniated discs, fractures, or even paralysis. Back injuries often result in chronic pain and can drastically affect your mobility and quality of life and depending on the severity of the injury, it can be life long and the means to treat it can be very costly. In such scenarios, it is imperative that you hire a personal injury attorney to represent your best interests.

Fractures and Internal Injuries

Not all injuries are immediately visible, while you may appear to be fine, the chances of sustaining an internal injury or fracture is very likely depending on the nature of the crash. Fractures are very common in high-impact traffic accidents and whether a victim has broken their arms, legs, ribs, or hips, recovery can become a very lengthy process. In fact, there is a possibility that a fracture can lead to internal bleeding and damage organs like the liver, spleen, or kidneys, all of which can be life-threatening if not promptly addressed. With that in mind, if you have been involved in a truck accident, it is always recommended to seek medical attention even if you feel fine and healthy.

Emotional and Psychological Trauma

The impact of a truck accident isn’t just physical, but it can be psychological. Experiencing a sudden accident can leave many people emotional shaken and nervous and depending on their psychological state, it can easily manifest into different forms of emotional and psychological conditions. For example, many people after truck accidents tend to experience emotional distress, anxiety, depression, or post-traumatic stress disorder (PTSD) following such a traumatic event. While it will always vary from person-to-person, it is recommended to seek professional help.

Timeline to File a Personal Injury Claim After A Truck Incident?

In California, people injured in an accident can pursue legal action within two years of their injury date as per section 335.1 of California’s code of Civil Procedure. If you choose to file your suit after the two year mark, the judge won’t hear your complaint and will dismiss your case in court. As truck accident claims tend to take some time to file accordingly, your lawyer will need a little time to gather evidence and prepare, so it is important that you file your personal injury claim as soon as possible.

What Should I Do After a Truck Accident?

Being caught in a truck accident is a traumatic experience, and it’s normal to feel shaken or unsure about what to do next. Here are some steps to help you navigate this difficult time:

• Check for Injuries and Call 911: Make sure everyone is safe. If there are injuries, get medical help right away.
• Move to Safety: If you can, move vehicles out of traffic to prevent further accidents.
• Call the Police: Even if the accident seems minor, an official report can help your case.
• Exchange Information: Get the truck driver’s name, insurance, and contact info. Note the company name and license plate.
• Take Photos: Document vehicle damage, road conditions, and anything else that could be important.
• Get Witness Info: If there are witnesses, ask for their contact details.
• Don’t Admit Fault: Avoid discussing blame. Stick to the facts when speaking to others.
• See a Doctor: Some injuries take time to show. A medical checkup can catch anything you might miss.
• Notify Your Insurance: Let your insurance company know about the accident.
• Reach Out to a Lawyer: Truck accident cases are tough to handle alone. A lawyer can help you understand your options and protect your rights.

Can I Recover Compensation From a San Jose Truck Accident if I Was Partially at Fault?

You might be wondering: if you were partially responsible for a truck accident, can you still seek compensation for your injuries and losses? The answer is yes. In California, you can recover damages even if you share some of the blame.

California operates under a “pure comparative negligence” system. This means that your compensation can be reduced by the percentage of fault assigned to you, but you’re not barred from recovering damages altogether. For example, if you are found to be 20% at fault for the accident and your total damages amount to $100,000, you can still recover $80,000 (which is the total minus your share of fault).

Here’s what this means for you:

• Don’t Assume Fault: It’s important not to jump to conclusions about your level of responsibility. Accidents involving trucks can be complex, and multiple factors could have contributed to what happened.
• Let the Investigation Determine Fault: Liability is determined after a thorough investigation, which includes reviewing police reports, examining evidence, and possibly consulting experts.
• Legal Representation Matters: An experienced San Jose truck accident lawyer can help you navigate the complexities of determining fault and ensure that you receive the maximum compensation possible for your injuries and losses.

What Types of Compensation Can I Receive from a San Jose Truck Accident Claim?

After a truck accident in San Jose, you might be dealing with mounting medical bills, lost wages, and a lot of uncertainty. It’s important to know what kinds of compensation you can pursue to help you recover both financially and emotionally. Here’s a breakdown of what you may be entitled to:

• Medical Expenses: This includes all healthcare costs related to the accident—emergency room visits, hospital stays, surgeries, doctor appointments, medications, physical therapy, and any future medical care you might need.
• Lost Wages: If your injuries have caused you to miss work, you can seek compensation for the income you’ve lost. This also covers any impact on your future earning ability if you’re unable to return to your previous job or work the same hours.
• Pain and Suffering: Beyond the tangible costs, you may be compensated for the physical pain and emotional distress you’ve experienced. This considers how the accident and your injuries have affected your overall quality of life.
• Property Damage: This covers the repair or replacement of your vehicle and any personal belongings that were damaged in the accident.
• Loss of Consortium: If your injuries have affected your relationship with your spouse or family—for example, loss of companionship or support—you might be eligible for additional damages.
• Punitive Damages: In cases where the truck driver or trucking company acted recklessly or with gross negligence, the court might award punitive damages to punish them and deter similar behavior in the future.
• Other Out-of-Pocket Expenses: This can include costs like transportation to medical appointments, hiring help for household tasks you can’t perform due to your injuries, or making necessary modifications to your home.

How Much Does a San Jose Truck Accident Attorney Cost?

Generally speaking, truck accident lawyers can either charge on a hourly rate or a flat fee, but most personal injury lawyers operate on a contingency-based system. This means they would charge no legal fees until they either win your case or receive a settlement offer from opposing counsel. Should they manage to achieve one or the other, they would charge a flat contingency fee that can range anywhere between 25% to 40%, however, most tend to average around 33%. With that in mind, it is recommended to consult with several attorneys about their legal fees and see which one is best suited for your needs. 

Choose WCTL Accident Attorneys for Your San Jose Truck Accident Case

Navigating complex litigation and insurance negotiations can be extremely stressful, especially if you are not familiar with the legal process of filing personal injury claims. At West Coast Trial Lawyers, we are here and ready to take on your case so you can focus on making a full recovery. We’ll be by your side every step of the way, answering your questions and keeping you informed of any major developments in your claim. Our goal is to make you feel supported and confident throughout the entire process and help get you the justice and compensation you deserve.

You don’t have to face this alone. Speak to an experienced truck accident lawyer anytime at (213) 927-3700 or use our online contact form. We’re here to help, and we look forward to standing by your side.