Best Truck Accident Lawyers in San Jose

FAQs

• What is the non-emergency contact number for the local police station in San Jose, California?

  For non-urgent police-related inquiries and general information in San Jose, dial 408-277-8900.

• Where can you get a copy of the police report for the accident in San Jose, California?

  Police reports and records are available via the SJPD Records Unit, which is located at 201 West Mission Street, San Jose, CA 95110.

• Who is at fault in a semi-truck blind spot accident in San Jose?

  Truck drivers are frequently at fault in blind spot accidents, despite efforts to encourage drivers of passenger vehicles to exercise caution while traveling in a trucker's blind spots. Additionally, the truck driver's employer, the trucking company, is also accountable due to a legal doctrine known as vicarious liability, which holds employers responsible for the negligence of their employees. Trucking companies usually have higher insurance policy limits than individual drivers.

• What is the truck accident statute of limitations in San Jose?

  Victims of truck accidents have two years from the incident's initial date to file a personal injury claim. The victim will lose their right to bring a lawsuit for damages against the party at fault if they miss the deadline. California does provide a few exceptions, wherein the victim must be underage, out-of-state, locked up, insane, or incapable under the law.

• What are the most dangerous roads in San Jose?

  Based on data from the National Highway Traffic Safety Administration, the deadliest road in San Jose is I-280 from Meridian Ave. to McLaughlin Ave., with a record of ten fatal accidents and ten fatalities. Other San Jose highways considered dangerous include State Road 138, Interstate 15, Interstate 10, Interstate 80, Interstate 5, Interstate 8, Interstate 40, Mineral King Road, Highway 49, and Highway 70.

• What are the common causes of truck accidents in San Jose?

  In San Jose, the following are common driver-related causes of truck accidents: -Driving while intoxicated or drugged or while under the influence of prescription drugs -Disregarding the company's safety guidelines, widely recognized industry safety standards, and the FMCSA's required hours of service -Fatigue -Running too quickly for the circumstances -Breaking fundamental traffic laws -Faulty judgment -Letting the truck be loaded incorrectly or excessively

• What are the minimum requirements for insurance on commercial trucks in San Jose?

  Trucks operating in California are required by law to carry liability insurance for at least $750,000 since trucks present an inherent risk to drivers on the roads. In addition, attorneys for trucking companies are aggressive in their defense of a personal injury lawsuit involving a catastrophic injury and a truck due to the high stakes involved. Furthermore, it helps protect their clients' financial interests.

• What does a truck accident attorney do?

  A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

• Who can be sued in a truck accident case?

  Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:

  • Equipment owners, including leasing companies
  • Truck drivers who are reckless, intoxicated, or make mistakes
  • Trucking companies accountable for hiring and keeping records
  • Maintenance providers who are negligent or fail to perform routine tasks
  • Loading personnel in accidents caused by shifting loads
  • Third-party drivers, especially in multi-vehicle collisions
  • Equipment manufacturers that sell defective parts

• What do I need to know about truck accident cases in court?

  In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:

  • The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.
  • In negligence claims, the plaintiff must prove that the defendant breached this duty.
  • The plaintiff must show that they suffered damages or experienced harm.
  • Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.

  
  

• What are the common causes of truck accidents?

  Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:

  • Inadequate or improper driver training
  • Severe weather, including rain, sleet, ice, and fog
  • Dangerous roadways, potholes, and construction zones
  • Improper loading, excess weight, and shifting cargo
  • Reckless driving involving intoxication or distractions
  • Faulty equipment, such as failing brakes

  
  

• Can I sue if I was hit by a truck owned by a big company?

  Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:

  • Checking the truck driver’s record
  • Securing phone records to prove distracted driving
  • Photographing skid marks and road conditions
  • Verifying the truck’s weight and maintenance history
  • Establishing the driver’s physical and mental health
  • Reviewing logbooks to identify times of service violations
  • Checking for previous violations to establish a pattern of misconduct

  
  

• How many semi truck accidents are there per year?

  In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

• Can I sue for being hit by a semi truck?

  If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

• What should I do after a truck accident?

  The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

• How long does an 18-wheeler lawsuit take?

  Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

• Do semi truck accidents go to trial?

  Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.