Updated October 4th, 2024
If you’ve been injured due to a collision with a commercial truck, you need the valuable expertise of a San Jose truck accident attorney and their experience in handling truck accident claims. The sheer size of the vehicles often causes life-altering injury to the other driver, and insurance companies fight hard to deny claims of wrongdoing on the part of their semi-truck drivers.
Truck accident cases can be complicated, and not all truck accident lawyers are as experienced in dealing with large trucking corporations and more than one liable party.
To get the best results from your personal injury claim, here are the top 5 qualities to look for in a San Jose truck accident lawyer.
1. Understand Legal Standards for Truck Drivers and Trucking Companies
Semi-trucks, tractor-trailers, and other large commercial vehicles can weigh up to 80,000 pounds. This is over thirteen times more than smaller passenger cars, like an SUV, weighing between 3,000 and 6,000 pounds.
They also have higher centers of gravity, make wider turns, and take longer to stop, making them more dangerous to operate, especially for a novice operator.
That’s why each truck driver is required to have a commercial driver’s license (CDL), which demonstrates that they’ve been trained to operate these vehicles.
A CDL holds the driver to a higher standard of responsibility than a standard driver’s license. It includes stricter standards for impaired driving and legally mandated rest breaks, prohibiting them from driving for too many hours at a time.
However, some drivers may violate these standards to keep up with their trucking company's demands or because they are pressured to secure as many loads as possible.
A San Jose truck accident lawyer who knows the rules can help pinpoint times when a truck driver or trucking company isn’t following them — which can make them liable for your accident.
2. Identify Which Party Is at Fault
Like other motor vehicle accidents, trucking accidents can result from several other factors, but the most common ones often include a reckless driver.
Truck Driver
The truck driver may be liable for an accident if their negligence contributed to the incident. Negligence can include violating traffic laws, industry regulations, or driving recklessly.
Trucking Company
The trucking company may share liability for accidents caused by the driver's negligence. This can involve inadequate hiring practices, insufficient training, poor vehicle maintenance, or pressuring drivers to violate hours-of-service regulations.
Truck Manufacturer or Maintenance Provider
If a mechanical failure or defect caused the accident, the truck parts manufacturer and maintenance providers may be liable. Examples include tire blowouts and brake malfunctions.
Cargo Loaders
Employees with the duty to load cargo on a commercial truck may be liable if improper loading practices or improperly securing the cargo could be found liable for an accident. Overloading or unbalanced cargo can lead to instability and accidents.
Third-Party Contractors
In some cases, third-party contractors involved in truck maintenance, inspections, or other operations may be liable if their negligence contributed to an accident.
Government Entities
Poorly maintained roads, inadequate signage, or other infrastructure issues may increase the risk of accidents. Government entities responsible for road maintenance and safety may be liable in such cases.
Other Motorists
If another driver's negligence or recklessness contributed to the accident, an experienced truck accident attorney can work to hold them accountable for the severe injuries and damages caused.
3. Determine the Root Cause of Truck Accidents
Understanding the circumstances of why truck accidents occur is critical in determining a particular cause of a crash. Whether a careless truck driver or a reckless car driver is at fault, a San Jose truck accident lawyer can prove which motorist is liable. Any of the following can lead to a serious accident involving a large commercial truck.
Driver Fatigue
Federal regulations limit commercial truck drivers to driving for no more than eleven hours at a time. While states may have additional guidelines, failure to comply with these regulations can result in financial liability for both the driver and the trucking company in the event of an accident.
Speeding
Speeding is a significant safety hazard for all drivers, but due to their size and weight, commercial trucks pose an even greater risk. The increased difficulty of stopping quickly can lead to devastating collisions.
Distracted Driving
The long hours required of a commercial truck driver can contribute to distractions, such as using cell phones or other devices while driving. Distracted driving can significantly increase the risk of accidents.
Other Contributing Factors
These accidents are often caused by factors outside the truck driver’s control. Common examples include the following.
Equipment Failure
Trucking companies are responsible for ensuring their fleets are properly maintained. Equipment failures that contribute to accidents can result in liability for the company.
Road Construction
Poorly marked or hazardous construction zones can increase the risk of truck accidents. Negligence by construction companies or government agencies responsible for the work may lead to liability.
Third-Party Driver Negligence
Reckless driving by other motorists can cause accidents involving commercial trucks. For example, a car suddenly cutting in front of a truck may force the driver to take evasive maneuvers, potentially leading to a collision.
Inadequate Driver Training
Truck drivers require specialized training and licensing. Companies that employ unqualified or inexperienced drivers may be liable for accidents resulting from their negligence.
Dangerous Road Conditions
Poorly designed or maintained roads can increase the risk of accidents. Government agencies responsible for road upkeep may be liable for accidents caused by hazardous conditions. These cases can be complex due to specific legal rules governing a truck accident claim against government entities.
4. Obtain Compensation for Sustained Truck Accident Injuries
Working with San Jose truck accident lawyers not only improves the likelihood of recovering maximum compensation for their injuries but also ensures they receive the proper medical care available in Santa Clar County.
Truck accidents are capable of causing catastrophic injuries to victims, but like other motor vehicle accidents, the severity of injuries will vary and may include:
- Spine and Neck Injuries: Severe spinal cord injuries can result in complete or partial paralysis below the injury site.
- Head and Brain Injuries: Head injuries are the most common and dangerous type of injury in truck accidents. They can range from mild concussions to severe brain trauma and often occur in head-on collisions.
- Broken Bones and Fractures: Severe bone injuries are common in truck accidents and can lead to significant medical expenses, lost wages, and pain and suffering.
- Severe Burns: Truck accidents involving flammable cargo or chemicals can result in severe burns, causing extreme pain and disfigurement.
- Fatal Injuries: Many truck accidents result in fatalities or severe, life-threatening injuries. After losing a loved one in a truck accident, surviving family members may be able to file a wrongful death claim to seek compensation.
Compensation Available to Truck Accident Victims
Injured victims may be eligible for compensation to recover from the physical, emotional, and financial consequences of a San Jose trucking accident. Compensation may include the following:
- Medical Expenses: Current and future medical costs associated with injuries
- Lost Income: Compensation for wages lost due to the accident and potential future earning capacity
- Pain and Suffering: Compensation for physical and emotional pain and suffering caused by the accident
- Loss of Consortium: Compensation for the loss of companionship, love, and support from a spouse or partner
- Loss of Enjoyment of Life: Compensation for diminished quality of life due to the accident's impact
- Scarring and Disfigurement: Compensation for visible scars and disfigurement
Other Damages
The types and amounts of compensation available will depend on the specific circumstances of each truck accident case. Therefore, in some cases, the additional damages may be awarded.
Wrongful Death: When a fatal truck accident occurs, a family member may be able to file a wrongful death claim to recover compensation for:
- Funeral and burial costs
- Final medical expenses
- Loss of income
- Loss of companionship and support
Punitive Damages: In certain cases where the at-fault party acted with gross negligence or intentional misconduct, the court may award punitive damages as a form of punishment.
5. Investigate the Hidden Factors That Support the Truck Accident Claim
Determining the cause of a San Jose truck crash often involves examining the trucking company's records and the driver's logs.
Truck drivers are responsible for accurately recording their mileage, rest breaks, and weigh-station check-ins. Falsifying these records can contribute to driver liability in truck accident cases.
Commercial trucks are equipped with event data recorders (EDRs), similar to black boxes in airplanes, which record location, travel direction, and speed. This data can be used to determine if the truck was speeding leading up to the truck crash.
Trucking companies are responsible for hiring and supervising their drivers. Negligent hiring practices, such as employing drivers with a history of DUIs or traffic violations, can contribute to company liability in a truck accident claim.
Your San Jose Truck Accident Lawyer Advocates for You
Filing a truck accident lawsuit is complex. The insurance company will not make it simple to recover fair compensation. You need an experienced truck accident lawyer to help you get the settlement you deserve.
If you’ve been involved in an accident with a semi-truck or other commercial vehicle, don’t try to go it alone. Our legal team at Valley Accident Attorneys can aid in filing a truck accident claim and holding the at-fault party liable.
Trust only the best when you need a San Jose truck accident lawyer. Call us today for a free consultation about your truck accident case.
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