Truck Accident Lawyer in San Jose

Name: Truck Accidents
Brand: The Swanson Law Group
Rating: 4.9 (190 reviews)

Have you been injured in an accident with a commercial truck? If you or someone know needs a truck accident lawyer in San Jose, The Swanson Law Group can help.

Important Tips for Filing a Truck Accident Claim

At The Swanson Law Group, we offer free initial consultations & you don't pay unless we win!

If you’ve been injured in an accident with a commercial truck and would like to file a claim, you can do so by following these steps:

Document the Details of the Accident
Select a Truck Accident Lawyer
Allow Your Legal Team to Investigate
Send Your Personal Injury Lawyer Demand Letter

See Our Case Results Schedule a Free Consultation

Should I hire a lawyer for a truck accident?

At The Swanson Law Group, our truck accident attorneys in San Jose represent those injured in an accident with a semi-truck, big rig, 18-wheeler, or other commercial truck. Our goal is to achieve justice for the injured and help them rebuild their lives by getting their health back and recovering top compensation for their injuries.

Hiring a lawyer after a truck accident is crucial for several reasons:

First and foremost, a skilled attorney understands the complexities of truck accident cases and can navigate the legal process on your behalf.

They will protect your rights and advocate for fair compensation for your injuries, medical expenses, and other damages.
A lawyer will also handle negotiations with insurance companies, ensuring you don't settle for less than you deserve.
Additionally, they have access to a network of medical professionals who can provide the necessary documentation and expert testimony to support your claim.

By hiring a lawyer, you gain peace of mind, knowing that you have a knowledgeable advocate fighting for your best interests.

Driving in and around San Jose involves sharing the roadways with many commercial trucks.

A semi-truck weighs up to 80,000 lbs. when fully loaded and requires a much longer distance to stop, making it far more difficult to control. When a truck driver does not control the vehicle safely, this can lead to serious or fatal injuries to others who were in the wrong place at the wrong time.

Types of truck accidents

When a truck driver is unable to control a vehicle safely, several types of collisions occur, including:

Jackknife truck accidents:

When a truck driver speeds, drives on wet roads, or has an unevenly loaded trailer, the trailer can swing sideways, resulting in the tractor pulling the load being pushed sideways. The vehicle is no longer in control, and the tractor's and trailer's weight continues in motion, sweeping aside any car nearby.

Rollover truck accidents:

A big rig traveling on curved roadways at an unsafe speed can cause the vehicle to become unbalanced and the trailer to tip over. Driver error is the most common cause of a rollover, performing negligent actions such as talking on the phone, alcohol or drug intoxication, fatigue, or failure to operate the vehicle safely.

Rear-end truck accidents:

A driver who is operating a large commercial truck too fast for the road conditions or who is speeding may be unable to bring the vehicle to a stop fast enough to avoid ramming into a passenger car ahead.

Sideswipe truck accidents:

A truck driver may be operating the vehicle unsafely, allowing it to swing into an adjoining lane or changing lanes and impacting a vehicle in another lane, causing a serious or fatal collision.

Underride truck accidents:

When another vehicle slides beneath the body of a truck, the vehicle's cabin can be sheared off or crumpled, crushing the driver and passenger.

Our big rig accident lawyers in San Jose are here to help you in your most trying times.

Common causes of 18-wheeler accidents in California

In California, 18-wheeler accidents are unfortunately all too common, often resulting in devastating consequences for those involved. Here are some of the most frequent causes:

Driver Fatigue

Extensive hours on the road can lead to fatigue, impairing judgment and reaction times. Despite regulations limiting driving hours, some truckers push themselves to meet tight deadlines, putting themselves and others at risk.

Speeding and Reckless Driving

Pressure to deliver goods on time may tempt truck drivers to exceed the speed limit and engage in reckless driving behaviors. Speeding increases the likelihood of accidents, especially on California's busy highways and congested urban roads.

Distracted Driving

Common distractions such as using cell phones, eating, or adjusting GPS devices can divert a truck driver's attention from the road, increasing the risk of accidents. Even a brief lapse in focus can have catastrophic consequences when operating a vehicle as large and powerful as an 18-wheeler.

Improper Loading

Poorly loaded cargo can cause trucks to become unstable, leading to rollovers, jackknife accidents, or spilled cargo on the roadway. Failure to secure cargo properly can also result in debris falling onto the road, posing hazards to other motorists.

Mechanical Failures

Neglected maintenance or mechanical defects in trucks can contribute to accidents. Brake failures, tire blowouts, and steering malfunctions are hazardous when they occur at high speeds on California's busy highways.

Inexperienced or Inadequately Trained Drivers

Trucking companies may hire inexperienced or inadequately trained drivers to meet demand, increasing the likelihood of accidents. Simply put, lack of experience can lead to poor decision-making and an overall inability to handle challenging driving situations.

By understanding these common causes of 18-wheeler accidents, motorists can better anticipate potential risks on the road. The Swanson Law Group's experienced team of truck accident attorneys in San Jose is here to help you navigate the complexities of your case and pursue the compensation you deserve.

What Causes a Commercial Truck to Jackknife?

The FMCSA (Federal Motor Carrier Safety Administration) reports the number of truck accidents each year. In the most recently reported year, a staggering 4,587 fatal truck crashes with 5,039 deaths occurred in the USA. Many of these crashes involved a jackknifed truck. The causes of these terrible accidents include:

An unevenly loaded truck: Truck cargo must be balanced correctly. When a truck has been loaded incorrectly, it may cause the trailer to swing from side to side, resulting in a jackknife.
Speeding: A driver exceeding a safe speed around a turn may lose control, causing the truck to jackknife.
A distracted driver: A driver who is busy texting, talking on the phone, or involved in another distraction may fail to notice that traffic ahead has come to a stop. The driver suddenly brakes, throwing the vehicle out of control and causing a jackknife.

A tired driver: To earn a living, truck drivers are under great pressure to deliver their loads on time. A tired driver often makes bad decisions due to lack of sleep, which can lead to negligent driving and a jackknife.
Alcohol or drug intoxication: A truck driver that has consumed alcohol or taken drugs (whether legally prescribed or not) can make a deadly error, causing a jackknife.
Faulty brakes: If the brakes on a commercial truck are faulty, the driver is unable to bring it to a stop when needed and may swerve to avoid a collision, leading to a jackknife accident.
Lack of experience: The trucking industry is in trouble, and drivers are badly needed. Drivers with less experience are now behind the wheel of commercial trucks, and the lack of driving experience can lead to errors in judgment and a jackknifed truck.

Types of trucks and the accidents they can cause

Trucks come in various types, each with its own unique characteristics and potential for causing accidents. Semi-trucks, also known as tractor-trailers or 18-wheelers, are the most common type and often involved in accidents due to their size and weight. These accidents can include jackknife incidents, where the trailer swings out of control, and rollovers, particularly on curved roads or when carrying unbalanced loads. Delivery trucks, such as box trucks or vans, are prevalent in urban areas and can cause accidents like rear-end collisions or sideswipes when navigating tight spaces or making deliveries. Dump trucks and construction vehicles are prone to accidents such as rollovers or collisions with other vehicles or pedestrians due to their large size and limited visibility. Tanker trucks carrying liquids or gases pose a risk of spills or explosions in accidents, leading to environmental hazards and severe injuries. Tow trucks involved in recovering vehicles from accidents can also cause secondary accidents if not properly positioned or marked. Understanding the types of trucks on the road and the accidents they can cause is essential for promoting safety and preventing collisions.

Common truck accident injuries

Truck accidents can often cause severe injuries. These include traumatic injuries (TBIs) caused by the force of impact, spinal cord injuries leading to paralysis or nerve damage, and fractures or broken bones from the sheer force of the collision. Similarly, soft tissue injuries such as whiplash are also prevalent, often causing chronic pain and discomfort. Additionally, internal injuries like organ damage or internal bleeding may occur, especially in high-impact collisions. Burn injuries can result from fires or explosions, particularly in accidents involving hazardous materials. Survivors of truck accidents may also have to contend with post-traumatic stress disorder (PTSD). We recommend seeking immediate medical attention after a truck accident to address these injuries and begin the recovery process.

What to do after a truck accident

After a truck accident, prioritize safety and call emergency services. Gather essential information like driver details and take photos of the scene. Avoid discussing fault and seek medical attention promptly. Consider contacting a truck accident attorney to protect your rights and navigate the legal process. Keep copies of all relevant documents for your case. If you need legal assistance, The Swanson Law Group is here to help.

Who is liable?

Filing a compensation claim requires identifying all liable parties. In a truck accident, multiple parties may be liable, including:

The truck driver: A negligent driver who has failed to operate the vehicle safely, exceeded speed limits, or made a serious error in judgment could be named in a claim or lawsuit.
The trucking firm: The trucking firm that owns the vehicle and employs the driver may be held responsible due to failure to maintain the vehicle or train the truck driver as required by law.
The truck manufacturer: If a truck system fails, the truck manufacturer may be liable in a truck accident injury case.
The truck parts manufacturer: If a critical truck part fails, the part manufacturer may be held liable.

When a third party might be to blame

In truck accident cases, determining liability isn't always straightforward. While the truck driver or their employer may bear primary responsibility, there are instances where a third party may share the blame. For example, if a truck's maintenance was outsourced to a third-party company and inadequate servicing or repairs contributed to the accident, that company could be held liable. Similarly, companies responsible for loading cargo onto trucks must ensure it's done safely and securely; if improper loading or overloading leads to an accident, the loading company may be held accountable.

Additionally, defective truck parts or components, such as faulty brakes or tires, can cause accidents, potentially making the manufacturer or distributor of the defective parts liable for damages. Poor road maintenance, inadequate signage, or faulty traffic signals can also contribute to truck accidents, leading to potential liability for government entities. In multi-vehicle accidents involving a truck, other drivers may share blame for reckless or negligent driving behaviors, potentially making them liable for damages as well.

Settlement or trial?

Many times, a case will be settled — but we never compromise. Our clients deserve to recover fair compensation, and when an insurance company offers a low settlement (which they usually do), we prepare for battle.

To understand how we communicate with insurance companies, look at a few of our insurance letters and some of our case results. While our clients wait for the case to resolve, we provide up-front money to help them through the tough times.

Get the help you need from a team you can trust

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Our investigation into a truck accident: What is involved?

After we take on a client in a truck accident case, our investigation into the facts begins. Every detail of the collision will be reviewed, including:

The truck’s black box data: Commercial trucks are equipped with a black box that tracks speed and other data. This information can reveal truck driver errors such as speeding and any false information in the truck driver’s hours-of-service log.
Truck driver training and experience: The Code of Federal Regulations covers the laws regulating commercial drivers. A driver may have a history of violations, or the inquiry required into the driver’s history may not have been performed by the trucking firm.
The hours-of-service log: Truck drivers must follow the hours-of-service regulations. They have strict rules regarding how long they can drive without rest, as well as the breaks they must take. This information is kept in a log, but does the information match the black box data? Truck drivers can be under pressure to deliver a load on time, and therefore may violate the hours of service regulations. We investigate every detail.
The accident investigation report: Reports are issued by several agencies, including local law enforcement and, in serious accidents, federal accident investigators. These reports can be a key part of the evidence supporting a claim for compensation.

Types of damages in a truck accident: What is your case worth?

Every case is different. When valuing a claim, several types of damages can be pursued, including:

Economic losses: These damages include the cost of medical treatment (past, present, and estimated for the future), lost wages, lost earning capacity, property damage, medications, rehabilitation costs, and other losses.
Non-economic damages: The injuries sustained have a terrible impact on the individual. These damages include pain and suffering, reduced quality of life, the losses associated with intimacy with a loved one, and other very personal and very significant losses.

Types of compensation you can receive from a truck accident claim

In a truck accident claim, you may be entitled to compensation for various damages. This can include coverage for medical expenses, as well as lost wages due to missed work, pain and suffering, property damage, loss of consortium, and, in some cases, punitive damages. Navigating these claims can be complex, which is why having experienced attorneys like those at The Swanson Law Group on your side can be crucial.

You are not alone. Let The Swanson Law Group guide you

Losing your health can be hard to grasp until it happens. A severe injury can make you feel helpless.

Our semi truck accident lawyers in San Jose at The Swanson Law Group have the expertise you need when dealing with a truck accident. If you're looking for exceptional results, you need an exceptional attorney. We are fully committed to achieving fair and full compensation and willing to go to battle for it.

While many lawyers may attract clients, send them to a chiropractor, and push them to accept whatever the insurance companies offer, that's not how we operate. We genuinely care about helping our clients recover after a truck accident and provide access to our network of skilled physicians and specialists. These are the same great doctors we would trust if we had a similar injury to yours.

Your well-being is our utmost priority, and we'll assist you in any way we can.

Free case consultation

If you or a loved one has been injured in a truck accident, we offer a free case consultation to discuss what happened. We are interested in your side of the story. If an insurance company has made a settlement offer, we urge you to have it reviewed. These companies are profit-based and often offer a settlement far lower than you deserve — particularly to members of the Hispanic community, a group that often gets victimized by insurance companies.

We have a lot of respect for this community, and we do everything we can to fight back against the tactics of the insurance companies. All our cases are represented on a contingency fee basis. This means there are no legal fees unless we win. Call us today and talk to a law firm with a strong record of successful results that genuinely cares about you.

FAQ

If I’m partially at fault, can I sue for damages?

What if I can’t afford a truck accident lawyer?

How soon do I have to file a personal injury claim?

How is fault determined in a truck accident?

How can truck accidents be prevented?

Who is responsible if loose cargo falls off a truck and causes a crash?

If I’m partially at fault, can I sue for damages?

You can still pursue damages even if you bear partial fault in a truck accident. However, the amount you receive may be reduced based on your degree of fault. Consulting with a truck accident lawyer can clarify your legal options and guide you through the process.

What if I can’t afford a truck accident lawyer?

If you're concerned about the cost of hiring a truck accident lawyer, many attorneys work on a contingency basis. This means you only pay if they win your case. This arrangement ensures access to legal representation regardless of your financial situation.

How soon do I have to file a personal injury claim?

While the statute of limitations for filing a personal injury claim after a truck accident varies by state, it's essential to act promptly. Delaying filing could jeopardize your ability to seek compensation, so it's best to consult with a lawyer as soon as possible after the accident.

How is fault determined in a truck accident?

Typically, fault in a truck accident is determined through a thorough investigation. This may involve reviewing evidence such as witness statements, accident reconstruction reports, vehicle data recorders, and surveillance footage. Experienced attorneys can help navigate this process to establish liability.

How can truck accidents be prevented?

Truck accidents can be prevented through various measures, including rigorous driver training, regular vehicle maintenance, adherence to safety regulations, and implementing technologies like collision avoidance systems and fatigue monitoring devices. Advocating for stricter regulations and enforcement can also contribute to improved safety on the roads.

Who is responsible if loose cargo falls off a truck and causes a crash?

If loose cargo falls off a truck and causes a crash, multiple parties may be liable, including the trucking company, cargo loading company, or individual responsible for securing the cargo.

DUI & Drug Use Improper Maintenance Improperly Loaded Cargo or Lost Load Rear-End Truck Accidents Rollover Truck Accidents Speeding Underride Truck Accidents