You Need an Experienced San Jose Truck Accident Lawyer
We have the resources to stand up to the trucking companies
San Jose is the hub of Silicon Valley, and it’s only natural that we see more than our share of truck traffic. Driving on I-280, I-680, or I-880 means sharing the road with heavy trucks, and most motorists don’t pay them much attention – until they’re in a serious truck accident. Because of the sheer size and weight of commercial trucks, a crash involving one can change your life forever. The effects of the injury reverberate throughout your life. We can help you move forward.
The Swanson Law Group has the experience and resources to fight back against the trucking companies and their insurance companies. We won’t let them push you around to protect their bottom line; we fight hard for the compensation you need to rebuild your life. Contact us today to speak with a San Jose truck accident attorney about your case.
We know how to get to the bottom of San Jose truck accident cases
The law holds truck drivers to higher standards than other motorists because their vehicles have the potential to be so dangerous. For instance, a trucker is considered legally under the influence at a blood alcohol concentration (BAC) of 0.04, half the legal limit of 0.08 for other California motorists over 21. Truckers are also required to take mandatory rest breaks under federal hours of service (HOS) regulations. Unfortunately, due to the pressures of the job and the often-unreasonable expectations set by the trucking companies, those standards are not always met.
When a truck driver causes an accident, it’s usually a result of one of three factors:
- Inexperience: Truck drivers who don’t have sufficient training or experience can be incredibly dangerous to other road users. For instance, an inexperienced trucker may not be able to negotiate a curve or steer out of a jackknife in progress.
- Inattention: Because they spend their entire working days behind the wheel, truckers are often terrible distracted drivers; they may cause accidents by texting and driving, talking to a dispatcher, or eating and drinking behind the wheel. It’s unfortunately also common for truckers to drive under the influence of alcohol or drugs, or to fall asleep at the wheel.
- Pressure: Truckers are under intense pressure from the trucking companies to make unrealistic delivery schedules, which may result in driving at unsafe speeds or taking risks on the road. They may also work through mandatory rest breaks and then fall asleep at the wheel.
Depending on the circumstances, either the trucking company or the truck driver may be responsible for the crash. That’s why we launch a full, in-depth investigation. We review hiring and supervision records for signs that the trucking company may have skipped a background check or failed to properly train the driver. We cross-reference the truck’s “black box” GPS data and hours of service (HOS) log. Too many lives are changed by trucking companies that fail to put safety first. We don’t let them get away with it.
Our investigation also includes the truck itself and its manufacturer. For instance, in underride accidents, the failure of the underride guard on the trailer is often a factor. We also look at the cargo and the company that loaded it, other motorists who may have contributed, and any other responsible parties.
In this process, we have two goals. We want to get you closure and accountability for your accident by clearly identifying who was at fault. More importantly, we will pursue the compensation you deserve from the at-fault party through the civil justice system.
We understand the high stakes in truck accident cases
Any accident can change your life, but that’s particularly true of truck accidents because of the severity of the injuries. You may be living with a traumatic brain injury or have lost a limb. It’s not just the cost of medical treatment; it’s the physical and emotional pain, the changes to your family life and relationships, the impact on your future. Those are real, deep losses, and you deserve a path to rebuild your life.
To the trucking company and their insurance company, though, your pain is merely exposure to their bottom line. They often have rapid investigation teams on the scene within hours of a crash to start collecting evidence and building their case. They will put highly paid attorneys on the case to minimize their exposure, and their representatives will go to their grab bag of tactics – pressure, manipulation, even gaslighting – to pay out as little as possible.
Dealing with this process is challenging, no matter what, but we can help you take control. As soon as you hire us, we’ll contact the trucking company, the insurance company, and any other interested parties to let them know you are represented by counsel and any further communication must go through us. While holding them at bay, we’ll investigate the accident to get to the bottom of what happened and build a winning legal strategy to help you find your path to a brighter future.
We hold the responsible parties accountable for San Jose truck accidents
Liability for truck accidents can be tricky because there are always multiple insurance companies involved. At minimum, the cab and the trailer usually have separate insurance, in addition to the cargo, the manufacturer, and any other vehicles involved. Accepting money from one insurance company can affect the others’ liability, and they will all point the finger at each other in order to avoid paying the injured person. We know how to cut through this confusion, find out who is responsible for paying for your accident, and hold them accountable.
We prepare every case we handle for trial because that’s the only way to put real pressure on the insurance companies. We know San Jose juries, and we know how to present your story in a way that a jury will find compelling. The insurance companies know this, too, and they’re aware of our track record of results at trial, including multi-million-dollar verdicts in truck accident cases. Usually, they’ll offer a fair settlement instead of facing us in court. If they won’t, we’re prepared to take them to trial.
Our advocacy for you goes beyond the courtroom, though. We know the value of health, and we know how much it takes to rebuild a life that has been disrupted by a serious injury. We can refer you to excellent doctors, the same ones we’d see if we had a similar injury, as well as disability specialists, financial counselors, and others who can help you move forward. We are absolutely committed to helping you.
San Jose truck accident lawyers who even the odds
The trucking companies have deep pockets and big budgets to pay their lawyers. You can’t match their resources directly – but you don’t have to. We work on a contingency fee basis, which means you don’t pay us a cent out of pocket. If we win your case, our fee is a percentage of the money we recover for you; if we don’t win, we don’t get paid at all. Your legal rights shouldn’t depend on your ability to pay a lawyer. We believe in justice for victims under California and federal law, and it is our honor to help you in this fight.
It’s important to act quickly, though. In California, you have up to two years from the date of an accident to file a lawsuit, but it’s best to talk to an attorney much sooner than that, before the trucking company can destroy evidence and witnesses forget what they saw. If you were hurt in a truck accident in San Jose, you don’t have to face the trucking company alone. Contact us today to schedule your free consultation at our San Jose office.