San Jose Truck Accident Lawyers
San Jose Truck Accident Information
Truck crashes are a unique brand of motor vehicle accidents because of the extreme amount of damage that trucks (especially big rigs) can cause. Thousands of people are killed each year in truck accidents and the number of total injuries per year is well over 100,000. The law governing truck accidents can vary significantly from the basic vehicle codes and insurance law covering other vehicles, and the aftermath of a serious truck accident can often result in a legal quagmire where innocent victims are left confused and with many questions. Whether a San Jose truck accident caused you personal injuries or resulted in a wrongful death to a loved one, the experienced truck accident lawyers at Van Der Walde & Associates are here to help. Paul Van Der Walde has provided some free information so that you can educate yourself about the process and is ready to go over your case in a free consultation so you can decide if retaining counsel is your best option following a truck accident.
The Dangers of Truck Accidents
Because of their massive size, trucks pose a heightened danger to other motorists and pedestrians. The injuries involved in truck accidents are often more serious than those seen in smaller automobile crashes and many times when a truck causes an accident, there are more than two vehicles involved. Trucks can be so destructive not only because of their size, but because of the way they are built. Most automobiles today are constructed with unibody frames and sheet metal designed to crumple and absorb impact so the bodies inside the vehicle are protected. Many trucks, on the other hand, are built with ladder frames which resist crumpling and bending, thereby increasing the damage caused to other vehicles in an accident. If a big rig is involved, its sheer size and weight alone creates the possibility of extreme damage. Another characteristic of trucks and big rigs is that their parts frequently require maintenance and replacement. Tires wear down quickly, belts fray from overuse, and brake pads/rotors require special attention and upkeep. When it comes to maintenance, even the smallest oversight or mistake can lead to serious accidents. And with truck drivers, owners, manufacturers, retailers, and employers all playing a crucial role in ensuring a properly functioning vehicle, it is no surprise that the risk of an accident due to improper maintenance is very high, in spite of many safety regulations.
The truck itself is not the only reason why trucks are so dangerous. Professional truckers, while trained and competent, struggle mightily with drug abuse while on the job and can be the sole cause of an accident. The biggest issue is with stimulants as drivers are constantly searching for ways to stay awake and alert. The problem arises when the stimulant wears off; drivers may be left feeling tired and irritable, dramatically increasing the risk of an accident. Although there are strict federal guidelines governing how long truckers may drive without rest, these guidelines are often not followed, especially when increased financial compensation is available for drivers completing long hauls. Other common causes of accidents falling under the umbrella of driver error are distraction, aggression, cell phone use, carelessness, and fatigue. Furthermore, weather, poor road conditions, and even something as simple as loose gravel can all be important factors leading to an accident.
Perhaps the most dangerous trucking scenario arises when the above factors and causes interplay and overlap, setting the stage for an incredibly risky situation. If the end result of such a situation is a serious truck accident, all parties may be left wondering what happened and exactly what caused the accident. Teasing apart different factors and causes of an accident can be incredibly difficult but doing so is essential to holding the right parties accountable and ensuring victims receive fair compensation. An experienced San Jose truck accident attorney can perform the liability investigation for you and use experience and expertise to formulate different liability theories and present damage claims aimed at maximizing compensation for those so deserving.
Another benefit to retaining representation is having an advocate on your side who knows the law inside and out. If there are multiple people or vehicles involved in an accident, more than one party may be at fault, including someone not even at the scene of an accident. The law may allow you to recover from multiple parties and under multiple insurance policies and an experienced attorney at Van Der Walde & Associates will know exactly which claims to make, and when and where to make them. We will help protect you from defenses like the statute of limitations and comparative fault and will collect the necessary evidence to get you compensation for all possible claims, including ones for future bills, household expenses, and even loss of consortium and punitive damages in certain cases.
For assistance and a free initial case evaluation, connect with Van Der Walde & Associates, a top rated Northern California and San Jose truck accident law firm. Call us today at (877) 862-6288, or feel free to further explore our many resources throughout the site.
Whether a friend or a loved one got tragically killed in a San Jose truck accident; or an out of control big rig totaled your brand new minivan, you want decisive, trustworthy information about Northern California truck accident law. This essay will examine some of the basic questions and concerns you might have and point you towards a proven resource for free and competent advice about what to do next.
The Dangers of Truck Accidents
According to data compiled by the likes of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration, truck accidents lead to thousands of fatalities and tens of thousands of injuries every year on America's freeways and surface streets. A recent study conducted by the National Institute on Drug Abuse over eight states found that two-thirds of truck drivers in fatal accidents had some drug or other controlled substance in their systems. Truck driver distraction, fatigue, aggression, carelessness and negligence may all be crucial factors. That said, it may not be all the "trucker's fault." Balding tires, burnt out headlights, failed brakes, improperly loaded cargo, and other vehicle related problems can cause or contribute to the accident. Perhaps you car experienced a mechanical problem. For instance, maybe your airbag did not deploy effectively. Furthermore, road related problems might have contributed. For instance, unmarked loose gravel might have made it harder to navigate a section of freeway.
According to recent thinking by top researchers, multiple factors often "interplay" to set the stage for an accident. For instance, a trucker talking on his cell phone might enter a confusing stretch of highway and swerve into your lane. Ordinarily, you might be able to stop, but maybe your brakes fail, and you wind up sideswiped by the truck as a result. In this case, your failed brakes, the trucker's distraction, and the unmarked road all played roles in the accident.
To tease apart these causes, you need to investigate the accident thoroughly. Your initial intuitions about the crash may be incorrect. An experienced San Jose truck accident attorney can perform the investigation for you and thus help to maximize your chances of collecting compensation from all possible liable parties, including surprising parties, such as the manufacturer of a defective part or the municipal body responsible for keeping roads clear of debris.
To build an effective against the trucking company, trucker, or other defendant, however, you need to act aggressively within a certain designated timeframe, known as the statute of limitations. In California, this is two years. The statute of limitations says that, if you fail to take legal action within two years after your crash, you lose your recourse to pursue a claim.
In terms of damages, you might be able to collect for the time you had to take off of work, your medical and hospital bills, your long-term rehab, any pain and suffering you experienced, and property damage to your vehicle.
For assistance crafting the most strategic possible truck accident case, connect with Van Der Walde & Associates, a top rated Northern California and San Jose truck accident law firm. Dial (877) 862-6288, or explore the free and current resources at www.vanderwalde.com today.
