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Caputo & Van Der Walde

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Hurt in a Tractor-trailer Accident? Get a Free Consultation With A Commercial Truck Accident Lawyer Today!

Commercial Truck Accident Lawyer

Truck accidents can cause life-altering injuries and financial burdens. If you’ve been injured in a commercial truck accident in California, our truck accident lawyers can help you navigate complex claims, negotiate with insurance companies, and fight for fair compensation.

In the year 2020, there were 107,000 commercial trucks involved in accidents that resulted in injury or death in the United States. California has one of the highest rates of truck accidents in the country.

An accident with a truck can have a horrible impact on a person’s life. You may suffer permanent injury, loss time from work, or lose a loved one to a trucking accident. Medical bills for injuries related to a trucking accident can be astronomical, as well as your lost wages.

If you have been injured in an accident due to the negligence of a commercial truck driver, the attorneys at Caputo and Van Der Walde can help you get compensation for your medical bills and pain and suffering.

Our team of trained attorneys and paralegals have years of experience in San Jose personal injury law. Named Lawyers of Distinction 2022 & 2023, our firm is dedicated to meticulously researching every case we take on. Our attorneys are well-versed in negotiating with insurance companies and are successful trial lawyers.

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What is Unique About Truck Accidents

There are 13 million trucks registered in the United States. Semi-trucks, big rigs, box trucks, and moving vans are all considered commercial trucks. When these vehicles get into an accident, they often collide with more than one vehicle. A truck accident can have a devastating impact on the environment and the community.

Commercial drivers are held to a higher standard than other drivers on the road. Professional drivers need a commercial driver’s license (CDL) to get a job. They must pass a drug test to get the job and are given random drug tests. It is also mandatory that trucking companies possess significant liability insurance.

Interstate truck drivers must pass extensive background checks and a physical exam given by a doctor approved by the Department of Transportation.

When a trucker has an accident with injuries or damage to a vehicle that requires towing, the trucking company must make a report to the Federal Motor Carrier Safety Administration (FMCSA). 

If your accident was caused by the negligence of a truck driver, you will file a claim with their insurance carrier. If your injuries are severe, or if they do not have insurance, you can sue the trucking company.

Types of Commercial Truck Accidents 

The FMCSA reports that 72% of people injured in trucking accidents are passengers of other vehicles. There are several types of accidents in which trucks are often involved:

Jackknife Tractor-trailer Accidents

Many commercial trucks consist of a cab and a trailer attached by a fifth-wheel connector. When the two parts fold over at the connector, they form the shape of a pocket knife that is partially open. This is called a jackknife.

Jackknife accidents occur when a driver tries to turn or change lanes too quickly or at too wide an angle. The trailer skids and folds into the cab. When a trailer skids into traffic, it often hits several cars. Most of a commercial semi-truck’s weight is in its trailer, which can do major damage to passenger vehicles.

Rollover Tractor-trailer Accidents

As the name indicates, a rollover accident happens when a commercial vehicle rolls over onto its back or side. This most often happens on a curved road. The centrifugal force of the truck makes it lean in the opposite direction of the curve. If a truck is not loaded properly, the centrifugal force will be so great that it will cause the truck to topple over. 

In most cases, rollover accidents are the fault of companies that do not load the vehicles correctly. Drivers who do not handle turns properly may also be at fault. When a commercial vehicle rolls over, it may crush vehicles in its path, trapping the car and driver underneath. It can cause cars on the road to crash into one another. If cargo spills, it often causes major damage to the road. 

Head-On Collisions

A head-on collision takes place when two vehicles crash into one another from the front. When one of those vehicles is a truck and the other is a passenger car, the impact on the car will be devastating.

Head-on collisions take place when one vehicle enters the opposite vehicle lane. It can happen when a truck travels the wrong way down a one-way street, or when a driver turns too wide and drives into the lane of a vehicle headed in the opposite direction. It also occurs when a truck passes a vehicle on a single-lane highway.

Rear-End Collisions

Rear-end accidents are caused by tailgating, or an inattentive or careless driver. A driver should always stay four seconds behind the car in front of them. If a driver does not maintain this distance and the car in front of them stops suddenly, the two will crash. 

Truckers should maintain a longer distance. Because of their weight, they can cause far more damage if they rear-end the car in front of them. A car rear-ended by a truck will often be forced into the vehicle in front of them. A car may also roll under a truck if it rear-ends it.

Paul Van Der Walde was referred to me by a family friend. I was getting overwhelmed in my search for a personal injury attorney as there are so many. I am incredibly grateful for the work that Mr. Van Der Walde did on my case. I never felt intimidated by the legal jargon and instead felt like family. He has great knowledge and understanding of the law. We would never have gotten the results we did without a great law firm! My case was settled outside of court. Julia, Evangelina, Shawn, and Paul Van Der Walde are a great team! It is the best decision I ever made. Thank you from the bottom of my heart.

Michelle S.

Client Testimonials

For decades, Caputo & Van Der Walde has served victims in Southern California
Very helpful and overall easy to work with. My family and I used them for a case on a car accident and they were able to turn it around and finish the case in a very timely manner. Everyone I spoke to from their office was extremely helpfu...
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Tyler Moore
Motor Vehicle Accident
I am grateful for the team at Caputo & Van Der Walde. Initially I was very stressed out and afraid of what would happen and how to navigate the legal process, but Corene and Don put my mind at ease. They were able to speak to me calmly...
AA
Melanie E.
Motor Vehicle Accident
The anticipation of a legal battle is stressful for anyone, especially in times of tragedy. Paul Van Der Walde and his amazing staff are the most kind, attentive and professional legal team a person can encounter. Evangelina, Corene and Ju...
AA
Juanita Castillo
Motor Vehicle Accident
The team was professional, and responsive to all my requests. They helped me through a tough time and qwelled any fears I had through the process. They are a great team and would definitely reach out to them again if I need their services....
AA
Reynaldo Yepez
Motor Vehicle Accident
Caputo & Van Der Walde LLP represented me in a high-speed car accident which resulted in long-lasting injuries. Throughout the process Paul Van Der Walde and his team provided courteous and professional handling of my case, extended su...
AA
Miki Iric
Motor Vehicle Accident
My experience with Caputo – Van Der Walde law firm was extremely positive from the very beginning! I was injured in an auto accident February 13, 2024. My injury required surgery, a 3 night stay at Good Samaritan Hospital, an almost ...
AA
Laurel Perusa
Motor Vehicle Accident

Causes of Semi-Truck Accidents

Driving under the influence of drugs and alcohol is a cause of many motor vehicle accidents. Commercial truckers often take drugs to stay awake for long hours. Truck drivers are only allowed to drive for 11 consecutive hours. Some trucking companies will pressure drivers to work longer hours. Driving long hours leads to fatigue which causes accidents.

Typical Commercial Truck Accident Injuries  

The injuries resulting from a commercial trucking accident will almost always be more severe than injuries from a passenger vehicle accident. Traffic accidents often result in broken bones, back injuries, and neck injuries, such as whiplash. Traumatic brain injury, paralysis, spinal cord injuries, and the loss of limbs are also typical. Even though commercial truckers are required to have $750,000 in liability coverage, it will often not be enough to pay a person’s bills after they have been injured in a commercial trucking accident. 

Filing an Insurance Claim 

Filing truck accident claims after a crash is a bit more complex than filing a claim with an insurance company after an accident with another car. Because the medical bills are normally higher, the insurance adjuster will often require very detailed documentation of medical expenses. You should always consult a personal injury lawyer before making your truck accident claim. An experienced California Commercial Truck Accident Lawyers will help you gather the evidence you need for the insurance company. The insurance company needs to see:
  • The accident report
  • Witness Statements
  • Photos from the accident
  • The driver’s toxicology report
  • Your medical bills
  • Documentation of lost wages
  • Documentation of other accident-related expenses.
You may be entitled to compensation for pain and suffering after you have been in an accident with a commercial truck. Personal injury attorneys often recommend keeping a diary to document how your life has changed after an accident. When you visit the office of Caputo and Van Der Walde for a consultation, one of our attorneys will tell you how much your case is worth. We will guide you through the process of turning in your documentation and answering the insurance company’s questions. Once an insurance adjuster has investigated your claim, they will make you a settlement offer which might be too low. Our attorneys have many years of experience negotiating with insurance companies. We will fight hard to get you properly compensated.

Filing a Truck Accident Lawsuit

There are some situations in which a truck accident case may have to go to court. If an insurance company refuses to pay you your due, you may have to sue them. If a trucking company’s insurance will not cover the amount of your bills, you may have to sue the trucking company.

A lawsuit begins with filing a case in the appropriate court. Caputo and Van Der Walde will handle filing your case, notifying the plaintiff of the suit, and serving them with paperwork. We will continue to negotiate on your behalf through the trial process. 
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Filing a Truck Accident Lawsuit

When your case enters the discovery phase, the attorneys for the two sides must share information. We will thoroughly research the documentation that the plaintiff gives us and subpoena any records necessary to win your case.

The Results of a Lawsuit

There are two possible outcomes when one party files a lawsuit against another: the parties will settle out of court or go to trial. Although most cases settle out of court, our attorneys thrive in the courtroom and have won many large settlements for our clients. We know what facts will work to make a jury understand why our client deserves compensation.
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The California Commercial Truck Accident Lawyers You Need

Caputo and Van Der Walde offer free consultations. We work on a contingency basis, so you will not have to pay anything unless you win your case. Our top-rated and experienced truck accident lawyers treat every case with the utmost seriousness and attention to detail. We can provide you with stellar references from our many successful clients.

Getting into an accident is one of the most devastating life events a person can go through. Receiving fair compensation for your injuries will enable you to move on with your life. Call us today.
" Paul and his entire team are professional in every way. They were able to settle this case to our satisfaction without the extra expense of going to court. "
Earl S.
Paul Van Der Walde and Paul Caputo personal injury lawyers
Paul Caputo and Paul Van Der Walde

As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.

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