We understand the devastating effects a truck accident can have on a victim’s life. With over 85 years of combined experience representing truck accident victims, our legal team is prepared to stand up to trucking companies and insurance providers to fight for the compensation you need. Contact us to speak with a San Jose truck accident lawyer today.
While driving on the San Jose freeway or around town, you are probably aware that commercial trucks are ever-present. Because of their immense size, professional truck drivers must undergo extensive training and licensing to handle these massive vehicles. As a result, commercial truck accidents occur every day. If you were injured by a negligent truck driver or trucking company, California law entitles you to damages.
At Caputo & Van Der Walde – Injury and Accident Attorneys, our attorneys have over 85 years of combined legal experience helping those who have suffered severe injury in a trucking collision recover the fair compensation they deserve. We aim to ensure all accountable parties are held liable, from the commercial truck drivers to the truck parts manufacturer, or even other motorists.
We have earned prominent recognition in the Top 100 Attorneys in California by the American Society of Legal Advocates and AV® Rated by Martindale-Hubbell® for having the highest ethical standards. When you work with a San Jose truck accident lawyer from our firm, you will notice the difference we make. We put the rights of those injured in passenger vehicles first and advocate for you every step of the way.
The personal injury attorneys at Caputo & Van Der Walde – Injury and Accident Attorneys represent San Jose truck accident victims on a contingency basis. That means that our legal team will represent you for free until you receive a settlement or court award. Call today to speak to one of our San Jose truck accident attorneys about your case during a free consultation.
Under the law, a semi-truck can weigh up to 80,000 lbs. Even when a large commercial truck complies with this weight restriction, it can weigh up to 20 times as much as a passenger vehicle. Additionally, large trucks are over 50 feet long, meaning they have larger blind spots and turning radii. Finally, many trucks carry hazardous materials, like explosives and toxins. This is why serious injuries are common in truck accidents, even at low speeds.
Both the driver and the truck company have a duty of care when it comes to the safe inspection, maintenance and operation of their vehicles on California roadways. Drivers must ensure that they are well-rested, sober, alert, and compliant with all safety laws. Likewise, trucking companies must monitor their drivers and properly inspect and maintain their trucks.
To pursue a claim of liability, personal injury lawyers must then demonstrate there was a breach of duty. For example, if the driver was fatigued because they didn’t take the mandatory breaks or used alcohol or drugs while driving. Another example would be commercial trucking companies (FedEx, UPS, CRST, Swift Transportation, Stevens Transport, and others) failing to maintain their tractor-trailers in a manner consistent with trucking industry laws and regulations.
The third element that personal injury attorneys must demonstrate is causation. The plaintiff’s personal injury lawyer must show that some portion of the damages was caused by the defendant’s breach of duty. California follows the pure comparative negligence principle, so the plaintiff only has to show partial responsibility to collect a portion of the damages.
In order to collect compensation, the plaintiff’s law firm must show that their client suffered damages. Damages can include medical expenses, pain and suffering, lost wages, vehicle damage, etc.
In our pursuit of fair and full compensation for our clients, our San Jose truck accident lawyers will examine the cause of the truck accident. When we identify the liable parties, we will hold them accountable. While commercial trucks are capable of being involved in the same types of accidents that cars are involved in, there are certain types of accidents that are unique to the industry of trucking:
Throughout the course of their route, truckers often find it necessary to communicate with their trucking company headquarters or customers, check their GPS for estimated times of arrival, or to look up different routes. Consequently, distracted driving within the course of their duties is already significant. However, they may also use electronic devices to break up the boredom of a long haul or eat in the cab to save valuable minutes on their route. As a result, distracted driving is a significant source of driver error in the trucking industry.
The hours that a professional driver can operate a semi-truck are subject to state and federal regulations. For instance, a property-carrying driver can only drive for 11 consecutive hours after 10 hours off duty. In addition, drivers must log their hours in a log book, which is something that a San Jose truck accident lawyer from our law firm will demand in the event of a trucking accident. We will also require manifests, schedules, and GPS data to determine whether the trucking company forced the driver to operate in violation of the law.
Most truck companies have a zero-tolerance policy for drivers who are on active duty. That does not, however, mean that these rules are strictly enforced by all trucking companies. In order to fight fatigue, truckers often use stimulants, which can affect judgment and cause drivers to overreact. Other forms of drugs and alcohol are also common.
Trucks must be packed in a way to ensure that packages don’t shift or come loose. With flatbed trucks, if items aren’t secured properly, they can break loose and become projectiles. Finally, overloading the truck can make it difficult to drive.
The commercial trucking industry must perform routine maintenance and safety inspections on the vehicles in their fleet. If they determine that there is a safety issue with the truck, they are supposed to remove it from duty until the concern is addressed.
Brake failure in big rig trucks can have devastating consequences, leading to severe truck accidents and ultimately lawsuits. When brakes fail, the driver will lose control over the vehicle’s speed and stopping power, increasing the risk of collisions. If such an accident occurs, injured parties from smaller passenger cars, bicyclists, motorcyclists, pedestrians, and other impacted motor vehicles may file a lawsuit against the trucking company, subhaulers, the driver, and the truck’s owner, claiming negligence in inspecting the vehicle, maintenance or failure to address known issues. As the victim, your lawsuit may seek compensation for medical expenses, property damage, lost wages, as well as pain, and suffering. Brake failure is presumed to be the fault of the trucking entities and we will work hard to determine the connection between brake failure and the collision.
The truck manufacturer is responsible for identifying a defective truck before it leaves its facilities. If they discover a design defect with a truck model, they are supposed to notify the trucking companies who bought their trucks or issue a recall. In any event, a San Jose truck accident attorney from our office will hold trucking manufacturers accountable for defects.
Some big rig accidents are caused by simple driver negligence. This could be speeding, following too closely, reckless driving behaviors, changing lanes without checking their blind spots, or failing to check brakes before descending a long downgrade or mountain road.
Regardless of whether the negligent driver, the trucking firm, or the manufacturer was responsible for your San Jose truck crash, our personal injury attorneys will aggressively pursue compensation from the liable parties. Reach out to us today for a free consultation to review your legal options.
Source: California Highway Patrol
There are four elements of liability for truck accident cases: duty of care, breach of duty, causation, and damages. Whether you’re making a claim through the insurance company or pursuing your claim through a lawsuit, your truck accident lawyer will need to establish each of these four elements.
The statute of limitations in California is two years from the date of the accident. For a wrongful death claim, it’s two years from the date of death. No matter how severe your truck accident injuries are, you must file a claim within this amount of time.
While there’s no legal requirement to hire an attorney to initiate a truck accident lawsuit, most plaintiffs recognize that they’re ill-equipped to go up against the insurance company attorneys who handle truck accidents. Furthermore, failure to name the right parties in a trucking lawsuit, including all owners, drivers, maintenance personnel, haulers and sub-haulers can be fatal to your success.
At Caputo and Van Der Walde – Injury & Accident Attorneys, our attorneys recognize that the victims of truck accidents don’t always have the money to hire an attorney; this is why they work on a contingency fee basis. None of our clients pay out of pocket for our truck litigation services.
The many services a trucking accident attorney can provide include the following:
Unless you are a minor, or a governmental entity was involved, California allows two years from the date of the accident to bring forward a personal injury claim. After that time has elapsed, you will not be able to pursue damages through the civil courts.
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.