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San Jose Truck Accident Attorneys

Serving All of Santa Clara County

Each year, thousands of people are killed and injured in big rig accidents on America's streets and highways. Shockingly, a person is killed or sustains injuries due to a truck accident every 16 minutes. Although the state of California imposes a slower speed limit for trucks of 55 mph on the freeway, many big rig operators disregard this law.

Common causes of big rig truck accidents include:

  • Truck driver fatigue
  • Unsafe operation of the vehicle
  • Failure to properly load the truck
  • Failure to properly secure the load
  • Failure to inspect or repair equipment
  • Use of drugs and/or alcohol
  • Large amounts of cargo
  • Unrealistic delivery schedules
  • Inadequate training

Seriously injured in a truck accident? Call our San Jose truck accident lawyers at (800) 900-0863 for a free evaluation.

What Are the Different Types of Truck Accidents?

People who operate big rigs must deliver their cargo in a timely manner to keep up with deadlines. This is no excuse for the reckless and hazardous driving practices performed by truck drivers that cause serious accidents.

There are many types of truck accidents, such as:

  • Jackknife accidents
  • Runaway trailers
  • Underride collisions
  • DUI truck accidents
  • Hit-and-run truck accidents
  • Dangerous roadway accidents
  • Fatigued driving crashes

A car, van, or SUV is no match for a large truck weighing over 10,000 pounds. The injuries that may occur as the result of a big rig accident include bone fractures, paralysis, brain injuries, internal organ injuries, and spinal cord injuries.

These devastating injuries may have long-lasting effects on the victim, requiring hospitalization, surgeries, medications, and other expensive treatments.

State & Federal Trucking Regulations

Although there is no difference in the way that negligence is determined, there are many regulations, both state and federal, that trucking companies must follow. Even though these regulations provide very strict guidelines for truck drivers and trucking companies, the economics of the trucking industry often put profit before safety.

Some of the most important trucking regulations include:

  • Truck drivers must abide by hours of service regulations
  • Truck drivers are required to maintain a log book
  • Trucking companies are required to carry certain levels of insurance coverage, depending on what type of materials are being hauled
  • Truck drivers are required to obtain a commercial driver's license (CDL)

As an added safety measure, truck drivers are also required to inspect their vehicle on a daily basis and submit a written report on the vehicle's condition.

The report must include an inspection of the following:

  • Brakes and hand brake (emergency brake)
  • Steering mechanism
  • Reflectors and lighting devices
  • Horn
  • Tires
  • Windshield wipers
  • Rear vision and blind spot mirrors
  • Coupling devices
  • Wheels and rims
  • Emergency equipment

When truck drivers and trucking companies fail to abide by these regulations, the consequences can be catastrophic. If you or someone you love has been involved in a truck accident, our firm can investigate your case and help determine liability.

What You Should Do After a Truck Accident

There are things you can do that will help if you decide to pursue a personal injury lawsuit:

  • Call law enforcement and stay at the scene of the accident until an incident report is filed and the officer dismisses you.
  • Exchange contact and insurance information with the other parties.
  • If there are any witnesses, get their contact information.
  • Take pictures of the scene of the accident and the vehicles involved.
  • Seek medical attention immediately, even if your injuries are minor.
  • Write down everything that you remember about the accident.
  • Do not speak with anyone about the truck accident except your lawyer.
  • Contact our semi-truck accident attorneys for a free consultation.

Why You Should Have a Lawyer on Your Side

Truck accidents are very different from car accidents in many ways. First of all, major trucking companies often work with high-powered lawyers and insurance companies. Their investigators and adjusters will begin to gather evidence from your accident within minutes and important documents could be lost or misplaced.

Insurance companies are in the business of making money, not paying out large settlements. The insurance adjusters will offer you as little as possible to settle your claim quickly, but you may not know the extent of your damages until months down the road. Having a lawyer on your side is critical to protecting your rights.

When you work with our firm, we will begin an immediate investigation into determining the cause of your accident and work to hold the negligent parties fully responsible for your damages - both economic and non-economic.

Let Our Firm Help You Seek Justice

It is the responsibility of the big rig operator and their company to ensure responsible and safe operation of the vehicle. If you or a loved one has been injured in a big rig accident, contact a truck accident attorney in San Jose to learn about your rights.

You may be able to recover compensation for:

  • Past and future medical bills
  • Loss of past and future earnings
  • Disability
  • Replacement of your vehicle
  • Pain and suffering
  • Mental anguish
  • Loss of quality of life
  • Scarring or disfigurement
  • Funeral expenses for wrongful death

Caputo & Van Der Walde LLP is an accomplished and respected personal injury law firm in Northern California. Our firm has protected the legal rights of hundreds of accident victims, and has recovered millions of dollars in damages.

If you or someone you love has been involved in a big rig accident in the San Jose area, please contact our truck accident attorneys at Caputo & Van Der Walde LLP at (800) 900-0863 for a FREE consultation today.


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