were You hurt in a truck Accident? Our Truck Accident Attorneys Are Here to Help

contact us

No Fees Unless We Win

San Jose Truck Accident Attorneys

Serving All of Santa Clara County

Each year, thousands of people are injured and killed in big rig accidents on America's streets and highways. 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. Their negligence endangers us all.

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 tens of millions of dollars in damages.

On This Page:

Call us today at (800) 900-0863 to schedule a complimentary initial consultation.

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. Depending on the circumstances of the accident, the harm may stay limited to one car or may affect multiple drivers and passengers.

When truck drivers lose attention or control, they may experience:

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

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

Common Causes of Truck Accidents

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
  • Use of drugs and/or alcohol
  • Large amounts of cargo
  • Unrealistic delivery schedules
  • Inadequate training
  • Failure to inspect or repair equipment

Common Truck Accident Injuries

A car, van, or SUV is no match for a truck weighing over 10,000 pounds. The injuries that may occur as the result of a big rig accident can include:

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

What You Should Do After a Truck Accident

Trucking companies are known for sending investigators to accidents as soon as they hear there has been a crash. This gives them a chance to collect evidence to use against you. To make sure you are on an even playing field, you should:

  • 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.

State and Federal Trucking Regulations

Trucking companies must follow many regulations meant to prevent accidents, and when they fail to do so, you can make a strong argument for negligence. These regulations provide very strict guidelines for truck drivers and trucking companies, but 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 logbook tracking their hours
  • 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)

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.

Vehicle Inspection Reports

The report must include an inspection of the following:

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

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.

Why You Should Have a Lawyer on Your Side

Tuck 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.

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 to determine the cause and fight to hold the negligent parties fully responsible for your damages, both economic and non-economic.

Truck Accident Cases

Our Truck Accident Verdicts & Settlements

At Caputo & Van Der Walde, we have recovered tens of millions of dollars for truck accident victims in San Jose, CA. Some of our most notable results include:

  • Big rig vs. auto accident resulting in wrongful death.

  • A case involving a big rig versus auto on highway 17 was resolved for approximately $2,500,000.

  • Big rig vs. big rig collision resulting in severe laceration and nerve loss in hand.

  • Trash truck vs. auto rear-end collision resulting in spinal injuries.

Let Caputo & Van Der Walde LLP Help You Seek Justice

It is the responsibility of the big rig operator and their employer 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.

Compensation You Can Recover After a Trucking Accident

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

If you or someone you love was involved in a big rig accident in the San Jose area, please contact our truck accident attorneys by calling (800) 900-0863. We are here to explain your rights and options in a free consultation.

Truck Accident FAQs

  • Q:How many truck accident fatalities are there each year?

    A:The numbers vary from year to year but on average, there are approximately 5,000 fatalities each year from truck accidents. California routinely has one of the highest truck fatality numbers in the country and had 318 in 2008.

  • Q:Why do truck accidents occur?

    A:As with other types of motor vehicle accidents, driver error is one of the most prevalent causes of truck accidents. Truck drivers, especially those on long hauls, are particularly prone to fatigue, distracted driving, and mistakes stemming from alcohol or drug abuse. Other causes seen frequently with truck accidents are improper maintenance and product/part malfunction. Factors like weather, poor road conditions, and unmarked construction zones also often play a role. Ultimately, no two accidents are the same and each big rig accident will have its own set of unique circumstances and issues. If you've been involved in a truck accident, it's important not to assume anything when it comes to liability as so many different factors can be present. A detailed and specific investigation into your crash is the only way to isolate all potential causes and, consequently, all potential defendants.

  • Q:What makes a truck or big rig so dangerous?

    A:The answer has much to do with the physics of truck accidents. Big rigs are enormous machines, sometimes weighing up to 80,000 pounds fully loaded. They are also capable of traveling at high speeds and gaining devastating momentum. The force of a big rig traveling at even a relatively slow speed is often much greater than the force a smaller car can achieve at a high rate of speed. Trucks and big rigs are also built differently from smaller or commuter vehicles. With heavier chassis and construction aimed at deflecting force and protecting the truck, big rigs are incredibly sturdy and will not crumple upon impact. This has the effect of transferring more force to the other vehicle (and occupants) it collides with

  • Q:How long can I or should I wait before retaining an attorney for my truck accident case?

    A:The longer you wait, the riskier it becomes that something detrimental will happen to your case. For starters, the statute of limitations for personal injury cases is usually two years but can be as short as six months. In addition, if you deal with the insurance company or opposing counsel on your own, you could make a statement--explicitly or implicitly--that could be used against you for liability purposes or in calculating damages. Moreover, if the defendant in your case has hired an attorney, the best way to level the playing field will be for you to retain your own counsel as soon as possible. Finally, if you wait to retain counsel, you could miss collecting important evidence or forget important details not memorialized in writing with an attorney.

Client Testimonials

Highly Rated & Reviewed
  • “I am happy with the outcome and highly recommend Caputo and Van Der Walde to anyone seeking an injury lawyer.”

    - Karen B
  • “Our lawyer and his entire staff were extremely approachable and effective in getting a very good settlement from my own insurance company's under-insured motorist coverage. Our lawyer guided my husband and me through the process.”

    - Chris G.
  • “Paul has a great understanding of people's rights and drives to obtain all that is due to you. He listens and answers questions that anyone could understand without legalize. I contacted him through the recommendation of a friend.”

    - Gary G.


  • A Supportive Team on Your Side
  • Included in Multi-Million Dollar Advocates Forum
  • Perfect 10/10 Superb Rating on Avvo
  • You Do Not Pay Unless We Win Your Case
  • All Initial Case Reviews Are Free of Charge
  • Legal Services Available in Spanish
  • Tens of Millions of Dollars Recovered for Our Clients
  • Over 85 Years of Combined Legal Experience


No Fees Unless We Win