Truck Accident Attorneys in San Jose

What Are the Major Causes of Truck Accidents in San Jose?

Truck accidents in San Jose can result from:

• Truck Driver Fatigue: Long hours on the road can lead to driver fatigue, impairing concentration and reaction times. Truck drivers often face demanding schedules, and fatigue can be a significant factor in accidents.
• Distracted Driving: Distractions such as phone use, adjusting the radio, or eating can divert a truck driver’s attention from the road. Distracted driving is a leading cause of accidents across all vehicle types.
• Speeding: Driving at excessive speeds reduces a truck driver’s ability to react to sudden changes in traffic or road conditions. Speeding is a common factor in truck accidents and can lead to more severe collisions.
• Improper Loading or Overloading: Trucks must be loaded and balanced properly to ensure stability on the road. Improper loading or overloading can lead to instability, making it difficult for the driver to control the truck.
• Mechanical Failures: Equipment failures, such as brake malfunctions or tire blowouts, can be catastrophic for a large commercial vehicle. Regular maintenance and inspections are crucial to prevent mechanical failures.
• Inadequate Training: Insufficient training for truck drivers can contribute to accidents. Proper training in handling a large vehicle, understanding safety regulations, and responding to emergencies are essential for safe operation.
• Weather Conditions: Adverse weather conditions, such as rain, snow, or fog, can make driving challenging. Trucks take longer to stop, and reduced visibility increases the risk of accidents.
• Aggressive Driving: Aggressive behaviors like tailgating, weaving between lanes, or road rage can lead to accidents. Aggressive driving by truckers or other motorists poses a serious threat on the roads.
• Drug or Alcohol Use: Driving under the influence of drugs or alcohol is a significant factor in accidents. Commercial truck drivers are subject to strict regulations regarding substance use, but violations can still occur.
• Poor Road Conditions: Inadequate road maintenance, potholes, or construction zones can contribute to truck accidents. Poorly designed roads or lack of proper signage can also be contributing factors.

It’s vital you contact an experienced San Jose truck accident lawyer at Alexander Law Group LLP to learn of your options for pursuing compensation after a large commercial truck in San Jose injured you or someone you love.

How San Jose Truck Accident Injuries Can Affect Your Life

Truck accidents can result in severe and life-altering injuries that impact various aspects of your life. The consequences can be both immediate and long-term, affecting your physical health, emotional well-being, financial stability, and overall quality of life. Here are ways in which San Jose truck accident injuries can significantly affect your life:

Physical Injuries

Truck accidents often cause serious physical injuries, including fractures, spinal cord injuries, traumatic brain injuries, internal organ damage, and more. These injuries can lead to long-lasting pain, mobility issues, and the need for ongoing medical treatment.

Emotional and Psychological Impact

The trauma of a truck accident can have a profound emotional and psychological impact. You may experience post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health issues, affecting your overall well-being and quality of life.

Financial Strain

The costs associated with treating truck accident injuries can be substantial. Medical bills, rehabilitation expenses, and the need for assistive devices or home modifications can lead to financial strain. In addition, lost wages due to an inability to work during recovery can exacerbate financial challenges.

Disability and Impairment

Severe injuries from a truck accident may result in long-term or permanent disability, affecting your ability to perform daily activities, work, or engage in recreational pursuits. Physical disabilities can impact independence and quality of life.

Impact on Relationships

The physical and emotional toll of truck accident injuries can strain relationships with your family, friends, and loved ones. The need for ongoing care and support may alter the dynamics of your personal and professional relationships, and the emotional toll can be challenging for you and your support network.

Reduced Quality of Life 

Chronic pain, disability, and emotional distress can collectively contribute to a reduced overall quality of life. Everyday activities may become more challenging and compromise your ability to enjoy life to the fullest.

Rehabilitation and Therapy

Recovery from truck accident injuries often involves extensive rehabilitation and therapy. This can be physically demanding, time-consuming, and emotionally draining, impacting one’s daily routine and lifestyle.

Impact on Career and Employment

Truck accident injuries can lead to extended periods of missed work or even prevent you from returning to your previous occupation. This can result in a significant impact on career advancement and financial stability.

Changes in Lifestyle

In some cases, truck accident injuries may necessitate lifestyle changes. This can include modifications to living arrangements, adapting to new physical limitations, and adjusting daily routines to accommodate your injuries.

Long-Term Healthcare Needs

Some truck accident injuries may require ongoing medical care and monitoring. Managing long-term healthcare needs can be both physically and financially demanding, impacting your ability to lead a normal, healthy life.

Given the multifaceted impact of truck accident injuries, seeking legal assistance and pursuing a personal injury claim can be essential in obtaining compensation to address medical expenses, lost wages, and other damages.

A qualified truck accident attorney from Alexander Law Group LLP in San Jose can help you navigate the legal process and work towards securing the compensation you need to rebuild your life.

Who Can I Hold Liable for My Truck Accident Injuries in San Jose?

With the help of an attorney, you may be able to hold several parties liable for the injuries you sustained in a San Jose truck accident.

A San Jose truck accident lawyer can identify the parties whose negligence or wrongful actions contributed to the incident, such as:

• Truck Driver: You may hold the truck driver liable if their negligence contributed to the accident. Negligence can occur from the truck driver violating traffic laws or industry regulations, for instance.
• Trucking Company: The trucking company that employs the driver may share liability. This can include inadequate hiring practices, failure to properly train drivers, negligent maintenance of vehicles, or pushing drivers to violate hours-of-service regulations.
• Vehicle Manufacturer or Maintenance Provider: If the accident resulted from a mechanical failure or defect, the manufacturer of the truck or specific vehicle parts, as well as maintenance providers, may bear liability for injuries these defects cause. Tire blowouts and brake malfunctions often lead to serious truck accidents.
• Cargo Loaders: Those responsible for loading the cargo onto the truck may be liable if improper loading or securing of the cargo contributed to the accident. Overloading or unbalanced cargo can lead to stability issues and accidents.
• Third-Party Contractors: In some cases, liability may extend to third-party contractors responsible for maintenance, inspections, or other aspects of the truck’s operation. If their negligence contributed to the accident, your attorney could hold them accountable.
• Government Entities: Poorly maintained roads, inadequate signage, or other infrastructure issues may contribute to accidents. In such cases, liability may extend to government entities responsible for road maintenance and safety.
• Other Motorists: Other motorists may contribute to accidents. If another driver’s negligence or recklessness played a role, your attorney can work to hold them liable for the injuries and damage they caused.

How to Determine Fault in a San Jose Truck Accident

Determining fault in a San Jose truck accident can be complex due to the number of parties that may potentially bear liability. It involves a thorough investigation of the circumstances surrounding the incident and often requires a combination of evidence, witness statements, and expert analysis.

An experienced truck accident lawyer in San Jose is an invaluable resource to help you determine fault and establish liability. Your lawyer may use any or all of the following methods to determine who was at fault for the trucking accident that injured you:

Police Report

Your lawyer can obtain a copy of the police report filed at the accident scene. Law enforcement officers typically gather information, interview witnesses, and make preliminary determinations of fault. However, the police report is not conclusive, and your lawyer may need to conduct further investigations.

Eyewitness Statements

An attorney can collect statements from eyewitnesses who observed the accident and depose them to gain their testimony. Their perspectives can provide valuable insights into what transpired and may help establish fault. Eyewitness accounts can be crucial in cases where there is a dispute over liability.

Driver Statements

Your lawyer can obtain statements from all involved parties, including the truck driver and other motorists. Drivers may admit fault or provide details your attorney can use to reconstruct the sequence of events leading to the accident.

Surveillance Footage

If available, your lawyer can subpoena and review any surveillance footage from nearby cameras, traffic cameras, or businesses in the vicinity. Video evidence can provide an objective view of the accident and help establish the actions of each party involved.

Black Box Data

Most commercial trucks have event data recorders (EDRs), commonly known as “black boxes.” These devices record information such as speed, braking, and other vehicle data leading up to and during an accident.

Retrieving and analyzing this data can be critical in determining fault, and your attorney will have the resources to obtain this information and prevent the trucking company from destroying or erasing the data.

Accident Reconstruction

A lawyer can hire an accident reconstruction expert to analyze the scene, vehicle damage, and other relevant factors. These experts use scientific methods to recreate the events leading to the accident, helping establish how the collision occurred and who may be at fault.

Driver Logs and Records

Your attorney can obtain and review the truck driver’s logs, maintenance records, and other relevant documentation. Non-compliance with hours-of-service regulations, lack of proper maintenance, or other violations may contribute to establishing fault.

Cell Phone Records

A lawyer from our firm will investigate cell phone records to determine if distracted driving played a role in the accident. Phone use, texting, or other distractions can be critical factors in establishing negligence.

Expert Testimony

Along with accident reconstructionists, your attorney may consult with experts in other relevant fields, such as trucking regulations or medical experts. Expert testimony can strengthen your case by providing professional opinions on liability.

Review Traffic Laws and Regulations

Your lawyer can assess whether the truck driver violated any traffic laws or trucking regulations. This includes speed limits, right-of-way rules, and adherence to trucking regulations. Violations can be crucial in determining fault.

Keep in mind that insurance companies conduct their own investigations. Your attorney can share their findings with your insurance company and challenge the findings from the trucking company’s insurer if they dispute liability for the crash.

It’s important to work with a qualified truck accident attorney in San Jose as soon as possible after a trucking accident to collect evidence, investigate the crash, and build a strong case for liability.

What Types of Compensation Can I Receive from a San Jose Truck Accident Claim?

You may receive compensation, known as damages, to help you recover from the physical, emotional, and financial impact of a San Jose trucking accident.

Some common types of compensation we help clients recover at Alexander Law Group LLP include:

• Medical expenses, including future medical costs
• Lost income and diminished earning capacity
• Pain and suffering
• Loss of consortium
• Loss of enjoyment of life
• Scarring and disfigurement
• Legal fees and associated costs

If the truck accident killed a close family member, you may also receive wrongful death damages through a wrongful death claim or lawsuit. These can include funeral and burial costs, final medical expenses, and even the loss of income your loved one provided to your household.

Additionally, the court may award punitive damages if it finds the at-fault party acted with egregious negligence or intentional misconduct.

The types and amounts of compensation you receive depend on the circumstances of your case, the liable parties, insurance coverage, and the severity of your injuries, among other factors.

To maximize your chances of obtaining fair compensation, you must consult an experienced truck accident attorney in San Jose. An attorney from Alexander Law Group LLP can assess the details of your case, gather evidence, negotiate with insurance companies, and advocate on your behalf to secure the compensation you deserve.

Will I Have to Go to Court in San Jose for My Truck Accident Case?

Most personal injury cases arising from truck accidents in San Jose settle outside of court. However, there are times when your attorney may recommend taking the at-fault parties to court, such as if the insurance company refuses to offer a fair settlement or acts in bad faith regarding your claim.

How Long Do I Have to File a Truck Accident Lawsuit in San Jose?

California law requires that you file a lawsuit seeking damages from a truck accident within two years from the date of your injury. If you fail to have an attorney file a lawsuit for you within that time, the court will likely dismiss your case, and you will have no legal recourse for getting the compensation you need.

Your attorney needs to gather a lot of evidence to determine liability and support your case. Therefore, you have no time to waste in contacting a San Jose truck accident lawyer and beginning the process.

Can I Recover Compensation From a San Jose Truck Accident if I Was Partially At Fault?

In most cases, yes. California follows a pure comparative negligence rule in most personal injury claims, including truck accident claims. This means you could recover compensation even if you were mostly responsible for causing the accident. However, the amount of compensation you could receive will be reduced by your percentage of fault.

A San Jose truck accident lawyer from Alexander Law Group will work diligently to hold the other parties liable and advocate for you if the defendant or their insurance company tries to place undue blame on you for the crash.

How Much Does a San Jose Truck Accident Attorney Cost?

The San Jose truck accident lawyers at Alexander Law Group LLP work on a contingency fee basis. Under this arrangement, you won’t pay us anything upfront to represent you, and we will only accept a fee if we recover compensation for you through an insurance settlement or court award.

Contact an Experienced San Jose Truck Accident Attorney Today

If a truck accident in San Jose hurt you or a family member, don’t face the legal complexities alone. Our experienced team at Alexander Law Group LLP is here to help you navigate the path to justice and fair compensation. With a track record of success in handling truck accident cases, we understand the unique challenges you may be facing.

Contact our San Jose personal injury lawyers by calling us at 408noswap-289-1776 for your free consultation. We’ll listen to your story, assess your case, and provide guidance on the best course of action. Time is of the essence, so don’t delay – let us fight for the compensation you deserve. Your road to recovery starts here.

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