Truck Accidents

Content:

• Wrongful Death and Truck Accidents in San Jose
• Truck Accident Statistics in the U.S. and California
• Importance of Truck Maintenance
• Common Injuries Resulting from a San Jose Truck Accident
• Do Truck Accident Claims Differ from Typical Auto Accident Claims?
• Determining Fault in a San Jose Truck Accident
• Can You Sue a Trucking Company?
• I Was Injured in a Truck Accident in California. Do I Need a Lawyer?
• Call a Truck Accident Attorney in San Jose Today

Wrongful Death and Truck Accidents in San Jose

Wrongful death compensation may be a legal recourse for families when a loved one is killed by the negligence of someone else. Truck accidents are more likely to be fatal than passenger vehicle accidents, therefore negligence on the part of truck operators or truck manufacturers is more likely to result in a wrongful death case.

If a loved one has been killed in a truck accident, you may be eligible to receive compensation for:

• Funeral and burial expenses.
• Medical bills arising from the injury that resulted in their death.
• Lost income the deceased may have provided.
• Compensation for household services they can no longer provide.
• Loss of companionship and affection.

The State of California allows only two years in which to file a wrongful death lawsuit. After that time, your case may be dismissed, even if would otherwise merit restitution. Retaining an experienced San Jose truck accident attorney to pursue legal compensation is the best option for protecting the rights of you and your family.

Like other traffic accidents, truck accidents most often occur due to driver error. Despite being in charge of large, heavy, and dangerous vehicles, truck drivers are not always sufficiently careful. Drivers may operate trucks under the influence of drugs or alcohol, while drowsy, or while using cell phones in San Jose. In 2015, 33% of fatal truck accidents in the U.S. involved at least one driver-related factor. Speeding was the most frequent driver error related to fatal truck collisions, followed by driver “distraction/inattention” and “impairment (fatigue, alcohol, illness, etc.).”

Unsafe speeds are the most common cause of truck driving accidents. Larger vehicles are unable to come to a stop as quickly as smaller cars, and greater speed means less time to react to an unforeseen event. Large trucks also require greater stopping distances, which can compound accident risk factors when reckless driving habits, or unsafe practices like driving under the influence, are involved.

All drivers have a responsibility to refuse to drink and drive, and those driving these large vehicles have an even greater duty of care to ensure that they are able to operate their vehicles safely before getting behind the wheel.

Improper lane changes and improper turning are two other significant factors leading to truck accidents. In these scenarios, the truck driver fails to ensure that the lane being moved into is free of other vehicles or fails to notice other traffic that would make a turn or lane change unsafe.

Importance of Truck Maintenance

Trucks, just like a person’s personal vehicle, need regular maintenance and can break down from time to time. Truck maintenance is even more necessary due to a large number of miles the travel every year. Common equipment failures include:

• Steering problems
• Brakes failing
• Tire damage
• Faulty lights or related systems
• Engine or transmission failure

Common Injuries Resulting from a Truck Accident

The massive force of the impact, potential for fire, and other factors common in truck accidents greatly increase the risk for catastrophic or fatal injury. The most common serious consequences of a truck accident include the following:

Spinal cord injuries.

Injuries of the spine can result in loss of movement or feeling, paralysis, and more.

Traumatic brain injuries.

Brain injuries often require long-term medical rehabilitation.

Burn injuries.

Since semi-trucks often carry dangerous or flammable materials, vehicle fires are common among truck accidents.

Organ damage.

Internal damage after a truck accident usually includes bruising or perforation of organs.

Broken bones.

The most serious of broken bones require surgery. Casts may also keep a person from work or enjoying life during recovery.

Seatbelt or airbag injuries.

Although these safety items do indeed keep passengers safer than if they didn’t have them, seatbelts and airbags do injure drivers from force or constraint.
Several factors, including the force of impact, potential fire, and more, increase the risk of fatal injuries. In cases such as these, our San Jose truck accident attorneys advise that a victim file a claim for their injuries, or a loved one file a claim on behalf of the deceased.

Do Truck Accident Claims Differ from Typical Auto Accident Claims?

Those involved in a truck accident may mistakenly believe that the process is similar to a typical auto accident. Commercial vehicle accidents are different from car accidents because of the following:

• Larger insurance policies involved. Commercial insurance policies can be up to 50 times more than a typical auto insurance policy. This high coverage means the insurance company will appoint expert adjusters to the claim.
• Trucks have more road regulations. Commercial vehicles are under certain regulations including routine maintenance, drivers being properly licensed, and more.
• More severe injuries and higher medical bills. Truck accidents often lead to devastating or life-changing injuries.
• More damage involved. A loaded semi-truck trailer can weigh up to 80,000 pounds. Damages wrought by such a heavy vehicle are often significant and costly.
• Higher risk of death. Over 5,000 people died in accidents involving large trucks in 2023, according to the National Highway Traffic Safety Administration (NHTSA).

Determining Fault in a Truck Accident

Assessing who is at fault in a truck accident can be a complicated task that may require expert depositions and testimony. It may be obvious that a truck driver who was speeding is to blame for an accident, but it may also be true that the trucking company failed to perform proper maintenance on the brakes, for example, and this contributed to the accident as well. If the parts manufacturer failed to properly warn the owners of a potential defect in the braking system, they too may be partly responsible for the accident.

After a motor vehicle accident, our San Jose personal injury attorneys will gather the evidence and find the experts needed to demonstrate the facts of your case and fight for the compensation you deserve. These cases may be complex at times, and the attorneys at Henshaw Law Office have a track record of success in getting fair compensation for clients.

Can You Sue a Trucking Company?

Truck drivers have to follow state roadway laws as well as laws from the Federal Motor Carrier Safety Administration (FMCSA). Truckers have more stringent cell phone laws, drinking and driving laws, and others than typical drivers. They must obtain special Class C driver’s licenses and undergo driver training before getting behind the wheel of commercial trucks. If a truck driver breaks any of these rules and causes an accident, he or she may then be personally liable for the damages. The trucking company may also share fault, or be vicariously liable for the actions of its drivers.

It is possible to sue a trucking company in San Jose after an accident. The company may be a defendant in a personal injury case if it is guilty of negligent vehicle maintenance, poor hiring or training practices, inadequate cargo loading, pressuring drivers to meet deadlines, or other dangerous acts. There may also be other defendants in a truck accident case, such as a product manufacturer, truck leasing company, government agency, or third-party driver. Truck companies maintain insurance policies to cover damages in events like truck accidents.

I Was Injured in a Truck Accident in California. Do I Need a Lawyer?

Crashes involving trucks or semi-trucks are often very serious and can lead to long recovery times for injuries or possibly even more severe damage. California laws protect drivers and pedestrians involved in a truck or commercial vehicle accident. These laws, however, are often complex and require the help of an attorney experienced in truck accidents. Victims of such accidents may recover compensation for medical expenses, lost wages from being unable to work, lost quality of life, and pain and suffering.

A person involved in a truck accident in the Bay Area may need a San Jose personal injury lawyer for several reasons, including:

• The complexity of filing a claim against several possible defendants.
• A claim might be worth more than previously thought.
• Insurers might try to get victims to settle for less.
• An attorney will take a claim to court when necessary.

If you are involved in a commercial vehicle accident in the San Jose area, call the trusted team of personal injury lawyers at Henshaw Law Office. Our attorneys will guide victims of truck accidents through the legal process of filing a personal injury or wrongful death claim.

Call a Truck Accident Attorney in San Jose Today

A conversation with a San Jose truck accident attorney at Henshaw Law Office can help you identify potential defendants in your truck accident claim. There is often more than one party responsible for a trucking accident, therefore more opportunities to secure damages. For example, in a tire blowout accident, the trucking company may share fault due to inadequate fleet maintenance, but the tire manufacturer could also be partially responsible for a defective tire. Our team of experienced personal injury attorneys can investigate your accident, assign fault, and help you pursue maximum recovery.

Retaining an attorney can make all the difference in how much you recover after a truck crash. An attorney can go up against major insurance companies on your behalf, showing evidence of the extent of your injuries and how much your case is worth. An attorney can also go to trial for your case if necessary for fair compensation. To learn about your specific legal opportunities after a truck wreck in San Jose, call (408) 599-1305 or get in touch online.