Gilroy Truck Accident Lawyer

Maison Law helps victims of truck accidents in Gilroy. Truck accidents often result in more severe injuries and damages compared to other vehicle accidents, but still gives you certain legal options when you’re involved in one. If you or someone you know has been hurt in a Gilroy truck accident, contact us for a free consultation.

When Should You Hire a Lawyer?

A truck accident, at least in legal terms, is the same as any other vehicle accident. But in real-world terms, they are usually much more serious. That said, you might not need to hire a lawyer if your accident is minor. Unfortunately, though, that’s rare in a truck accident. So, you should consider hiring a lawyer if your injuries are more severe or if you have certain questions. Here’s how our truck accident lawyers can help:

• Figuring out who’s at fault – Truck accidents can be tricky because drivers often work independently. We’ll help sort out who’s responsible and guide you through the claims process.
• Getting evidence – To make your case strong, we’ll gather medical records, photos, videos, and other important evidence.
• Dealing with insurance – We’ll handle negotiations with insurance companies, including the driver or the trucking company, to make sure you get a fair deal.
• Supporting you – We’ll be there for you every step of the way, making things easier so you can focus on getting better.

Getting financial support for your injuries follows a process, but each accident is unique, so we’ll tailor our approach to your situation. The first step, usually, is figuring out liability.

Who is Liable For a Truck Accident?

One of the toughest things about a truck accident, aside from injuries, is unraveling liability. The legal standard isn’t any different from a regular vehicle accident. Basically, negligence still establishes liability. But there’s many different moving parts in a typical truck accident claim. This means that many different people or parties could be involved and share some liability:

• Truck driver – If the driver does something wrong, like speeding or driving recklessly, they could be held responsible.
  
  
• The trucking company – The company that hired the driver might also be responsible for their actions while they’re working.
  
  
• Truck or parts manufacturer – If there’s a problem with the truck itself, like a design flaw or a faulty part, the manufacturer could be held responsible. If a specific part of the truck fails and causes the accident, the company that made that part could be liable.
  
  
• Cargo loaders – If the cargo isn’t loaded correctly and causes an accident, the people who loaded it might be at fault.
  
  
• Maintenance workers – If the truck wasn’t maintained properly and that caused the accident, the maintenance workers could be responsible.
  
  

Truck accidents can be complex because there are many factors that could contribute to them. It’s not just about the truck driver’s mistakes; others on the road could also share responsibility–just like any other car accident. Regardless of the complexities, you have certain legal options.

What Are Your Legal Options After a Truck Accident?

It’s worth repeating that a truck accident poses significant risks in terms of potential injuries for both you and others involved. This is largely due to the substantial size difference between trucks and other vehicles, as well as the potentially hazardous cargo they carry. However, under the law, these accidents are treated similarly to any other vehicle accident, with a claims process available to address your losses.

To enter into this process, you must file an injury claim against the responsible party. Generally, you have two options:

• Filing an insurance claim
• Filing a lawsuit
  
  

The main goal of the legal process–and the crux of your legal protection in a truck accident–is recovering “damages” from the responsible party. This is just the legal term for your losses, but a successful claim can help you recover:

• Medical expenses, including ongoing care – This covers the costs of medical treatment you need because of the accident, like doctor visits, surgeries, medications, therapy, or any ongoing care you might need.
  
  
• Property damage – If your vehicle or other property was damaged in the accident, this includes the cost of repairing or replacing it.
  
  
• Lost income – If you couldn’t work because of the accident, you can claim the income or earnings you would have earned during that time. If you’re permanently injured and can’t work, you can also recover future earning potential.
  
  
• Emotional distress – This includes any psychological suffering you experienced because of the accident, like anxiety, depression, or PTSD.
  
  
• Pain and suffering – These damages are for the physical and emotional pain you endured because of the accident, beyond just the medical treatment.
  
  
• Loss of companionship or quality of life – If the accident affected your relationships or overall enjoyment of life, this covers that loss.
  
  
• Wrongful death expenses – If a loved one died in the accident, this covers funeral and burial costs, as well as the financial support they would have provided.
  
  

While the specifics of the process vary for each case, one crucial aspect remains constant: the statute of limitations. In California, you have two years from the date of the accident to file your claim. Missing this deadline means you can’t file a claim and can’t recover damages–no matter how strong your case is.

What Are Some Causes of Truck Accidents in Gilroy?

Unfortunately, Gilroy isn’t immune from truck accidents. Part of understanding your options and situation means understanding how truck accidents happen–and what causes them. Here’s a look at some of the more common causes of these accidents:

• Unsafe driving – This includes things like distracted driving, speeding, fatigue, and driving under the influence of drugs or alcohol.
  
  
• Not maintaining the truck – Trucks need regular upkeep to stay safe. Neglecting maintenance can lead to mechanical failures like brake or tire problems, causing accidents.
  
  
• Inexperience or poor training – Lack of experience or training can lead to mistakes, especially in challenging driving situations.
  
  
• Poor road conditions – Potholes or construction zones can make driving difficult, especially for larger trucks.
  
  
• Unsafe cargo loading – Cargo that’s overloaded or not secured properly can shift during transit, making the truck unstable and causing accidents.
  
  

No matter what the actual cause of your accident is, it’s important to do a few things to protect your claim.

How Can You Protect Your Truck Accident Claim?

A truck accident is more than just dealing with insurance – it’s about your well-being. But it’s also about doing what you can to protect and strengthen your claim. Here’s how you can do that:

• Get medical care – Your health comes first, so call an ambulance for immediate assistance. EMTs will assess you at the scene, but it’s essential to visit a doctor or hospital for further evaluation and treatment to identify any hidden injuries.
  
  
• Report the accident – Move to a safe location and call the Gilroy Police Department or the Santa Clara County Sheriff’s Office. They will respond, secure the area, and assist in collecting information from all parties involved.
  
  
• Document the accident scene – Take notes and photographs of the accident scene, including the date, time, weather conditions, and vehicles involved. Exchange contact and insurance information with others, including any witnesses.
  
  
• Preserve evidence – Keep copies of important documents, such as medical records and repair estimates. These documents will be valuable when dealing with insurance claims or legal proceedings.
  
  

Although severe injuries or fatalities often result from truck accidents, it’s crucial to demonstrate the extent of your damages for a strong claim. From there, you can rely on our Gilroy truck accident lawyers’ guidance and experience.

Frequently Asked Questions

Does it matter what kind of truck it is?

No. California law makes no distinction between the type of vehicle in an accident. So, whether it’s an 18-wheeler or a small box truck, you can file an injury claim when you’re in one of these accidents.

What evidence can I use for my claim?

You can use any evidence you’re able to get that shows negligence on the part of the person or company that caused the accident. This could include photos, videos, the truck’s black box data, medical records, or driver or parts complaints.

What are some common injuries in a truck accident?

Every truck accident is different, but due to the factors involved, injuries are usually much more serious. You could be looking at broken bones, chemical burns from hazardous cargo, head and brain injuries, and many of these injuries can be fatal.

Legal Help From Dedicated Gilroy Truck Accident Lawyers

Dealing with any accident is tough, especially when it involves large trucks. At Maison Law, our team of dedicated Gilroy truck accident lawyers is here to guide you with legal help and support, making sure you can heal from your injuries. To get your recovery started, contact us today for a free, no-obligation consultation.