San Jose has a hand in developing and manufacturing products made nowhere else in the world. It’s also surrounded by very fertile farmland. The booming industries of technology and agriculture send a steady stream of large trucks out on our local highways and interstates.

All of that activity is a great sign of a healthy economy, but that’s no comfort when you have a swerving 18-wheeler in the lane next to you or filling up your rear-view mirror. Giant transport trucks and farming vehicles can end up in your lane or turn in front of you and leave you no room to avoid a frightening collision.

A San Jose Truck accident with a big rig, a box truck, or a produce hauler might leave you with painful injuries. You’ll likely be forced to consider if you can count on truck drivers and their employers for recovery support.

A Free Case Consultation for all San Jose Truck Accident Victims

Collisions with commercial vehicles differ from normal, everyday accidents because more than one party may be liable for your injury. The driver and the company that owns the vehicle they drive could be held accountable.

To find out who exactly should be held responsible for the pain you’ve endured, contact an experienced San Jose Truck Accident Lawyer. Maison Law offers this consultation at no charge or obligation to you or your family. It’s a risk-free way to determine what your injury may be worth and how to demand what’s fair.

Truck Accident Dangers on San Jose Highways

Collisions with big trucks also differ from normal accidents in that the force of impact involved could be much greater. This is due to the additional weight these vehicles carry, even when they aren’t loaded down.

With interstate speeds factored in, these enormous and heavy vehicles may not slow down until they’ve violently struck several vehicles. The shape of these trucks also makes them more dangerous to the occupants of cars and SUVs. Smaller vehicles often end up underneath higher-riding trucks, at times trapping injured victims and delaying critical medical care.

The Federal Motor Carrier Safety Administration (FMCSA) monitors truck accidents across the nation every year. In 2019, they reported that 5,237 large trucks and buses were involved in fatal crashes. What’s more, the rate of fatal accidents involving big vehicles rose nearly 50% over the previous decade.

Steps to Take After a San Jose Truck Accident

You could be due support from several insurance policies after a truck collision, but securing that money won’t be easy. Insurance companies will want you to back up every claim you make with proof, even when a police collision report makes the fault in the accident clear.

You can lay a strong foundation for your eventual San Jose truck accident insurance claim by collecting a wealth of evidence right on the scene after a crash.

If you are physically strong enough, try to comb the area for these details:

• Contact the police and paramedics. Tell investigators about everything you remember about the truck driver’s behavior before the collision. Let emergency crews check over your injuries. Go to the hospital if that’s their recommendation.
• Pull out your cellphone. Take pictures or videos of everything that may prove useful. Show damage and get images of any visible injuries. Get photos of traffic signs, lane markings, and skid marks that illustrate what happened. Capture all the evidence you can of the company the driver works for including logos on the side of the truck.
• Talk to witnesses. Ask them what they saw. Find out how your personal injury attorney can reach them later.
• Exchange information with the truck driver. Take photos of a commercial driver’s license, insurance card, and employee number if possible.
• Note the presence of security cameras in the area. Jot down the addresses of homes or businesses that may have footage of your accident. Let your attorney know about this possible evidence immediately so your lawyer can secure the video before it is deleted.
• Go into your doctor’s office to get checked out. Make sure to note any pain that arises in the days after an accident. The shock of being in a collision might mask the pain of a major injury until the next morning. Keep all medical invoices.

Who May Be Held Liable in a San Jose Truck Accident?

Determining who can be held accountable for your accident is a vital task. Getting this part wrong can cost you thousands of dollars in compensation.

It’s not uncommon for a truck driver’s personal commercial liability insurance to have low coverage limits. This means that once the insurance money is exhausted whatever bills remain will have to be paid out of your savings.

When you hold additional parties liable, you have a much better chance of earning full compensation for every hardship.

These are just a few of the potential defendants that may be forced to support you through recovery:

• Independent Driver – Drivers may work for themselves and own the payload they are hauling. They’ll have commercial insurance you’ll hope to draw from.
• Local Trucking Company– Drivers may be working for a smaller, local delivery or shipping company that provides some insurance. These companies may also face liability if the poor maintenance of their trucks and tires prove to have caused an accident.
• National Distributor – The local employer may be contracting out drivers to a bigger transportation company that ships goods across the nation. That company could bear liability for your injuries.
• Large Corporations – These national companies may have their own network of trucks and drivers. Companies like Amazon or Sysco often carry large insurance policies for their drivers. Unfortunately, these businesses also have corporate lawyers who fight to free their employers from blame after an accident.
• Truck Manufacturer – A problem with the way a truck is built could be the cause of a major accident. A parts defect or a design flaw could have led to an impact. The maker of the vehicle would have to provide compensation to victims.

What Can Earn Compensation After an Accident?

Filing a claim for damage will mean listing every hardship you’ve faced since your accident. You’ll be asking for support to make a complete physical, emotional and financial recovery. Your San Jose Truck Accident Lawyer will make sure this list doesn’t neglect any damage you’ve suffered.

You’ll need to demand that all medical expenses be paid for by the insurance providers involved. That includes coverage for every session of physical therapy you’ll need. A physical disability suffered makes it necessary to estimate the costs of lifelong care and seek long-term support. The travel costs you build up while seeking the help of specialists and physicians are also recoverable.

The physical pain you endure and the emotional distress you suffer through are two non-economic damages that can greatly increase the amount of support you receive. These traumatic factors are life-altering and should be fully supported.

The wages you lose while you miss out on valuable work hours are also the insurance company’s responsibility to make up to you.

A family forced to go through the pain of the loss of a loved one must never be left to face the financial hardships that follow a tragic accident. Families file wrongful death claims to seek support for the costs of a burial service. This claim also secures money for the future when close family members will be without the income an employed loved one had always provided.

Do I need a Lawyer After an Accident Involving a Truck?

In most cases, you’re more likely to earn full support for your injuries with a San Jose Truck Accident Lawyer closely safeguarding your interests.

Trucks accidents can involve companies that are able to pay teams of lawyers. These lawyers all have one goal in mind, to get you to accept nothing for your injuries or as little as possible.

They’ll question the severity of your injury, the accuracy of your statements about who was at fault and even dig up your driving and medical records. When victims don’t have a personal injury lawyer on their side, this legal strategy is usually very effective.

Your lawyer conducts a full investigation into your accident to build a powerhouse case for you. When the evidence is presented effectively, lawyers and insurance adjusters aren’t left a lot of room to cast doubt.

They know that if a personal injury attorney is involved, the threat of a lawsuit is much more real. They often work even harder to present you with an acceptable insurance settlement in order to avoid expensive court proceedings.

An experienced lawyer is also in the best position to know what you’ll need in the years to come and makes sure that support is included in any offer of compensation.

Frequently Asked Questions

How long do I have to file a truck accident claim?

Two years. This may seem like a faraway deadline, but you should talk to a personal injury lawyer about your case as soon as possible. If you wait, evidence can disappear and witnesses can move away and become hard to locate.

Will I have to go to court over my truck accident case?

Very rarely. The majority of truck accident cases are resolved at the negotiating table with an insurance settlement. Trucking companies and insurance reps much prefer this over going to court. Defending themselves in court is expensive and can be bad for their reputations.

What if a truck driver doesn’t admit blame?

You’ll hopefully have evidence from the scene of the accident along with witness testimony to prove what happened. Your lawyer will also be investigating the accident and securing documents and security footage to support your case. A police accident report is also powerful evidence in your favor.

Contact a Truck Accident Lawyer Serving San Jose Victims

After a serious accident caused by a truck driver, don’t sit around wondering if you have a case. Contact Maison Law to talk to a San Jose Truck Accident Lawyer. Martin Gasparian, the founder of Maison Law, will listen to you and take a free look at your case. You’ll get an honest answer about what you could earn in an injury claim filed against a trucking company.

If Mr. Gasparian feels he can improve the outcome of an injury claim for you and your family, you’ll never need any upfront money to hire him. He doesn’t charge you an attorney’s fee unless he wins your case.