Commercial trucks like 18-wheelers are an integral part of commerce in and around San Jose. Unfortunately, sometimes these vehicles are involved in accidents, and when they are, the results can be catastrophic.
When you have been hit by a semi-truck or other commercial vehicle, you should not be left on your own to try and recover. You deserve to have the trucking company compensate you for your losses and should have a trusted attorney on your side who can help make sure the amount you receive is fair and just. A San Jose truck accident lawyer from the Valero Law Group can help you investigate the crash, find and preserve evidence, prove liability, and, if necessary, litigate your case in court.
Causes of Truck Crashes
Receiving compensation for injuries sustained in a collision with a semi-truck requires proving that the truck driver or trucking company was at fault for the accident. Collisions involving 18-wheelers can happen for any of the same reasons normal car accidents do, such as drunk driving, distracted driving, or speeding. But there are also a variety of situations or actions specific to commercial trucks that can lead to a crash, including:
- Improperly loaded or secured cargo
- Improper connection between the semi-truck’s cab and trailer
- Insufficient training or instruction provided to the driver for the type of vehicle
- Policies or incentives that require the driver to be on the road too long or provide insufficient time to make a delivery
- Improper maintenance of the semi-truck, particularly the braking and steering systems
Many of these situations may not be evident or obvious at the scene of the crash. A commercial vehicle accident lawyer in San Jose can help an injured person investigate the wreck to determine the underlying cause and use all available evidence to help prove that the truck driver or trucking company was responsible for the accident.
Common Injuries in Truck Accidents
Due to the sheer size and weight of a truck, when the truck is in motion and hits another vehicle, it can cause catastrophic injuries. Some injuries can even be fatal. Often, a truck accident will cause injuries that require long-term medical treatment and therapy.
Commonly seen injuries in truck accident cases include:
- Neck, back, and spinal cord injuries: The force of impact with a commercial truck can cause the head and spine to jerk suddenly and unnaturally. This can lead to spinal cord damage, nerve damage, and damage to the back in numerous areas. When someone suffers a neck or back injury, it is hard to get life back to normal. Issues with movement, walking, and even doing daily activities are common in these situations.
- Broken bones: Bone fractures can happen quickly in a truck accident. Broken bones in the arms, legs, feet, and skull are often seen in truck accident victims due to the violent nature of a crash.
- Burns: Burns can happen in any crash, but are more common in truck accidents. Trucks carry large fuel tanks and cargo that can be highly flammable. When these materials are involved in a crash, accident victims can be caught in the flames.
- Traumatic brain injuries: Traumatic brain injury (TBI) can happen due to the violent acceleration and deceleration involved in a crash, along with physical contact with vehicle parts. TBI can lead to long-term or life-long difficulty with speech, memory, and motor function.
- Internal injuries: Internal bleeding and damage to organs such as the liver, spleen, lungs, and kidneys are potential consequences of a serious truck accident.
An experienced San Jose truck accident attorney will take the type and severity of injuries into consideration when helping an injured person pursue damages for their losses.
Truck Accidents and Shared Fault
The cause of a collision may not always be straightforward; in some cases, there may be multiple events that contribute to a crash, which means that multiple different people may share responsibility for the accident. Sometimes this means the injured motorist may be partially at fault for their own injuries.
California has handled this situation by enacting California Civil Code § 1714. This statute provides that if a jury finds an injured person is partially at fault for the accident that caused the injury, they can still recover compensation. However, the amount of compensation they receive will be reduced in proportion to the percentage of fault assigned to them. Unlike many other states, there is no limit on the percentage of fault that an injured person can be assigned and still recover. Even if the injured person’s percentage of fault is higher than the other driver’s, they can still receive at least a portion of their losses.
Although this rule is favorable to people injured in wrecks, it can still have a large impact on the total amount recovered. A San Jose attorney who is experienced in 18-wheeler accidents can help an injured person understand the impact this statute might have on their potential recovery given the context of their accident.
What Damages Are Available in a Truck Accident Claim?
Truck accidents can leave victims facing unexpected financial losses, including medical bills, lost income, out-of-pocket expenses, and other related costs. Economic damages in a personal injury claim address these financial impacts of a truck accident.
Non-economic damages in an injury claim include pain and suffering, mental anguish, loss of companionship, and other “hidden” losses from a major accident. While economic damages can be proven with copies of bills, pay stubs, receipts, and other documentation, non-economic damages often require the assistance of a skilled San Jose semi-truck wreck attorney to be proven.
Liability in a Truck Accident Claim
In truck accident claims, liability for a crash might not be with the truck driver alone. Unlike many car accidents, truck accidents can involve liability from any of the following if not more:
- The truck driver (due to negligent driving)
- The truck driver’s employer (due to negligent hiring, training, etc.)
- The manufacturer of defective truck parts
- Those responsible for servicing and maintaining the truck.
An experienced truck accident lawyer in San Jose can examine the facts to determine where liability lies in the case.
How a Lawyer Can Help in a Truck Accident Claim
Truck accident cases can be complicated due to the issues and evidence involved. Unlike a simple two-vehicle crash, truck accidents can involve liability from multiple sources, and highly technical evidence is required to prove how the truck crash occurred. Commercial truck accidents can involve video recordings, black box data from the truck, driver logs, and employer information. Additionally, some truck accident claims may require the assistance of accident reconstruction experts to explain how the accident occurred.
An experienced San Jose commercial truck accident attorney can:
- Carefully investigate the truck accident
- Evaluate evidence to build a theory of legal liability
- Determine whether the driver, employer, parts manufacturer, or some combination was responsible for the accident
- Hire experts when needed to analyze the crash
- Negotiate aggressively with insurance companies to pursue a settlement
- File a truck accident lawsuit whenever needed to achieve justice.
Pursuing a truck accident claim on one’s own can be time-consuming, complex, and disappointing when dealing with insurance companies and attorneys for a commercial truck company. A truck accident lawyer with experience taking on these challenges can help you understand your legal rights and pursue financial compensation after a devastating accident.
Seek Help From a Truck Accident Attorney in San Jose
In addition to the physical pain and discomfort that comes with a severe injury, the administrative and logistical responsibilities that come with managing medical care, insurance, and repairs to your vehicle or other property can be overwhelming. An attorney from our firm can help you manage some of those things and fight for your legal rights so that you can focus on healing. Schedule an initial consultation with a San Jose truck accident lawyer from the Valero Law Group to learn more about what we can do in your situation.
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