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.
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.
Seek Help From a Commercial Vehicle Wreck 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.
