San Jose Truck Accident Lawyer

Were You Injured in a Truck Accident in San Jose, CA?

There is general confusion regarding what qualifies as a “truck” in a legal case, as the term can casually be defined as a standard pickup truck. However, when it comes to the legal field, truck accidents can also involve large commercial vehicles, such as an 18-wheeler, semi-truck, or big rig, and will also carry different liability standards.

Car accidents with these types of vehicles are devastating, and although victims are entitled to fair compensation, it will be challenging to recover losses from the trucking companies. At The Law Offices of Daniel Kim, our San Jose personal injury lawyer had extensive experience obtaining maximum damages in truck accident cases.

If you or a family member were injured in a San Jose truck crash, you deserve to be compensated. Please, schedule a free consultation with our law offices to learn how we can help.

Why Hire Daniel Kim as Your San Jose Truck Accident Lawyer?

Truck accident cases often involve high settlement amounts, as vehicle repair costs, medical treatment, and the resulting injuries (physical and mental) are costly. Due to the value, insurance companies and legal defense teams will attempt to avoid liability, leaving victims with a major financial burden. 

To protect truck accident victims from being mistreated by insurance companies, Daniel Kim and his legal team dedicate themselves to every case they take on, always advocating in clients’ best interests. This is why Daniel has been recognized by the National Academy of Personal Injury Attorneys (NAOPIA) and the National Association of Distinguished Counsel (NADC) for exhibiting the highest level of legal excellence.

Our law firm has also built a winning reputation for successfully winning cases at maximum compensation, recovering over $250 million in verdicts and settlements. In addition to our 99% success rate, we offer our services on contingency. This means we will provide the following with no upfront costs:

• Free case evaluation
• Investigation of the accident to prove fault
• Filing a claim against the at-fault party or parties
• Prove economic damages and/or non-economic damages
• Litigate against the commercial truck company in court if necessary
• Protection from false accusations made by the other party
• Assistance scheduling medical appointments
• Access to 24-hour support

Our clients will not be charged if the case does not result in a win. At The Law Offices of Daniel Kim, we will help you recover the fair and full settlement that is owed to you. To learn more, schedule a free consultation online or by phone at (408) 882 – 1681.

How Can a San Jose Truck Accident Lawyer Help Me?

Filing a claim with the insurance company is not an easy process, especially when the damages are as extensive as they are in truck accident cases. Personal injury lawyers assist in the following ways:

1. Experience against the insurance companies – A legal battle with the trucking company requires in-depth expertise in personal injury law and car accident case experience. This prepares victims for realistic expectations, like how much their cases will settle for and when they can expect to receive payment.
2. Establish fault – Liability in truck accidents can fall on multiple parties, like truck drivers, the trucking company, or another negligent party. A firm that has dealt whit these types of cases has access to expert witnesses and private investigators who will assist in proving fault.
3. Confirm case value – Compensation extends beyond current medical bills. It can also include future out-of-pocket expenses or “pain and suffering.” An attorney will review the case and calculate the full amount of damages.
4. Aggressively negotiate for the best settlement – A San Jose truck accident lawyer offers this, as well as experience discussing case matters with insurance adjusters. This prevents mistakes from being made, which would otherwise reduce the value of the case.
5. Professional management of the truck accident claim – From monitoring deadlines to past case experiences to possessing knowledge of California laws, truck accident attorneys provide clients with valuable guidance. This insight is beneficial for determining when to settle or when to litigate.

Working with a qualified San Jose truck accident lawyer protects cases from being devalued and improves the chances of securing maximum compensation. To determine how much your case is worth, contact us for a free case evaluation.

What Losses Can I Recover from a Truck Accident?

There are multiple factors that determine compensation for a truck accident case. Unfortunately, what is believed to be rightfully owed does not always align with what insurance companies prefer to pay. Before filing a personal injury claim with the truck company, all of these factors must first be reviewed. For example, the following damages are taken into account when establishing case value:

Economic Damages

• Current medical bills
• Future medical costs
• Regular physical therapy
• Lost wages while healing from injuries
• Loss of future earnings from disability
• Home modifications to accommodate injuries
• In-home assistance or nursing
• Vehicle repairs or replacement

Non-Economic Damages

• Physical and/or mental pain and suffering
• Loss of enjoyment of life
• Diminished quality of life
• Post-traumatic stress
• Loss of companionship
• Wrongful death claim

The Law Offices of Daniel Kim calculates the worth of each case by assessing damages. Based on our findings, we share an honest opinion of how much can realistically be recovered.

What Are Common Causes of San Jose Truck Accidents?

The cause of accidents involving semi-trucks and other large trucks with passenger vehicles ranges from bad driving weather to truck driver inexperience to poor employment practices from the trucking company. Ultimately, negligent actions cause truck accidents. Specific examples of what causes most trucking accidents in Santa Clara County include:

• Cargo spilling
• Distracted driving
• Drinking while driving (DWI)
• Driver error
• Failure to follow FMCSA regulations
• Fatigued driving
• Lack of road maintenance
• Manufacturing defect of truck parts
• San Jose weather – high winds, wet roads, etc.
• Speeding
• Tire blowout
• Vehicle failure from lack of maintenance

Who Is Liable in a Truck Accident?

What separates commercial truck accidents from personal vehicle accidents are the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA), which every trucking company must follow (in addition to abiding by California’s traffic laws). Based on if these federal regulations were followed, the subject of liability will vary from case to case.

For example, truck companies must conduct routine inspections and maintenance. If they fail to do so, fault could fall on the business or even the truck manufacturer. However, if the mechanic servicing the truck provided faulty work, the auto shop could be liable.

Or, if a fatigued truck driver failed to take a required rest break (which would be apparent in the truck’s black box log) and caused an accident, the truck driver could potentially be found liable.

The state’s comparative negligence laws hold all parties who contributed to the crash accountable. When working with an experienced truck accident lawyer, an investigation is conducted to determine who caused the crash and how. At The Law Offices of Daniel Kim, we will explore

• What the police report indicated caused the crash
• Driving history of truck drivers
• Driving log of straight hours worked 
• If the truck company has a history of overworking employees
• Trucking company’s hiring procedures and training practices
• When the truck was last serviced
• The electronic logging device (ELD)

What to Do After a Truck Accident

While at the accident scene, call 911 to report the crash and to obtain a copy of the police report. While waiting for law enforcement to arrive, collect the truck driver’s information: driver’s license, insurance information, and employment details. If another driver was involved, his or her information will be needed, as well. Also, take photos of the crash site and all visible injuries.

Following a truck accident, a victim’s top priority must be safety. Therefore, see a doctor. Only a qualified medical professional can diagnose injuries and develop an effective treatment plan. Doctor’s visits also confirm if serious injuries were sustained, document medical care, and provide a paper trail of all medical costs. This type of evidence promotes a better case outcome.

Additionally, it’s vital to seek legal representation, which protects claims from being reduced or denied. Attorneys also know the types of evidence to collect, as well as to obtain evidence before it disappears.

For instance, motor vehicle carriers are only legally required to retain a record of their ELD for 6 months before disposing of it. Without this log, it will be more difficult to prove that a truck driver exceeded the maximum hours worked. To avoid comprising their case, victims must consult with an experienced attorney after large truck accidents.

Common Truck Accident Injuries

Due to the size and weight of commercial trucks, the physical toll can range from minor injuries to severe injuries. Any injury sustained can be compensated with a successful claim against the trucking companies. Common injuries include:

• Broken bones
• Burns
• Dental damage
• Fatal injuries
• Internal bleeding
• Neck injuries
• Nerve damage
• Organ damage
• Paralysis
• Scarring
• Soft tissue injuries
• Spinal cord injuries
• Permanent disability
• Traumatic brain injuries (TBI)

With questions regarding personal injuries and compensation, schedule a free consultation with San Jose truck accident lawyer, Daniel Kim.

Statistics for Truck Accidents

The city of San Jose, as well as the surrounding Bay Area cities, have implemented plans to reduce semi-truck wrecks and other truck accidents with the Vision Zero initiative. However, the rate of car accidents remains substantial. The Insurance Institute for Highway Safety (IIHS) reports that 47% of fatal truck accidents occur on major roads–more than on freeways, which accounts for 36%.

Dangerous Roads and Intersections

Accidents involving trucks can take place anywhere and at any time. The most dangerous roadways in Northern California include a long stretch across Interstate 80 (I-80), as well as Interstate 280 (I-280). As reported by the NHTSA, these Bay Area freeways reported some of the highest numbers of car crashes.

Types of Commercial Trucks

The regulations to operate large commercial vehicles are different from other smaller passenger vehicles, and it is up to the commercial trucking industry to enforce these regulations. When these rules go overlooked or when a truck driver exhibits reckless behavior, like distracted driving, accidents happen.

The most common types of commercial vehicles that are often involved in traffic accidents include:

• 18-wheelers
• Buses
• Delivery trucks (Amazon, UPS, FedEx)
• Dump trucks
• Garbage trucks
• Hazmat vehicles
• Moving trucks
• Postal service vehicles
• Semi-trucks
• Tank trucks
• Tractor trailers

Schedule a Free Consultation Today

If you were injured in a truck crash, you deserve justice. Consult with our winning law firm to discuss your case. Resolving a truck crash with the insurance company is a demanding process that is best suited for experienced San Jose truck accident lawyers. It is vital to rest and heal during that traumatic time. Allow The Law Offices of Daniel Kim to handle your claim and get you the compensation you deserve.

We are dedicated to serving clients in nearby neighborhoods of San Jose and in surrounding cities throughout Santa Clara County including Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Palo Alto, Gilroy, Morgan Hill, Los Gatos, Campbell, Saratoga, Los Altos, Los Altos Hills, Monte Sereno, Willow Glen, Rose Garden, Almaden Valley, Evergreen, Cambrian Park, Blossom Valley, Downtown San Jose, Japantown, West San Jose, and Berryessa.

Other Practice Areas We Specialize In

Directions to Our San Jose Office

Car Accident Lawyer Daniel Kim – San Jose, CA
Address: 300 S 1st St #311, San Jose, CA 95113
Phone: (408) 882-1681