San Jose, the largest city in Northern California and often referred to as the birthplace of Silicon Valley, is a bustling commercial city with plenty of commercial vehicles coming in and out daily. Commercial vehicle accidents can occur in the blink of an eye, leaving other motorists and their passengers mortally wounded. Keep reading to learn more about commercial vehicle accidents, possible compensation, and why a San Jose commercial vehicle accident attorney from BD&J can always help with your claim!
Why Do Commercial Vehicle Accidents Occur?
Commercial vehicles include semi-trailers, delivery vans, buses, and other vehicles that are used to transport cargo or people for business purposes. Commercial vehicle accidents often involve these vehicles colliding with other smaller cars, other commercial vehicles, motorcycles, and even pedestrians. Due to the size and weight of commercial vehicles, the impact on other smaller cars and motorcycles can be devastating.
Commercial vehicle accidents often occur due to:
- Tight deadlines – Commercial vehicles are often operating under tight deadlines imposed by their employer. To meet delivery quotas, commercial drivers may speed, skip breaks, and continue to power through driver fatigue, which can lead to commercial vehicle accidents.
- Distracted driving – Like any driver on the road, distracted driving can immediately turn into an unthinkable commercial vehicle accident. Common distractions for commercial vehicle drivers may include checking their phones, fiddling with the radio, and checking their GPS device to ensure they are following directions.
- Commercial driver fatigue – Semi-trucks travel more than 60,000 miles on average annually. While there are regulations for breaks to be taken for commercial drivers who are typically driving 11 hours daily, these breaks aren’t always enforced.
- Defective commercial vehicle parts – Cases of defective vehicle parts, such as faulty brakes, malfunctioning vehicle systems, and similar incidents, can often result in commercial vehicle accidents. This is also why maintenance guidelines need to be upheld by truck and vehicle companies.
Involved in a commercial truck accident? Connect with a BD&J attorney to file a claim.
Which Commercial Vehicle Accidents Happen Most Frequently in San Jose?
The most common commercial vehicle accidents the attorneys at BD&J have represented include:
Wide-turn accidents
Wide-turn accidents occur when a large commercial vehicle angles to the left to complete a right turn, colliding with a vehicle to its left. Another example of a wide-turn accident is when a commercial vehicle is moving to complete a right turn, and another smaller vehicle squeezes into the right lane next to the commercial vehicle, essentially getting swiped or crushed.
Head-on collisions
A head-on collision happens when two vehicles collide front-first when traveling in opposite directions. Due to the size of commercial vehicles, this type of accident can be particularly dangerous for many smaller vehicles caught in these accidents.
Spilled cargo accidents
Shifted and falling cargo from commercial vehicles can strike other cars and pedestrians or cause vehicles to brake suddenly or swerve to avoid cargo, striking other vehicles. Commercial vehicles carry a variety of different cargoes including hazardous materials that can bring further dangers when exposed to other motorists in an accident.
Underride accidents
An underride accident occurs when a smaller vehicle goes partially or completely underneath the body of a large truck. According to a report by the Insurance Institute for Highway Safety, a finalized ruling upgraded rear underride regulations for tractor-trailers in 2022, but modifications to these regulations may need to be revisited.
Need help paying for an accident that wasn’t your fault? Contact a commercial vehicle accident attorney from the BD&J team now.
How Do I Know if I Can File a Commercial Vehicle Accident Claim?
After an accident in San Jose, how do you know whether you can file a claim? To have the basis for a commercial vehicle accident claim, you must:
- Establish that the commercial vehicle accident was caused by the reckless or negligent acts of the other driver, company, or local municipality
- Provide proof that you were injured as a direct result of the accident using medical documentation of injuries
- Show that you sustained property damage (oftentimes vehicle loss or needed vehicle repairs) as a direct result of the accident
- Ensure the statute of limitations for your commercial vehicle accident hasn’t passed, which is 2 years from the date of the accident
Who is Liable in a San Jose Commercial Vehicle Accident?
There can be a few liable parties held accountable after a commercial vehicle accident. Some of these parties include:
- The commercial vehicle driver: If a commercial truck driver causes an accident due to driving distracted, driving under the influence of drugs or alcohol, failing to stop or yield, cutting other vehicles off, and fatigue from skipping breaks, they may be held liable.
- The trucking company: Trucking companies who fail to provide background checks on their drivers for previous driving violations, don’t provide adequate safety training or breaks, or overlook standard vehicle maintenance may be held liable in an accident resulting from their negligence.
- The vehicle parts manufacturer: If a commercial vehicle has faulty brakes or a defective design, the vehicle manufacturer could be held liable if these defects result in a commercial vehicle accident.
- The local municipality: If a commercial vehicle accident is caused by a lack of road signage, potholes, or even a flawed road design, then the local municipality could be held liable for failing to address these issues.
Who’s liable for your commercial vehicle accident? Book your free initial consultation with a BD&J commercial vehicle accident attorney to learn more.
What Can a Commercial Vehicle Accident Lawyer Do for My Claim?
If you or a loved one were injured in a commercial vehicle accident in the San Jose area, work with a commercial vehicle accident lawyer from BD&J. An attorney can help your claim by:
- Working with you to file the claim
- Compiling evidence to support your story, including demonstrating injuries
- Interview expert witnesses who can further prove your injuries
- Negotiate for a fair settlement that can cover all accident-related expenses
- Handle all communications with the other parties involved
How Much Compensation Can I Receive for a Commercial Vehicle Accident Claim in San Jose?
Every personal injury claim is different, meaning distinct factors go into determining the value for a claim. This is why it is crucial for you to sit down with a commercial vehicle accident attorney to help you learn about the value of your claim, as this is the sole compensation you will receive for the accident. Some of the compensation you can expect to receive in a commercial vehicle accident claim covers:
- Present and future medical expenses
- Loss of income if you’re unable to work due to injuries
- Physical rehabilitation for injuries
- In-home care if needed
- Property repairs or loss
- Punitive damages (which are awarded to punish the liable party if they have committed similar driving violations previously)
Don’t cover the expenses of someone else’s negligence; sit down with the BD&J team today to file a claim.
Frequently Asked Questions
What Should I Do After a Commercial Vehicle Accident?
Right after a commercial vehicle accident in San Jose, you’ll want to move to the side of the road when safe to do so, see how all the people involved in the accident are doing, and notify the authorities of the accident.
Do I Have to go to the Hospital Even if I Don’t Feel Symptoms after an Accident?
Absolutely. Symptoms of injuries can take days or weeks to show, so you’ll still want to go to the hospital right after the commercial vehicle accident to get any type of injury documented.
Should I Speak to the Insurance Provider of the Trucking Company?
It’s important to remember that insurance companies want to pay out as little as possible, so they will be trying to pin as much fault on you as they can. It is usually advised that you let your attorney take on all communications with insurance companies.
Can I Obtain Compensation Even if I Had Some Fault in the Commercial Vehicle Accident?
Yes. California is a comparative negligence state, which means that injured individuals found to have some degree of fault for an accident can still recover compensation. The compensation is reduced by the percentage of fault the injured plaintiff is found to be at.
Should I Admit Fault After the Accident?
No. You want to keep all communications neutral and to a minimum after an accident, refraining from apologizing or admitting any kind of fault.
Do I Have to Pay Upfront to Work with the Commercial Vehicle Accident Attorneys at BD&J?
Never. We work under a contingency basis, which means that we advance case costs to clients and recover attorney payment from the final compensation amount after a case has settled. No fees until we win*.
When Should I Call BD&J After My Commercial Vehicle Accident?
You should call BD&J as soon as you are cleared from the hospital to file a commercial vehicle accident claim.
How To Report a Commercial Vehicle Accident
Reporting a commercial vehicle accident in the aftermath can help your claim. To report a commercial vehicle accident, be sure to:
- Seek safety immediately after the accident. – If you are on the road, it is crucial you move to the side or turn into a parking lot for safety reasons.
- Notify the police. – Make sure to call the police, even if the accident doesn’t seem particularly serious.
- Gather all available evidence. – Take photos and videos of the vehicles involved, the area where the accident took place, and the other driver’s information. Also try to get the information of any witnesses who saw the accident or were involved in some capacity in the events.
- Talk to a commercial vehicle accident attorney. – After obtaining a police report and gathering evidence, talk to a commercial vehicle accident attorney about your claim and what the next steps are.
Supportive San Jose Commercial Vehicle Accident Attorneys Representing Injured Californians
A bustling city like San Jose sees its fair share of vehicle accidents, especially commercial vehicle accidents. If you were involved in a commercial vehicle accident caused by another party, sit down with a dedicated commercial vehicle accident lawyer from BD&J. We’ve been fighting for the rights of injured California drivers for more than 20 years and have proudly recovered more than $2 billion* in damages. Contact us today to schedule your free initial consultation!
