If you were hurt in a severe commercial truck, semi-truck, or 18-wheeler accident scenario on Highway 101, I-880, Route 87, or other busy San Jose and Bay Area delivery corridors, you may already be facing medical bills, missed work, and pressure from insurance adjusters. If you’re searching for San Jose truck accident lawyers, BD&J brings 20+ years of California experience and $3 billion* recovered for clients to help you protect your rights—starting with a free, confidential consultation with our California truck accident attorneys. (For nationwide crash data, see NHTSA large truck crash information.)
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Common Types of San Jose Truck Accidents
Serious truck crashes can happen in many ways, including:
- Jackknife truck accidents, where the trailer swings and folds toward the cab
- Rollover crashes, often involving high speeds, shifting cargo, or abrupt maneuvers
- Rear-end collisions, when a truck’s stopping distance leads to impact
- Sideswipe collisions during lane changes or merges
- Underride truck accidents, when a smaller vehicle slides under a trailer
- Blind-spot collisions, especially around wide turns and lane changes
At BD&J, our team of experienced lawyers provides zealous advocacy for the injured. In fact, we have recovered more than $3 Billion in compensation for our clients. If you or a loved one has been injured, or if you have suffered the wrongful death of a family member, you can feel confident turning to our firm for the kind of skilled representation that gets results. Contact our experienced San Jose truck accident attorneys today to get started with a free consultation.
BD&J has successfully handled all types of truck accident cases, including those involving:
- Fatigued drivers
- Drunk/drugged drivers
- Improperly loaded/overloaded trailers
- Maintenance failures
- Negligent hiring
You only have 2 years to file a personal injury claim in California. Do not delay — contact our firm at your earliest convenience.
What Are Common Injuries From Truck Accidents?
The size and weight of commercial trucks often result in more severe injuries than those sustained in typical car crashes. The most serious injuries include:
- Spinal cord injuries: These can lead to partial or complete paralysis, drastically altering the victim’s quality of life.
- Traumatic brain injury: This may cause long-term cognitive, physical, and emotional impairments.
- Fractures and broken bones: These injuries typically require surgery and extended recovery times.
- Internal injuries: These may not be immediately apparent but can be life-threatening without prompt medical attention.
- Whiplash and soft tissue injuries: While less severe than the injuries mentioned above, these can still lead to chronic pain and require substantial treatment.
If you were hurt in an 18-wheeler accident crash, you may face significant medical bills, making it vital to seek the assistance of a lawyer. Our experienced team can help you pursue compensation to cover your medical expenses and other related costs.
What to Do After a Truck Accident
The main steps to remember after a truck accident are:
- Stop. Stay at the scene and check for immediate danger.
- Move out of harm’s way. If you can do so safely, get yourself and others away from traffic.
- Call the police and report the crash. Ask for an official report and the responding agency’s information.
- Seek medical help immediately for injuries. Get evaluated right away, even if your symptoms seem minor.
- Take photos and video. Capture vehicle positions, damage, skid marks, road conditions, cargo spills, and visible injuries.
- Get witness names and contact information. Write down what witnesses saw while it’s still fresh.
- Share license, registration, and insurance information with the other driver(s). Keep your discussion factual and brief.
- Preserve damaged property. Keep your vehicle, helmet/child seat (if applicable), torn clothing, and other items in the same condition whenever possible.
- **Report the accident to your insurance company, but *refuse to give them any extra information.*** Avoid recorded statements to any insurer, including the trucking company’s, until you’ve gotten legal advice.
- Contact counsel before signing anything. Don’t sign releases or settlement paperwork until you understand what you may be giving up.
- Fill out an SR 1 form at the DMV. Failure to do so may result in suspension of your license, depending on the circumstances. (See California DMV SR-1 guidance.)
When to Call a Truck Accident Attorney
You should look into calling a lawyer for up to two years after the accident if you sustained injuries that require(d) medical treatment, a long period of time off of work, or other serious consequences. It’s also good to consider a lawyer if insurance companies are trying to place the blame on you.
If a public entity may be involved (for example, a dangerous roadway condition), you may face a shorter deadline, often as little as six months, to file a government claim before you can pursue a lawsuit.
Who Can Be Liable in a San Jose Truck Accident
Determining liability in a truck accident isn’t always straightforward, especially if several parties are involved. In a commercial truck accident, liable parties can include:
- The truck driver: If you were hit by a speeding, distracted, or tired truck driver, that driver may be liable.
- The trucking company: If the company failed to maintain the truck properly, pushed unsafe schedules, or violated Federal Motor Carrier Safety Administration safety rules, it may share liability.
- The truck owner: If the owner failed to inspect, repair, or properly equip the truck, the owner may be responsible.
- The cargo loader: If loading errors, shifting freight, or insecure tie-downs contributed to the crash, the loader may be liable.
- A maintenance provider: If improper repairs or missed inspections contributed to mechanical failure, the shop or contractor may be at fault.
- The parts manufacturer: If defective brakes, tires, or other parts caused or worsened the crash, the manufacturer may be responsible.
- Public entities: If unsafe road design, missing signage, or poor roadway maintenance contributed, a city, county, or state entity may share fault.
| Potential liable party | How they may be at fault | Records that can help prove it |
| Truck driver | Speeding, distraction, fatigue, unsafe lane changes | Driver logbooks/ELD data, citations, phone records |
| Trucking company | Unsafe scheduling, poor supervision, FMCSA compliance failures | Driver qualification file, dispatch records, safety policies |
| Truck owner | Neglected inspections/repairs, unsafe equipment | Title/lease documents, inspection, and repair history |
| Cargo loader | Overweight or improperly secured cargo | Bill of lading, cargo/weight tickets, loading records |
| Maintenance provider | Faulty repairs or missed defects | Maintenance invoices, work orders, inspection checklists |
| Parts manufacturer | Defective component design or manufacturing | Recall data, product testing, failure analysis reports |
| Public entity | Dangerous roadway condition or negligent maintenance | Road maintenance logs, prior complaints, design plans |
Each case is unique, and determining who’s at fault requires an in-depth investigation. At BD&J, we examine the specific details of your case to identify all potentially responsible parties. With 20+ years representing injured Californians, 24/7 availability, and $3 billion* recovered, we have the resources to pursue accountability in complex truck cases.
California follows comparative negligence rules, which means your recovery can be reduced if you were partly at fault, but being partially at fault does not automatically bar your claim.
How Truck Accident Claims Are Proven in California
Proving a truck accident claim often requires evidence that goes beyond what’s available in a typical car crash. Your case may depend on whether the driver and carrier followed Federal Motor Carrier Safety Administration (FMCSA) regulations, including hours-of-service rules. (See FMCSA regulations and guidance, including hours-of-service materials.)
Evidence commonly used to prove a California truck accident claim can include:
- Driver logbooks and ELD data to evaluate fatigue and compliance
- Maintenance and inspection records to identify preventable mechanical failures
- Cargo and weight records (including bills of lading) to identify shifting or overloaded freight
- Driver qualification files to evaluate training, prior violations, and hiring/supervision issues
- Truck “black box”/ECM data to assess speed, braking, throttle, and other vehicle inputs
Contact us for a free, confidential case evaluation
What Compensation Can You Recover After a Truck Accident?
Truck accidents can leave victims with significant physical, emotional, and financial burdens. A truck accident attorney can help you pursue various types of compensation, including:
- Medical expenses: These can cover immediate medical costs and future medical care, including surgeries, rehabilitation, therapy, and long-term pain management.
- Lost wages: If injuries prevent you from working, you can pursue lost income and reduced earning capacity, including future earnings.
- Pain and suffering: These damages account for your physical pain and emotional distress caused by the accident and its aftermath.
- Property damage: Compensation for your vehicle repairs or replacement can also be pursued.
- Loss of consortium: In some cases, your spouse or family members may pursue damages for the loss of companionship or support due to your injuries.
- Permanent lifestyle changes: If your injuries require ongoing assistance or permanently change how you live, work, or care for yourself, you can seek compensation reflecting those long-term impacts.
Why Choose BD&J for Your San Jose Truck Accident Case?
- We advance case costs — you pay nothing unless we win
- Direct communication with our lawyers 24/7
- 20+ years representing injured Californians in high-stakes cases
- Over $3 Billion* recovered
- Thousands of satisfied clients
If you’re looking for a big rig accident lawyer san jose residents can reach at any hour, BD&J is available 24/7 to help you take the next step.
Call Today to Discuss Your Case
BD&J is committed to providing the highest caliber of legal services when you need it most. Compassionate, experienced, and tenacious, we are prepared to do whatever it takes to help you pursue justice and a fair outcome. If you’ve been injured in a collision with a semi-truck, our San Jose truck accident lawyers are standing by to offer you the help you need.
Frequently Asked Questions
How long do I have to file a truck accident claim in California?
In many cases, you have 2 years to file a personal injury lawsuit in California. (California Code of Civil Procedure § 335.1.) If your crash may involve a government agency (such as a roadway defect), you may face a shorter government-claim deadline, often as little as six months, before you can file a lawsuit.
Who can be liable in a San Jose truck accident?
Depending on the facts, liability can include the truck driver, trucking company, truck owner, cargo loader, maintenance provider, parts manufacturer, and sometimes public entities responsible for unsafe road conditions. A full investigation is often needed to identify every responsible party.
Should I give a recorded statement to the trucking company’s insurer?
Generally, you should avoid giving a recorded statement to the trucking company’s insurer without legal advice. Statements can be used to shift blame onto you or downplay your injuries.
What evidence should I save after a truck accident?
Save photos/video of the scene and vehicles, witness contact information, the police report number, medical records and bills, and any damaged property (including your vehicle) in its current condition. Also keep copies of any communications from insurance companies.
Do I need a lawyer if the trucking company says it accepts fault?
Yes, it can still be important to have counsel even if the trucking company says it accepts fault. You may still need to prove the full extent of your damages, address comparative negligence arguments, and identify other liable parties and available insurance coverage.
