In a crash between a large truck and a passenger vehicle, the truck always wins. Commercial big rigs can weigh up to 23 times as much as an average passenger car. The immense size of large trucks often leads to them completely crushing or obliterating smaller cars in collisions. Truck crashes can easily be fatal to drivers and passengers. After a truck accident in San Jose, California, you are right to feel angry or confused. Let Henshaw & Henry, PC handle your claim to optimize your odds of full damage recovery.
Like other traffic accidents, truck accidents most often occur due to driver error. Despite being in charge of large, heavy, and dangerous vehicles, truck drivers are not always sufficiently careful. Drivers may operate trucks under the influence of drugs or alcohol, while drowsy, or while using cell phones in San Jose. In 2015, 33% of fatal truck accidents in the U.S. involved at least one driver-related factor. Speeding was the most frequent driver error related to fatal truck crashes, followed by driver “distraction/inattention” and “impairment (fatigue, alcohol, illness, etc.).”
Truck drivers have to follow state roadway laws as well as laws from the Federal Motor Carrier Safety Administration (FMCSA). Truckers have more stringent cell phone laws, drinking and driving laws, and others than typical drivers. They must obtain special Class C driver’s licenses and undergo driver training before getting behind the wheel of commercial trucks. If a truck driver breaks any of these rules and causes an accident, he or she may be personally liable for the damages. The trucking company may also share fault, or be vicariously liable for the actions of its drivers.
It is possible to sue a trucking company in San Jose after an accident. The company may be a defendant in a personal injury case if it is guilty of negligent vehicle maintenance, poor hiring or training practices, inadequate cargo loading, pressuring drivers to meet deadlines, or other dangerous acts. There may also be other defendants in a truck accident case, such as a product manufacturer, truck leasing company, government agency, or third-party driver. Truck companies maintain insurance policies to cover damages in events like truck accidents.
A conversation with an attorney at Henshaw & Henry can help you identify potential defendants in your truck accident claim. There is often more than one party responsible for a trucking accident. For example, in a tire blowout accident, the trucking company may share fault due to inadequate fleet maintenance, but the tire manufacturer could also be partially responsible for a defective tire. Our team can investigate your accident, assign fault, and help you pursue maximum recovery.
Retaining an attorney can make all the difference in how much you recover after a truck crash. An attorney can go up against major insurance companies on your behalf, showing evidence of the extent of your injuries and how much your case is worth. An attorney can also go to trial for your case if necessary for fair compensation. To learn about your specific legal opportunities after a truck wreck in San Jose, call (408) 533-1075 or get in touch online.