If you or a loved one has been injured in a truck accident in San Jose caused by negligence or a willful act, you may be entitled to financial compensation. Whether you’re dealing with financial strain from physical injuries or other damages, our San Jose truck accident lawyers are here to help.
With over 300 years of combined legal experience, Arias Sanguinetti can handle all the legal details of your case and work to recover the compensation you deserve after a horrific collision. Don’t wait to contact our San Jose personal injury lawyers to schedule your free case review and learn more about your legal options.
Determining Liability After a Truck Collision in San Jose
The first step to recovering compensation after a crash is determining who is responsible. In a San Jose truck accident case, there are several parties that may hold a level of liability for the resulting damages.
Some of the parties most commonly liable include:
- The truck driver
- The trucking company
- The truck manufacturer
- A parts manufacturer
- The party responsible for loading the truck
- A maintenance company that worked on the truck
- The government agency responsible for maintaining the road where the crash occurred
- A third-party driver whose actions caused the collision to occur
Identifying all the parties that hold a level of liability in your case is critical for recovering the full value of your claim.
Why Should You Hire Our Truck Accident Lawyers Serving San Jose
Hiring our San Jose truck accident attorneys can provide you with several advantages, helping to ensure that you receive the best possible outcome for your case. Several factors set us apart from other personal injury firms.
Experience and Knowledge
Our attorneys have a long history of handling truck accident cases and know the challenges these cases can involve. Our experience and knowledge help us skillfully handle every step of the legal process from investigating your case to presenting arguments on your behalf in court.
Thorough Investigation
We conduct a comprehensive investigation into your collision, gathering crucial evidence such as accident reports, witness statements, and electronic data from the truck’s black box. This thorough approach helps us build a strong case supporting your claim.
Understanding of Trucking Regulations
Trucking companies and truck drivers are subject to specific federal and state regulations. Our team of lawyers has an in-depth understanding of these regulations. They can identify any violations that may have contributed to your crash, such as hours-of-service violations or maintenance failures.
Skilled Negotiators
Dealing with insurance companies can be challenging. We are skilled negotiators who can fight for a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. We know the tactics used by insurance companies to minimize payouts and are prepared to counter them.
Litigation Readiness
If a fair settlement cannot be reached, our team is fully prepared to take your case to court. Our trial experience helps ensure that we can effectively present your case and obtain the compensation you deserve.
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Pure Comparative Negligence in California
When determining your eligibility for pursuing compensation after a truck collision in California, the state uses a pure comparative negligence rule. Under this rule, anyone who suffered damages in a crash is entitled to pursue compensation for their losses as long as they were not solely to blame.
Even if you were 99% to blame, you can file a claim for damages. However, the amount of compensation you will be eligible to claim will be reduced in direct proportion to the level of fault assigned to you.
Under this system, if your case is worth $100,000 and you are 70% to blame, the most you would be able to recover for your losses would be $30,000. We can help fight to minimize the amount of fault assigned to you to help increase the compensation you are able to receive.
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Filing Your Claim Before the California Personal Injury Statute of Limitations Deadline
When attempting to recover compensation after a truck accident caused by the actions or inaction of another party, the amount of time you have to take legal action is restricted. Under California’s personal injury statute of limitations, injured parties generally have two years to take legal action against the liable party.
Missing the filing deadline could result in the loss of your right to pursue compensation for your losses. Hiring a knowledgeable truck accident attorney serving San Jose as soon as possible after your crash is the best way to ensure you meet all applicable deadlines. Your lawyer can review the details of your case to determine if any exceptions apply that alter the filing deadline.
Your attorney can pin down the exact deadline for your case and ensure all of the required paperwork is filed correctly and on time.
An additional benefit of hiring a lawyer quickly is that doing so positions them to gather evidence before it can disappear and speak with witnesses while their memories are still clear.
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What Damages Can You Recover After a Collision?
Following a truck accident caused by negligence, survivors may be entitled to recover various types of damages. These damages are intended to compensate for the losses and suffering resulting from the crash.
Here are the main categories of damages our San Jose truck accident lawyers may be able to recover on your behalf:
- Medical expenses
- Future medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering, including mental anguish and emotional distress
- Property damage
- Rehabilitation costs
- Permanent disability
- Scarring and disfigurement
- Loss of consortium
- Punitive damages (available in cases involving egregious misconduct, such as reckless or willful disregard for safety)
These damages aim to provide comprehensive compensation to help you recover and rebuild your life after a truck accident resulting from the negligence or intentional actions of another party. At Arias Sanguinetti, we are skilled in recovering compensation for our clients, and we want to help you, too.
We Work on a Contingency Fee Basis
Many people who suffer damages in truck collisions fail to hire a lawyer because of worries that they will not be able to afford to pay the lawyer’s legal fees.
This concern should never prevent you from reaching out to our team. We work on a contingency fee basis, which means our fee is only collected from compensation recovered on your behalf.
You will never have to pay anything up front, nor will you receive a bill for the hours we spend on your case. Instead, the only fee we collect will come as a fixed percentage of the money you recover. This fee will be taken directly from the compensation you receive.
This structure allows injured clients to pursue legal action without an upfront financial burden. We are dedicated to providing knowledgeable legal representation to anyone who was injured in a crash, regardless of their financial situation.
Contact Our Truck Accident Attorneys in San Jose Now
If you or a loved one has been involved in a collision with a commercial truck, don’t wait to seek legal help from the professionals at Arias Sanguinetti. As our case results show, we’ve recovered over $2 billion for past clients, and we may be able to help you, too.
Contact our San Jose truck accident lawyers today for a free consultation. We are here to support you and fight for the justice and compensation you deserve.
Call or text 310-844-9696 or complete a Free Case Evaluation form