Truck accident
Truck Accident Attorneys in San Jose, California
The firms in this guide
- Caputo & Van Der Walde - Injury and Accident Attorneys Call Caputo & Van Der Walde - Injury and Accident Attorneys: (408) 291-7979
- Needham Kepner & Fish LLP Call Needham Kepner & Fish LLP: (408) 716-1668
- Habbas & Associates Call Habbas & Associates: (888) 387-4053
- Law Office of John J. Garvey, III Call Law Office of John J. Garvey, III: (408) 293-7777
- Galine, Frye, Fitting & Frangos, LLP Call Galine, Frye, Fitting & Frangos, LLP: (408) 317-7393
1. Caputo & Van Der Walde – Injury and Accident Attorneys
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, delivery truck accidents, tanker truck accidents, bus accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, override accidents, wide turn accidents, blind spot accidents, rear-end collisions with trucks, head-on truck collisions, cargo spill accidents, brake failure accidents, tire blowout accidents, driver fatigue accidents, overloaded truck accidents.
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, punitive damage claims, wrongful death claims.
Background: San Jose personal injury firm with over 85 years of combined experience representing truck accident victims. The firm has recovered over $100 million in settlements. Recognized in the Top 100 Attorneys in California by the American Society of Legal Advocates and AV Rated by Martindale-Hubbell for highest ethical standards.
Location: 2350 Qume Drive, Suite 230, San Jose, CA 95131
Contact: (408) 291-7979 | https://www.vanderwalde.com
Consultation: Free consultation, contingency fee arrangement (no fee unless recovery is obtained).
2. Needham Kepner & Fish LLP
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, tractor-trailer accidents, delivery truck accidents, wrongful death from truck accidents, catastrophic injuries.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, wide turn accidents, blind spot accidents, rear-end collisions with trucks, head-on collisions, brake failure accidents, tire blowout accidents, driver fatigue accidents, overloaded truck accidents.
Legal Services: FMCSR compliance investigation, trucking company negligence claims, driver negligence claims, vicarious liability claims, hours of service violation investigation, ELD data analysis, black box data retrieval, accident reconstruction, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims.
Background: San Jose personal injury law firm with more than 75 years of combined experience helping injury victims in the Bay Area. The firm understands federal regulations governing commercial carriers and can help preserve critical evidence from trucking companies.
Location: 2101 The Alameda, Suite 200, San Jose, CA 95126
Contact: (408) 716-1668 | https://www.nkf-law.com
Consultation: Free consultation available, contingency fee basis.
3. Habbas & Associates
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, big rig accidents, delivery truck accidents, bus accidents, wrongful death from truck accidents, catastrophic injuries.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, wide turn accidents, rear-end collisions with trucks, head-on collisions, brake failure accidents, driver fatigue accidents, overloaded truck accidents, cargo spill accidents.
Legal Services: FMCSR compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, ELD data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, property damage claims.
Background: San Jose personal injury firm with over 200 years of combined legal experience. The firm has recovered over $650 million in verdicts and settlements for clients, including numerous truck accident recoveries exceeding $1 million.
Location: 2155 The Alameda, San Jose, CA 95126
Contact: (888) 387-4053 | https://www.habbaslaw.com
Consultation: Free case evaluation, no fee unless recovery.
4. Law Office of John J. Garvey, III
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, big rig accidents, delivery truck accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, override accidents, wide turn accidents, rear-end collisions with trucks, head-on collisions, brake failure accidents, tire blowout accidents, driver fatigue accidents.
Legal Services: FMCSR compliance investigation, trucking company negligence claims, driver negligence claims, vicarious liability claims, hours of service violation investigation, ELD data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, punitive damage claims.
Background: San Jose personal injury attorney with many years of experience helping people injured in big rig accidents. The firm represents clients throughout the South Bay, San Jose area, and surrounding counties including San Francisco, San Mateo, Santa Clara, and Alameda.
Location: 97 E. Brokaw Road, Suite 310, San Jose, CA 95112
Contact: (408) 293-7777 | https://www.johngarveylaw.com
Consultation: Free initial consultation, no fee unless recovery.
5. Galine, Frye, Fitting & Frangos, LLP
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, tractor-trailer accidents, delivery truck accidents, wrongful death from truck accidents, catastrophic injuries.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, wide turn accidents, rear-end collisions with trucks, head-on collisions, brake failure accidents, driver fatigue accidents, overloaded truck accidents, cargo spill accidents.
Legal Services: FMCSR compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, ELD data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, wrongful death claims.
Background: San Jose personal injury law firm dedicated to seeking justice for injured victims. The firm works on a contingency fee basis and serves San Mateo, the Bay Area, and surrounding communities.
Location: 2160 The Alameda, Suite E, San Jose, CA 95126
Contact: (408) 317-7393 | https://www.dongaline.com
Consultation: Free claim evaluation, contingency fee arrangement.
Weekly Hours, Maintenance Files and Following Distance in San Jose Truck Crashes
A San Jose rear-end truck crash puts the truck’s spacing and the driver’s accumulated hours at the center of the fault question. Federal rules require the carrier to keep the records that answer it, for set periods.
Following Too Closely
Vehicle Code § 21703 bars the driver of any motor vehicle from following another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, the traffic and the condition of the roadway.
The 60- and 70-Hour Limits
Under 49 CFR 395.3(b), a property-carrying driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not operate every day, or after 70 hours in 8 consecutive days if it does; 395.3(c) allows that period to end with 34 or more consecutive hours off duty. Section 395.8(k)(1) requires the carrier to keep duty-status records and supporting documents for at least 6 months from receipt.
Maintenance Records
Under 49 CFR 396.3, the carrier must systematically inspect, repair and maintain each vehicle subject to its control, and keep maintenance records for 1 year where the vehicle is housed or maintained and for 6 months after it leaves the carrier’s control.
Alcohol
Under 49 CFR 382.201, a driver subject to the federal testing rules may not report for or remain on safety-sensitive duty with an alcohol concentration of 0.04 or greater.
San Jose Truck Accident Questions
Can I recover if I was partly at fault?
Yes. Li v. Yellow Cab Co. (1975) adopted pure comparative negligence. For example, imagine $150,000 in damages and 30 percent of the fault on the injured driver: the recovery would be $105,000.
If the truck driver and another motorist share fault, does each pay all my noneconomic damages?
No. Civil Code § 1431.2(a) makes each defendant’s liability for noneconomic damages several only, in direct proportion to that defendant’s percentage of fault.
How long do I have to sue?
Two years under Code of Civil Procedure § 335.1 for injury or death caused by another’s wrongful act or neglect. A claim against a public entity must first be presented within six months after accrual under Government Code § 911.2.