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.


Truck Accident Laws and Regulations in California

Statute of Limitations: California Code of Civil Procedure Section 335.1 provides a two-year statute of limitations for personal injury claims arising from truck accidents. The deadline runs from the date of the accident. For wrongful death claims, the statute of limitations is also two years from the date of death.

Property Damage Claims: Claims for property damage resulting from truck accidents must be filed within three years of the accident date under California law.

At-Fault Insurance System: California operates under an at-fault insurance system. The party responsible for causing the accident is financially liable for damages. Injured parties can seek compensation directly from the at-fault driver’s or trucking company’s insurance.

Comparative Negligence: California follows a pure comparative negligence rule. An injured party can recover damages even if they were partially at fault for the accident. The recovery will be reduced by the percentage of fault attributed to them. For example, if the injured party is found 40% at fault, they can still recover 60% of their total damages. California does not bar recovery even if the plaintiff is 99% at fault.

Minimum Auto Insurance Requirements: California requires drivers to carry minimum liability insurance of $15,000 per person for bodily injury, $30,000 per accident for bodily injury, and $5,000 for property damage (15/30/5).

Commercial Truck Insurance Requirements: Commercial trucks operating in interstate commerce must carry minimum liability coverage as required by federal law. Trucks carrying non-hazardous freight over 10,001 pounds must carry at least $750,000 in liability coverage. Trucks hauling hazardous materials may require $1 million to $5 million in coverage depending on the cargo type.

Vicarious Liability: Under California law, trucking companies can be held vicariously liable for accidents caused by their employee drivers under the doctrine of respondeat superior when the driver was acting within the scope of employment. California Vehicle Code Section 17150 also establishes owner liability.

Federal Motor Carrier Safety Regulations: Federal trucking regulations, including hours of service rules and vehicle maintenance requirements under 49 CFR, are applicable in California state courts. Violations of FMCSR regulations can be used to establish negligence.

No Damage Caps: California does not impose caps on economic or non-economic damages in most personal injury cases, including truck accident cases.

Government Entity Claims: Claims against California state or local government entities require filing a written claim within six months of the incident under Government Code Section 911.2. Failure to file timely can bar the lawsuit.


Frequently Asked Questions

What is the deadline to file a truck accident lawsuit in San Jose?

In California, you have two years from the date of the truck accident to file a personal injury lawsuit under Code of Civil Procedure Section 335.1. For wrongful death claims, the deadline is two years from the date of death. If a government entity or government vehicle was involved, you must file an administrative claim within six months of the accident. Missing these deadlines typically bars your claim. Consulting with an attorney promptly is important because critical trucking evidence like electronic logging device data and driver logs must be preserved quickly.

How does California’s pure comparative negligence rule affect my truck accident case?

California’s pure comparative negligence system allows you to recover compensation even if you were mostly at fault for the accident. Your damages will be reduced by your percentage of responsibility. For example, if you suffered $150,000 in damages but were found 30% at fault for the collision, you would recover $105,000. California does not bar recovery regardless of your fault percentage, meaning even a plaintiff who is 90% at fault can still recover 10% of their damages.

Who can be held liable for a truck accident in San Jose?

Multiple parties may be held liable in a California truck accident case. These include the truck driver for negligent operation such as speeding, distracted driving, or driving while fatigued, the trucking company for negligent hiring, training, supervision, or for violating federal safety regulations, the owner of the truck if different from the trucking company, cargo loading companies for improperly secured loads, the manufacturer of defective truck parts or components, and maintenance contractors who performed inadequate repairs. California applies respondeat superior, holding employers liable for employee negligence committed within the scope of employment.

What types of damages can I recover in a San Jose truck accident case?

You may recover economic damages including past and future medical expenses, lost wages, loss of earning capacity, property damage, and out-of-pocket costs. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. California does not cap these damages in truck accident cases. In cases involving egregious misconduct, punitive damages may also be available to punish the defendant and deter similar conduct.

Can I still recover compensation if I was partially at fault for the truck accident?

Yes. Under California’s pure comparative fault rules, you can still recover compensation even if you were partially responsible for the accident. Your award will be reduced by your percentage of responsibility. For example, if you suffered $100,000 in damages and were found 25% at fault, you would recover $75,000. Unlike some states that bar recovery if the plaintiff is more than 50% at fault, California allows partial recovery even in cases of significant plaintiff fault.