Representation for Victims of Commercial Trucking Collisions
San Jose is the third largest city in California and is home to a thriving business and tech industry. As such, commercial carriers – such as 18-wheelers, tractor-trailers, and other freight bearing vehicles – frequent the region as they transport supplies to, from, and through the area. With increased trucking traffic, local residents face increased dangers on public roads and highways.
Large trucks and commercial vehicles can produce substantial harm and damage during motor vehicle accidents. When trucking accidents do occur, they have a high potential for causing injuries to individuals in passenger cars. In the most devastating cases, they can cause catastrophic injuries and wrongful death.
If you or someone you care about has been injured in a truck accident, it is important that you understand the following:
- Your rights as a victim
- Your legal options for recovering your damages
- The challenges you face during your legal journey
- The causes of your truck accident
At the Law Offices of Caroline J. Nasseri, Attorney Nasseri draws from years of experience to protect the rights of injured trucking accident victims. A San Jose personal injury lawyer is prepared to walk you through the personal injury claim process, hold trucking companies liable for the harm they cause and secure the compensation you deserve.
Causes of Truck Accidents
Aside from fatigued and impaired drivers, truck accidents may be caused by a variety of negligent of wrongful acts, including:
- Improperly Loaded or Overloaded Cargo- There are certain regulations in regards to the types of cargo and weight involved when loading trucks. When these requirements are not taken into consideration, the types of accidents that may be a result can be devastating.
- Improper Vehicle Maintenance- There is a requirement for trucking companies to keep their vehicles up to date with repairs and equipment maintenance. If these repairs aren't kept in check, the company may be liable for an accident with a truck.
- Distracted Driving- There are many types of distractions that drivers may succumb to during their long journeys on the road including cell phone use, food and drink, and various forms of entertainment. These distractions can become a liability for drivers who are not paying enough attention to their vehicle or the road.
- Inadequate or Lack of Driver Safety Training- There are certain licenses and certifications that are required for truck drivers. These licenses require extensive training, but some trucking companies send out novice drivers to maximize their profits.
- Unsafe Speeds and Lane Changes- In some cases, a truck driver may be operating their vehicle at an unsafe speed, which may result in reckless or reactive driving from other vehicles on the road. This can cause serious injuries to both the truck driver and the vehicle driver or passenger.
- Defective Auto Parts and Equipment- Trucks are often on the road for extended periods of time and the parts of these large vehicles can be worn down very quickly. When a trucking company fails to inspect their vehicles and it causes an accident with other motor vehicles, there may be an opportunity for compensation due to this negligence.
When it can be shown that the negligence or wrongful acts of a trucking company or truck driver caused a preventable accident, injured victims will have a strong chance of recovering their damages. Fair compensation is never guaranteed, however, as trucking companies often fight personal injury claims aggressively in order to protect their bottom line. This is why truck accident victims should be focused on working with an experienced San Jose injury lawyer from the Law Offices of Caroline J. Nasseri.
What are Common Types of Truck Accident Injuries?
When you are involved in a trucking accident, the injuries may be severe and create complications for a lifetime. Injuries sustained from trucking accidents may be the result of negligence from a trucking driver or a motorist who is driving recklessly. In any case, immediate medical attention is recommended if you have been involved in this type of accident.
Common trucking accident injuries may include:
- Back injuries
- Neck injuries
- Head Injuries
- Broken bones
- Spinal cord injuries
Federal Trucking Laws
Given the sheer size and weight of commercial trucks, and their inability to stop or maneuver quickly, truck accidents have become a prominent concern for public safety organizations throughout the country. In order to protect others on the road by reducing the prevalence of trucking accidents, the U.S. government enforces hundreds of federal trucking regulations and laws.
The Federal Motor Carrier Safety Administration (FMCSA) – a subsidiary of the U.S. Department of Transportation – is the governing agency responsible for regulating the trucking industry.
Among the hundreds of laws and safety regulations the FMCSA enforces, some of the most important and commonly violated include:
- Cargo and weight restrictions
- Routine vehicle maintenance regulations
- Driver training requirements
- Strict driver impairment and intoxication laws
- Hours-of-service regulations that reduce risks created by tired drivers
When truck drivers or trucking companies violate these or any other federal trucking laws, they place others on the road at elevated risks for suffering harm during accidents. When their negligence, carelessness, wrongful acts, or violations cause injuries or fatalities, victims and their families have every right to hold trucking companies liable by filing a personal injury claim.
Guiding Victims Through Challenging Claims
Personal injury truck accident claims pose a number of unique difficulties for victims and their loved ones. The most notable challenge is the fact that trucking and insurance companies often do everything in their power to pay victims as little as possible. They are, after all, in the business to make money and collect premiums, not to pay money.
For this reason alone, many trucking and insurance companies will offer unfair compensation settlements that fail to meet victims’ needs. When victims stand up for their rights and fight back, trucking companies often use resources to minimize claims.
To discuss your truck accident case, learn more about your right to compensation, and find out precisely how our firm can help, do not hesitate to contact a San Jose personal injury attorneyfrom our firm.
A Few Words from Our Clients
Caroline Nasseri kept me well-informed about my case & was very professional.Anthony H.
I would like to say thank you, Caroline, for your hard diligent service you & your team provided.David G.
Attorney Caroline Nasseri was informative, caring, respectful of my needs.Kyla J.