San Jose Truck Accident Lawyer


San Jose is located on several state highways, such as I-280, I-680, I-880, U.S. 101, and CA 87. The peak monthly traffic for these highways in San Jose ranges from 97,000 to 287,000. Due to the large volume of traffic the city sees, it goes without saying that truck accidents on these roads and highways can have devastating consequences. 

Wilshire Law Firm offers premier legal representation for truck accident victims, ensuring they receive comprehensive support and effective advocacy. Our team of truck accident lawyers in San Jose is dedicated to helping clients resolve their truck accident claims to receive the compensation they deserve. 

Why Choose Our San Jose Truck Accident Lawyers?

Wilshire Law Firm is well-known in San Jose for its exceptional handling of truck accident cases. We bring 15 years of experience in personal injury law, with a particular focus on truck accident claims. 

Zero Fee Guarantee

We work on a contingency fee basis. This Zero Fee Guarantee means our clients do not pay legal fees unless we make a recovery. This commitment eases the financial burden on our clients and aligns our success with theirs.

Free Consultation

We offer a free, no-obligation consultation for truck accident victims. This opportunity allows you to understand your legal options, meet our team, and determine without any pressure whether we are the right fit for your case.

Local Accessibility

Our San Jose office, located at 4340 Stevens Creek Blvd Suite 287, is conveniently situated near key landmarks like the Neighborhood Walmart and a host of auto dealerships, including Stevens Creek Toyota, Land Rover San Jose, Stevens Creek BMW, and Stevens Creek Hyundai. This central location makes it easy for local residents to access our services.

Nationally Recognized and Awarded

At Wilshire Law Firm, we are proud to have received numerous awards and recognitions that underscore our status as a leading law firm, especially in the areas of personal injury and truck accident cases. These accolades are a testament to our unwavering commitment to legal excellence and dedication to client service.

Our firm has been consistently recognized by esteemed organizations within the legal community. This includes being named among the “Best Law Firms” by U.S. News & World Report and Best Lawyers® for four consecutive years.

These rankings are highly respected in the legal industry and based on rigorous evaluation processes, including client and lawyer evaluations, peer reviews from leading attorneys in their fields, and reviews of additional information provided by law firms.

Our lawyers have also been acknowledged as the ‘Nation’s Top One Percent’ by the National Association of Distinguished Counsel. This honor is reserved for a select group of attorneys who exhibit the highest standards of professional excellence and integrity. 

Additionally, many of our attorneys have been recognized by Super Lawyers and Best Lawyers and have received accolades for being among the Top 50 in Personal Injury verdicts. These recognitions reflect our lawyers’ experience, professional achievements, and the high regard in which they are held by their peers.

Commitment to Client Satisfaction

The awards and recognitions we have received also highlight our firm’s dedication to client satisfaction. We understand the financial difficulties and challenges our clients face, especially in personal injury and truck accident cases.

Our approach to these cases is not just about legal representation but also about empathy and understanding, ensuring our clients feel supported throughout their legal journey.

We Focus on Personal Injury and Truck Accident Cases

Our focus on personal injury and truck accident cases is particularly noteworthy. We have a proven track record of successfully handling complex cases in these areas, helping our clients move their cases through the legal system and secure the compensation they deserve.

Recently, we recovered a $35.2 million trial verdict in a negligent, life-altering injury case that resulted from a tractor-trailer rear-ending our client on the freeway. We are confident that we can achieve a similarly successful result for your case.

Our 15 years of experience in these specific areas of law is reflected in the $1 billion in total verdicts and settlements we have achieved for our clients, further solidifying our position as a leading law firm in these fields.

San Jose Truck Accident Compensation

Victims of truck accidents in San Jose may be entitled to several different types of compensation, and we are skilled at securing this for our clients. Our San Jose truck accident lawyers can help you recover cover:

Medical Expenses

Medical expenses can be a significant part of the recovery process after an accident. These costs include everything from emergency care immediately following the incident, such as ambulance fees and emergency room treatment, to longer-term medical needs like ongoing doctor’s appointments, physical therapy, and rehabilitation.

For severe injuries, you might face extended hospital stays, surgeries, and even the need for specialized medical equipment or home care services.

At Wilshire Law Firm, our San Jose truck accident lawyers understand the extensive nature of these expenses and the importance of accurately accounting for them in your legal claim.

Proving these costs involves collecting detailed medical records, receipts, and documentation of all treatments and expenses related to your injury. Sometimes, we also rely on expert testimony to establish the full extent of the medical care you require.

Our role is to document and consider every medical expense in your claim. We meticulously review and compile evidence of all your medical costs, both current and projected future expenses, to ensure your settlement or verdict adequately covers your needs. This includes negotiations with insurance companies to fight for fair compensation that reflects the true cost of your medical care. If necessary, we are prepared to take your case to court to seek the compensation you deserve.

We operate on a contingency-fee basis, meaning you don’t have to worry about upfront legal fees. Our payment is contingent on winning your case, aligning our success with your recovery. This approach allows you to focus on your healing and recovery, knowing that we are committed to securing the compensation necessary to cover all your medical expenses.

Lost Income

When an accident occurs, it can mean time away from work, leading to lost wages. This loss isn’t just about the immediate paycheck; it can also impact your ability to earn in the future, especially if the injuries are long-term or permanent. 

At Wilshire Law Firm, our San Jose truck accident lawyers help you calculate not only the income you’ve already lost but also the potential future earnings that are at stake due to your injury.

This includes understanding your career trajectory, benefits, and other opportunities you might miss. We work to ensure that any settlement or verdict considers the full scope of your lost wages, both present and future.

Pain and Suffering

Accidents bring more than just physical injuries; they also lead to emotional and psychological trauma. This aspect of a claim, known as pain and suffering, recognizes that the impact of an accident is not just financial but also personal and emotional.

Our team at Wilshire Law Firm understands the importance of this component and advocates for compensation that addresses the full extent of your physical pain and emotional suffering. We work to quantify these non-economic damages and ensure they are given appropriate consideration in your claim.

Punitive Damages

In cases involving particularly reckless or egregious actions, you may pursue punitive damages from the truck driver or trucking company to punish and deter similar conduct. 

Pursuing punitive damages requires a thorough investigation and a strong legal strategy, as it must be proven that the actions were more than just negligence. Our team at Wilshire Law Firm is skilled in handling these complex cases and is committed to seeking justice and accountability in situations involving a defendant’s especially harmful conduct.

Property Damage

Truck accidents can cause extensive property damage. Recovering compensation for property damage is often a huge part of your truck accident claim. This compensation is sought to cover the costs of repairing or replacing your vehicle and any other personal items damaged in the accident.

An accident occur in San Jose between two trucks.

At Wilshire Law Firm, our lawyers have a thorough approach to evaluating property damage. We work with automotive experts to assess the extent of the damage to your vehicle. This assessment includes not only the costs of physical repairs but also any decrease in the vehicle’s value due to the accident, known as diminished value.

If your vehicle is beyond repair, we aim to recover the fair market value so you can replace your vehicle. Additionally, we look into other personal items damaged in the crash, like electronics, clothing, or other valuables, ensuring these losses are also accounted for in your claim.

Our team negotiates with insurance companies to ensure you receive fair compensation for all property damage. We understand the importance of this aspect of your recovery and are dedicated to helping you restore your property to its pre-accident condition or better. We alleviate the financial burden of property damage, allowing you to focus on your physical and emotional recovery after a truck accident.

Identifying and Suing Responsible Parties

You may hold multiple parties liable in truck accidents – from truck drivers to their employers, manufacturers, and others.

At Wilshire Law Firm, we have a comprehensive approach to uncovering all responsible parties and recovering maximum compensation.

1. Detailed Investigation

The initial step involves a thorough investigation of the accident. This includes gathering and analyzing accident reports, eyewitness statements, truck driver logs, vehicle maintenance records, and black box data from the truck.

Our San Jose truck accident lawyers also examine road conditions, traffic patterns, and any surveillance footage available. This in-depth investigation helps us piece together a clear picture of what happened and who is at fault.

2. Truck Driver Responsibility

The driver’s actions are closely scrutinized for negligence or violation of California and federal trucking laws. This includes examining their driving history, hours of service compliance, drug and alcohol testing results, and their overall conduct at the time of the accident. If the driver is found to have been negligent, they can be held liable.

3. Employer Liability

You can hold trucking companies responsible for the actions of their drivers. We investigate whether the company followed proper hiring practices, adequately trained its drivers, enforced compliance with federal and state regulations, and maintained its fleet properly. We also look into whether the company encouraged unsafe driving practices, like exceeding legal hours of service or ignoring necessary rest breaks.

4. Manufacturer Responsibility

If the accident was caused or exacerbated by a vehicle defect, such as brake failure or tire blowouts, the manufacturer of the truck or its parts may be held liable. We work with automotive experts to examine the truck and its components to identify any defects or malfunctions.

5. Maintenance and Cargo Loading

Improper maintenance or overloading can contribute to accidents.

We investigate whether the truck was regularly and properly maintained and if the cargo was loaded securely and within legal weight limits. Parties responsible for maintenance and cargo loading can be held liable if their negligence contributed to the accident.

Once we identify all potentially liable parties, we develop a tailored legal strategy. This includes preparing and filing lawsuits against each responsible party.

Our team has years of experience in successful multi-party litigation, ensuring that each party’s role and responsibility in the accident are clearly presented.

7. Negotiations and Litigation

With all liable parties identified, we enter into negotiations to seek a fair settlement. If necessary, we are prepared to take the case to trial.

Our experienced litigators are experienced at arguing complex truck accident cases in court, presenting compelling evidence to secure the compensation you deserve.

Throughout this process, we aim to hold all negligent parties accountable and secure the highest possible compensation for our clients. 

Where Do Truck Accidents Happen in San Jose?

There are some areas in the city of San Jose where truck accidents might be more likely based on general traffic patterns and the nature of the roads:

  • Highways and Freeways: San Jose is intersected by major freeways like I-280, I-680, US-101, and State Route 87. These highways, due to their high speeds and heavy traffic volumes, can be hotspots for vehicle accidents, including trucks.
  • Downtown San Jose: The downtown area, with its mix of commercial, residential, and business districts, often experiences heavy traffic. The presence of delivery trucks and commercial transportation in these areas can increase the risk of accidents, especially during rush hours.
  • Industrial Areas: San Jose has several industrial areas where trucks are commonly used for the transportation of goods. Areas around North San Jose, near the San Jose International Airport, and along the Monterey Road corridor, which have higher concentrations of warehouses and industrial complexes, could potentially see more truck traffic and, consequently, accidents.
  • Major Intersections: Large intersections, especially those with multiple lanes and heavy traffic, can be dangerous. This includes areas like the intersections along Capitol Expressway, Tully Road, and near the Eastridge Shopping Center.
  • Areas Near Construction Sites: San Jose, being a growing city, often has multiple construction sites active at any given time. Areas around these sites can be more prone to accidents due to the presence of construction vehicles, including trucks, and possible road layout changes.

Drivers in San Jose, especially in these areas, should exercise caution and be particularly mindful of large trucks and changing traffic conditions. If you’ve been injured in a truck accident in one of these locations, our San Jose truck accident lawyers are ready to help you receive the compensation you deserve. 

Our Focus on San Jose Truck Accidents

At Wilshire Law Firm, our dedicated focus on truck accidents, particularly in the San Jose area, is driven by an understanding of the unique challenges these cases can present to our clients. Truck accidents can drastically differ from other vehicle accidents in terms of their causes, the severity of injuries, and legal nuances. 

Types of Truck Accidents in San Jose

Truck accidents can arise from a variety of different situations, with these being some of the most common:

  • Rear-End Collisions: Often occurring in heavy traffic situations, these accidents can happen when a truck fails to stop in time, leading to a collision with the vehicle in front.
  • Jackknife Accidents: This type of accident happens when the trailer of a big rig folds at the point of articulation, forming a sharp angle with the cab.
  • Rollovers: Trucks, especially when improperly loaded or during sharp turns, are susceptible to rollovers, which can be particularly dangerous for other road users.
  • Underride Accidents: These occur when a smaller vehicle slides underneath a truck, often resulting in severe consequences.
  • Blind Spot Accidents: Given the size of trucks, blind spots are significantly larger, increasing the risk of accidents when changing lanes or turning.
  • Lost Load Accidents: Improperly secured cargo can fall off, creating hazardous road conditions and leading to accidents.

Types of Injuries in Truck Accidents

The types of truck accidents mentioned above often lead to severe injuries due to the sheer weight and size of tractor-trailer rigs.

These injuries have the potential to be much more severe than other types of vehicle accidents given the size disparities and often high-speed nature of collisions with commercial trucks:

  • Traumatic Brain Injuries (TBI): TBIs can require long-term medical care.
  • Spinal Cord Injuries: These injuries can result in partial or complete paralysis, significantly impacting a victim’s quality of life.
  • Broken Bones: The force of a truck accident can lead to multiple fractures, which may need surgical intervention and lengthy recovery times.
  • Internal Injuries: Damage to internal organs can be life-threatening and often requires immediate medical attention.
  • Lacerations and Bruises: While seemingly less severe, these injuries can still lead to significant pain, scarring, and infection.
  • Emotional Trauma: Beyond physical injuries, truck accidents can lead to long-lasting psychological effects, including PTSD, anxiety, and depression.

At Wilshire Law Firm, we bring our tried and true approach to handling truck accident cases in San Jose. Our team has 15 years of experience in handling these types of accidents, from investigating the cause to understanding the full extent of injuries sustained.

We work tirelessly to ensure that our clients receive the compensation they need to cover their medical expenses, lost wages, and pain and suffering, helping them on their journey to recovery.

Fighting the Insurance Company After a San Jose Truck Accident

Dealing with insurance companies after a truck accident can be one of the most overwhelming and difficult parts of your case, especially when you are trying to recover from your injuries.

Insurance companies, with their huge amounts of resources and teams of experienced adjusters and lawyers, often have the upper hand in these situations. They primarily focus on protecting their financial interests, which can mean undervaluing claims or outright denying legitimate ones.

Challenges in Dealing With Insurance Companies

Some of the challenges we have seen when trying to deal with insurance companies after a truck accident include:

  • Complex Policies: Insurance policies are often filled with complex terms and conditions that can be difficult for a layperson to understand. This complexity can work to the advantage of insurance companies.
  • Delay Tactics: Insurance companies may use delay tactics, hoping that the financial pressure will force you to accept a lower settlement.
  • Lowball Offers: Initial settlement offers are often much lower than what you may actually deserve and need for a full recovery.
  • Disputing Liability: Insurance companies may dispute or minimize their policyholder’s liability in the accident, complicating the claim process.
  • Investigation and Surveillance: Insurance companies often conduct thorough investigations, which can include surveillance in an attempt to find evidence that could reduce the value of your claim.

How Wilshire Law Firm Can Help

At Wilshire Law Firm, we have extensive experience in dealing with insurance companies and their tactics. We understand the strategies they use and have the skills to counter them effectively.

Our approach includes:

  • Comprehensive Case Building: We gather all necessary evidence, including medical records, accident reports, and witness statements, to build a strong case on your behalf.
  • Professional Negotiation: Our lawyers are skilled negotiators who know the value of your claim and work tirelessly to ensure you get a fair settlement.
  • Legal Representation: We provide strong legal representation, standing up to insurance companies and their lawyers and protecting your rights.
  • No Settlement, No Fee Policy: We operate on a contingency fee basis, which means we only get paid if you win your case. This aligns our interests with yours and ensures we are fully committed to getting you the best possible outcome.
  • Emotional and Legal Support: Beyond just legal assistance, we provide support and guidance throughout the entire process so you never feel like you’re fighting alone.

Facing insurance companies can definitely be a challenging part of the recovery process, but with Wilshire Law Firm by your side, you have a team that is ready to fight for your rights and secure the compensation you deserve. We handle the legal side of your claim so you can focus on your recovery and well-being.

What to Do After Experiencing a Truck Accident in San Jose

Experiencing a truck accident can be a life-changing event, and the actions you take in the days and weeks afterward are critical for your health and your legal case. While you may have already seen a doctor, there are several additional steps you can take to strengthen your case and support your claim for compensation.

First, diligently follow your treatment plan. Consistently attending medical appointments and adhering to prescribed treatments and medications showcases the severity of your injuries. Keeping detailed records of these appointments, treatments, and any related prescriptions is the best course of action, as this documentation forms a large and influential part of your evidence.

It’s also important to keep all receipts and financial records related to the accident. This includes medical bills, transportation costs to and from medical appointments, and any other expenses incurred because of your injuries. These records will be used to calculate the accident’s total economic impact on your life.

Keeping a personal journal is another helpful step. Document your daily experiences during the recovery process, including levels of pain, emotional states, challenges faced, and how the injuries impact your daily activities. This personal account can be a powerful tool in providing evidence for non-economic damages, such as pain and suffering.

Obtaining and reviewing a copy of the police report is the next step. This report contains important details about the accident, including the officer’s observations and any citations issued.

Our San Jose truck accident lawyers will help you gather this police report and ensure it is accurate and complete, as it will play a significant role in establishing the facts of the case.

If the accident reduces your ability to work, we will compile information about your lost wages and the overall impact on your career. This should include documentation related to any lost wages or employment benefits due to your absence from work, as well as information on the long-term implications for your career.

Bringing all of this information – medical records, financial documentation, police reports, personal journals, and employment information – to your consultation with Wilshire Law Firm is the last step. Our experienced San Jose personal injury lawyers will use this comprehensive data to build a strong case on your behalf.

The thoroughness and organization of your evidence can significantly strengthen your case. This preparation aids us in effectively negotiating with insurance companies and, if necessary, presenting a compelling case in court.

By taking these steps, you actively contribute to the success of your case, ensuring that every aspect of your experience is considered in your claim for compensation.

At Wilshire Law Firm, we understand that the aftermath of a truck accident can be a confusing and challenging time. We are dedicated to guiding you through each step of this process, providing both legal and emotional support to ensure you receive the justice and compensation you rightfully deserve.

If you’ve been injured in a San Jose truck accident, Contact us online or call (415) 704-9912 for a free case consultation.

Our San Jose Location

Wilshire Law Firm

4340 Stevens Creek Blvd UNIT 287
San Jose, CA 95129
Tel: (408) 560-4642

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By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 a.m. PST - 9:00 p.m. PST). This is so that we may reach you as soon as possible in order to consult on your potential case.