In 2015, there were about 116,000 people injured and 4,067 killed in crashes
involving large trucks, or any vehicle excluding buses and motorhomes
weighing more than 10,000 pounds. That same year 433,000 large trucks
total were involved in police-reported traffic crashes. While these numbers
don’t reach the heights of the number of passenger car-related accidents,
commercial trucks tend to have more impact on other vehicles and nearby
Part of the danger is that these trucks can weigh anywhere from 10,000
to 80,000 pounds, and the heavier the vehicle is, the more damage it is
likely to do. If you or a loved one were injured in a truck accident,
make sure to call Habbas & Associates about your case as soon as possible.
Our skilled San Jose truck accident attorneys have
more than 200 years of combined legal experience to offer your case and can help you determine the best course of action
to take in seeking compensation.
Give us a call at
(888) 387-4053 to get your case started.
Types of Truck Accidents
Unfortunately, there are many ways a commercial vehicle can cause an accident.
Depending on what kind of cargo it’s carrying, anything from over-packing
cargo to unsecured items could cause a problem on the road. Here are some
types of accidents that could be caused by various types of commercial trucks:
Tractor-trailers: Big rigs and semis are designed to travel long stretches of time. They
are large and also come with equally large blind spots. They also have
higher centers of gravity, which can cause them to roll over more easily.
These are usually involved in accidents resulting from an inability to
see a smaller car or by overturning.
Tankers: Tanker trucks haul liquids and gases, many of which are hazardous. Because
of their shape, they are also prone to rollovers. If one of these ruptures,
they can also cause toxic reactions in people nearby or can explode.
Flatbeds: These are long open trailers, which are easy to load and unload cargo.
Because they are open, however, they can cause accidents if their cargo
isn’t secured properly and becomes dislodged from the vehicle.
Tow trucks: These are usually run by private operators and can weigh much more than
10,000 pounds. They aren’t always driven by a trained driver, so
many times accidents involving these trucks can be blamed on a negligent
driver or his or her negligent employer.
All of the above are also prone to similar accidents caused by similar
circumstances. The shape of these vehicles can all cause them to jackknife
when they need to brake suddenly. If too much pressure is put on their
tires, the trucks can also experience tire blowouts, which can be disastrous
to nearby cars. Additionally, because they are so large, anytime one of
these trucks strikes a car on the side or head-on, they can cause an extreme
amount of damage to the smaller vehicle.
What Are the Federal Motor Carrier Safety Regulations?
Because these vehicles have such an enormous potential for damage, both
state and federal regulation keeps them in check. Without a special permit,
no commercial truck is allowed to be more than 80,000 pounds fully loaded
with cargo. Likewise, rules prevent trucking companies from taking advantage
of their drivers forcing them to work more hours than their bodies can
handle, as often happened in the past. Federally, the Federal Motor Carrier
Safety Administration oversees and implements regulations. If a driver
or company violates these laws, they are in charge of implementing civil
How is Fault in a Truck Accident Determined?
Liability in truck accident cases can be quite complicated. There are many
players involved in the trucking industry, including the driver, the company
who employs the driver, the people who maintain the truck, and the manufacturer
who made the parts that comprise the vehicle. If the driver is an independent
contractor and is found responsible for the accident, he or she is fully
liable for any damages caused. In cases like these, the driver will usually
have insurance to cover the cost of compensation; however, if this insurance
isn’t enough, or he or she has no insurance at all, you will have
to file a civil suit to recover compensation.
If the driver is employed by a company, even if the driver is responsible
for the error that caused the crash, the company would be held liable
for the incident. You would then file a claim with the business’s
insurance company. A truck is also maintained and calibrated by certain
individuals. These technicians could be independent contractors or could
be employed by the people who own the truck. Depending on the situation,
whoever was responsible for failing to notice a deficiency in the vehicle,
such as a worn-out tire, he or she would be on the hook for negligence.
However, in cases where a truck part itself was flawed, or if the vehicle
was improperly put together, you would file a lawsuit against the manufacturer.
This situation, however, can be particularly difficult to determine without
an investigation into the cause of the truck accident.
Call Our Truck Accident Lawyers in San Jose for a FREE Consult
Because liability is so hard to determine, it can also be equally difficult
to prove negligence. However, our experienced San Jose truck accident
attorneys have decades of experience to offer your case. We have worked
on many truck accident cases in the past and can provide legal advice
and compassionate advocacy. Let us take a look at your case.
You may be eligible for compensation for your medical bills, lost wages,
property damage, and pain and suffering if a trucker, truck company, or
truck manufacturer is found liable for your injury. Over the course of
our history, Habbas & Associates has recovered more than $450 Million
in verdicts and settlements for our past clients. Let us see what we can
do for you and your family.
Contact us at
(888) 387-4053 or fill out our online form to
schedule a free case consultation today. Our truck accident lawyers in San Jose look forward to speaking with you.