Being involved in a truck accident can lead to catastrophic injuries and extensive property damage. Many victims are discouraged from seeking compensation because this often means going against a trucking company. A truck accident attorney in San Jose will protect your rights.
Omega Law Group is dedicated to empowering injured victims throughout California to fight for justice. Our legal team has decades of combined legal experience helping clients rebuild their lives; we have recovered millions of dollars in settlements and verdicts. Call our San Jose personal injury lawyers to schedule a free initial consultation today.
We Provide Effective Legal Strategies for Truck Accident Claims
Truck accidents tend to be more complicated than a standard two-vehicle collision claim. These cases involve a series of regulations specific to the trucking industry, such as federal and state laws governing hours of service, maintenance standards, and driver qualifications. Also, determining liability in truck accidents can be intricate, as different parties could be responsible.
Our lawyers easily navigate the intricacies of truck accident cases, understanding the unique challenges they pose. Over the years, we have built a track record of securing successful case results. We can handle all legal aspects of your case so you can focus on healing and spending quality time with your loved ones.
Available Damages for Truck Accident Victims
The substantial size and weight of commercial trucks contribute to more severe consequences in the event of accidents, leading to catastrophic injuries and significant property damage. Common truck accident injuries include traumatic brain injuries (TBIs) and spinal cord damage.
When involved in crashes, the sheer force and momentum generated by these large vehicles can result in devastating outcomes. A San Jose truck accident attorney from our team will calculate your losses and estimate future expenses to have a complete view of the collision’s financial impact on your life.
After a truck accident, you could recover different types of damages, including:
- Medical bills
- Future medical expenses
- Property damage
- Lost wages
- Loss of earning potential
- Emotional distress
- Pain and suffering
- Loss of consortium
We gather and analyze all relevant evidence that documents how much money you spent or are likely to spend still. Our lawyers also work closely with you to understand the intangible losses you’ve experienced, such as pain and suffering. By assessing both economic and non-economic damages, we will show the truck accident’s true impact on your well-being.
Identifying the Liable Party in a Truck Accident
Determining responsibility is crucial for initiating legal action and seeking compensation for damages. In the complex world of truck accidents, multiple parties may share liability, so it can be difficult to identify who to hold accountable without legal assistance.
If you were involved in a truck accident, the following parties could be at fault:
- Truck driver
- Trucking company
- Vehicle maintenance contractors
- Truck manufacturer
- Shipping or loading companies
Your truck accident attorney will investigate the circumstances surrounding the accident to identify whose negligence or reckless action caused your injuries. They will also review a wide range of evidence, including police reports, eyewitness accounts, and available video footage.
Proving Liability in a Truck Accident Case
Liability refers to legal responsibility for one’s actions or omissions that result in harm or damage to others. In the context of personal injury law, liability determines who is at fault or legally responsible for the injuries or losses suffered by another party.
Establishing liability is a crucial aspect of legal proceedings, as it influences the outcome of a case and determines the obligations of the responsible party to compensate the injured party. Liability can be attributed to individuals, companies, or entities whose negligence, recklessness, or intentional actions directly contribute to the harm experienced by another.
To determine negligence in a truck accident case, your lawyer will focus on the following elements:
- Duty of care: Assess whether the defendant owed a duty of care to the plaintiff under the circumstances.
- Breach of duty: The defendant failed to uphold the standard of care expected in the given situation. This involves identifying actions or omissions that deviate from the duty of care owed to others on the road.
- Causation: There is a direct link between the defendant’s breach of duty and the injuries or damages suffered by the plaintiff. This element requires demonstrating that the negligent actions were a substantial factor in causing the harm.
- Damages: Demonstrate the actual losses or harm suffered by the plaintiff as a result of the defendant’s negligence.
What you do after a truck accident will impact the value of your case. At Omega Law Group, we’ll help you take the right action to protect your right to recover fair compensation.
The Insurance Company Is Not Your Friend
In the context of a truck accident (which often involves substantial damages and injuries), navigating the claims process without legal representation can be particularly challenging. Insurance companies are profit-driven entities, and their interests may not align with securing the maximum compensation you deserve.
Our truck accident lawyers in San Jose will represent your interests throughout the negotiation. We know how to combat the strategies claim adjusters use and present a compelling case. If insurance adjusters refuse to settle on a fair amount, we will take your case to court.
California’s Statute of Limitations for Personal Injury Lawsuits
The statute of limitations sets a specific time frame for taking legal action against the defendant. Generally, under California law, the statute of limitations for personal injury cases is two years from the date of the injury. Based on the details of your case, different deadlines could apply. For example, you could recover property damage within three years.
This means that individuals have a limited window of time to initiate legal proceedings and seek compensation for damages. Failing to file within the stipulated period may result in the loss of the right to pursue a lawsuit.
Call Our San Jose Truck Accident Lawyers Today
The legal aftermath of a truck accident can be confusing, but with professional legal help, you could get the money you need to rebuild your life. Omega Law Group will give you all the information you need to make the important decisions in your case confidently.
At our personal injury law firm, we treat clients like family. Our approach centers on building strong attorney-client relationships and fostering open communication. Contact us today to share your experience.