Have you been injured in a trucking accident in San Jose? These accidents can be terrifying and life-changing, leaving you with serious injuries, lost wages, and a pile of medical bills.
You are entitled to compensation if the accident wasn’t your fault and you believe a trucking company’s negligence was involved. To rule out the possibilities, you should always consult an experienced San Jose truck accident lawyer.
Let’s understand how trucking company negligence can lead to accidents, the damages you can recover.
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The Dangers of Trucking Company Negligence
Large commercial trucks are standard on our roads but can also be dangerous. When a trucking company fails to prioritize safety, the consequences can be devastating. Here are some common ways trucking company negligence leads to accidents:
- Exhausted drivers: Trucking companies sometimes pressure drivers to meet unrealistic deadlines, leading to fatigue. A fatigued driver is likely to make mistakes behind the wheel, such as slower reaction times or drifting out of lanes.
- Distracted driving: Just like car drivers, truck drivers can become distracted by texting, talking on the phone, or using GPS devices. These distractions can take a driver’s eyes off the road and lead to a collision.
- Poor truck maintenance: Trucking companies are responsible for ensuring their vehicles are properly maintained. Faulty brakes, tires, or lighting systems can all contribute to accidents.
- Improper cargo loading: Trucks can become unstable and dangerous if cargo is not loaded and secured correctly. If cargo spills or falls onto the road, it can cause a severe accident.
- Negligent hiring: Trucking companies should only hire qualified drivers with a clean driving record. If a company hires a driver with a history of reckless driving or safety violations, they could be liable for any accidents.
These are just a few examples of how trucking company negligence can lead to accidents. If you’ve been injured in a collision with a truck, it’s essential to investigate the cause of the accident to see if a trucking company’s negligence played a role.
What Damages Can You Recover After a Trucking Accident?
If you’ve been injured in a trucking accident caused by a trucking company’s negligence, you may be entitled to compensation for a variety of damages, including:
- Medical expenses: This includes all past and future medical bills related to your injuries, such as hospital stays, doctor visits, surgery, medication, and rehabilitation.
- Lost wages: If you cannot work due to your injuries, you can recover compensation for lost wages.
- Reduced earning capacity: If your injuries prevent you from returning to your previous job or you can only work in a limited capacity, you may recover compensation for your lost earning potential.
- Pain and suffering: This includes compensation for the physical and emotional pain you have endured as a result of the accident.
- Property damage: If your vehicle or other property was damaged in the accident, you can recover compensation for repairs or replacement.
The specific amount of compensation you may be entitled to will vary depending on the severity of your injuries, the impact on your life, and the particular facts of your case.
How to Beat the Trucking Company’s Legal Team?
Trucking companies have ample insurance policies and often have a team of lawyers working to protect their interests. Going up against a trucking company’s legal team can be intimidating, but you don’t have to fight this battle alone.
An experienced San Jose trucking accident attorney can:
- Investigate the accident: Your attorney will gather evidence to determine the cause of the accident and identify the parties who are liable.
- Deal with the insurance company: Trucking companies have insurance companies working for them, and these companies are not always eager to pay out large settlements. Your attorney will handle all communication with the insurance company and fight for a fair settlement offer.
- Negotiate a settlement: In most cases, trucking accident claims are settled before trial. Your attorney will negotiate with the trucking company’s insurance company to get you the maximum compensation possible.
- Go to trial: If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial.
Conclusion
Trucking accidents can be complex legal matters. The causes can be multifaceted, involving driver error, company negligence, or even road conditions. Furthermore, trucking companies have significant resources at their disposal.
If you’ve been injured in a trucking accident in San Jose, particularly if you believe a trucking company’s negligence may have been a factor, consulting an experienced San Jose truck accident attorney is crucial. An attorney can help you navigate the legal process, investigate the cause of the accident, and ensure you understand your rights.
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