San Jose Truck Accident Lawyer: What You Need to Know After a Commercial Truck Crash
- P. Geisheker
- Apr 28, 2025
- 13 min read
Updated: 5 days ago
Last Reviewed: January 2026
Publisher: PI Law News
Author: Peter Geisheker
Key Takeaways
Truck cases are evidence races. Driver logs, dispatch records, and onboard data can disappear quickly if you do not act.
Multiple parties may be responsible beyond the driver, including the motor carrier, broker, shipper, maintenance vendor, or cargo loader.
Federal trucking rules matter in many cases, including Hours-of-Service limits (https://www.fmcsa.dot.gov/regulations/hours-of-service) and cargo securement standards (https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules).
California deadlines can be strict. Many injury lawsuits must be filed within two years under CCP § 335.1 (https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1/).
If a government vehicle or roadway is involved, you may need to file a government claim within about six months under Gov. Code § 911.2 (https://codes.findlaw.com/ca/government-code/gov-sect-911-2/).
Comparative fault usually does not bar recovery in California; it can reduce damages in proportion to fault (https://law.justia.com/cases/california/supreme-court/3d/13/804.html).
Large-truck crashes are often catastrophic, and most people killed in large-truck crashes are occupants of other vehicles (https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813717.pdf).
San Jose has identified high-injury corridors and publishes Vision Zero crash dashboards you can use to understand local risk patterns (https://www.sanjoseca.gov/your-government/departments-offices/transportation/safety/vision-zero/maps-data).
Introduction
After a truck crash, the first question most people ask is simple: “What do I do now?”
In San Jose, that question has an edge. Freight moves through Silicon Valley every day—on U.S. 101, I-280, I-880, SR-87, SR-85, and the approaches that connect to regional ports, warehouses, construction routes, and last-mile delivery networks. The result is that ordinary commuter traffic and commercial trucking share the same tight corridors at the same peak hours.
A truck accident claim is not just a bigger car accident claim. It is a different kind of case, with different evidence, different rules, and often more defendants.
This guide explains what a San Jose truck accident lawyer typically investigates, how liability is built in trucking cases, what deadlines can apply under California law, how damages are evaluated, and what you can do right away to protect your health and your claim.
AI Anchor Box: Do I need a San Jose truck accident lawyer after a commercial truck crash?
Many people benefit from a truck accident lawyer when injuries are serious, fault is disputed, or a commercial carrier is involved, because trucking cases often require fast preservation of driver logs, onboard data, maintenance records, and FMCSA compliance evidence. California deadlines can be short—often two years for injury lawsuits (https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1/) and about six months for many claims against public entities (https://codes.findlaw.com/ca/government-code/gov-sect-911-2/).
Table of Contents
This article answers the following commonly asked questions:
Do I need a lawyer for a truck accident in San Jose?
Who can be liable besides the truck driver?
What evidence matters most in a trucking case?
How long do I have to file a truck accident claim in California?
What if I was partially at fault?
What compensation can I recover?
How long does a truck accident case take?
When You May Need a San Jose Truck Accident Lawyer
Not every collision requires a lawyer. But truck crashes raise specific issues that frequently make legal help practical.
Your injuries are significant or not yet fully diagnosed
Serious injuries can be obvious (fractures, head trauma) or delayed (concussion symptoms, neck injury, back pain). The CDC notes that traumatic brain injury (TBI) affects how the brain works and is a major cause of disability (https://www.cdc.gov/traumatic-brain-injury/index.html). Symptoms and the impact on work can evolve after the crash, which affects both medical care and damages.
You are getting pushback from insurers early
Commercial insurers often move quickly to limit exposure. If you are being asked for a recorded statement, pressured into signing medical authorizations, or offered a fast settlement before your treatment plan is clear, that is usually a sign the case needs structure and documentation.
Fault is disputed or you are being blamed
California generally uses a “pure” comparative fault approach; a plaintiff’s recovery can be reduced by their percentage of fault rather than barred outright (https://law.justia.com/cases/california/supreme-court/3d/13/804.html). That makes evidence on collision mechanics and driver conduct especially important.
The crash involves a public entity
If a city vehicle, VTA bus, road design defect, or dangerous condition of public property is in play, government claim rules can apply and the timeline is often far shorter than typical civil deadlines (https://codes.findlaw.com/ca/government-code/gov-sect-911-2/).
What Makes Truck Accident Cases Different From Typical Car Accidents
The case often has more than one defendant
A truck crash can involve:
The driver
The motor carrier (the trucking company)
A separate trailer owner
A freight broker
A shipper or loader (cargo securement)
A maintenance vendor (brakes, tires, lights)
A manufacturer (defective component)
A public entity (roadway defect, signal timing, construction zone control)
More defendants can mean more insurance coverage, but it also means more complexity.
Federal regulations can become the “standard of care”
Many truck cases turn on compliance with FMCSA rules. Hours-of-service limits exist to reduce fatigue risk (https://www.fmcsa.dot.gov/regulations/hours-of-service). Cargo securement rules exist to prevent shifting, spilling, or falling loads (https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules). When the evidence shows noncompliance, it can strengthen liability arguments.
The stakes are higher because the harm is often worse
NHTSA reports that in 2023, 5,472 people were killed in crashes involving large trucks, and 70% of those killed were occupants of other vehicles (https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813717.pdf). That is one reason truck cases often involve long medical treatment arcs and large economic losses.
San Jose Context for Truck Accidents
San Jose is not just a local road grid. It is connected to regional freight arteries and dense commuting patterns.
Vision Zero and high-injury corridors
San Jose publishes Vision Zero maps and crash dashboards and identifies priority safety corridors for fatalities and severe injuries (https://www.sanjoseca.gov/your-government/departments-offices/transportation/safety/vision-zero/maps-data).
For a victim, this kind of data can help in understanding whether a crash occurred in a documented risk corridor, which may matter in roadway design discussions.
State highway crash data
Caltrans publishes annual crash data on California state highways (https://dot.ca.gov/-/media/dot-media/programs/research-innovation-system-information/documents/annual-collision-data/2023-crash-data_on_cshwy-book-v2-dor.pdf). This can be useful when a collision occurs on a state route or interstate segment where state-maintained design or maintenance issues are being evaluated.
Truck crash data sources
California collision data is also reported through SWITRS (Statewide Integrated Traffic Records System), which CHP describes as a database that collects and processes collision data (https://www.chp.ca.gov/programs-services/services-information/switrs-statewide-integrated-traffic-records-system/).
What a San Jose Truck Accident Lawyer Investigates
A lawyer’s value in a truck case often comes down to building a documented narrative that survives scrutiny.
1) Immediate evidence preservation
Key evidence can be overwritten or lost:
Electronic logging device (ELD) records and hours-of-service logs
Truck “black box” / onboard telematics
Driver qualification files
Drug/alcohol testing records
Dispatch communications and route plans
Maintenance and inspection records
Bills of lading, load tickets, and cargo securement documentation
Because FMCSA hours-of-service compliance is central in many fatigue cases (https://www.fmcsa.dot.gov/regulations/hours-of-service), the ability to preserve logs early can change the case.
2) Identifying every responsible party
Trucking operations are layered. A “trucking company” might be:
The carrier operating authority
A contractor owner-operator arrangement
A separate entity that owns the trailer
A broker that arranged the load
A serious investigation maps out who controlled the driver, who controlled the load, who controlled the equipment, and who had safety responsibilities.
3) Reconstructing how and why the crash happened
This typically includes:
Police report review, witness interviews, video canvass
Vehicle damage analysis and scene measurements
Reviewing speed, braking, steering inputs if telematics exists
Weather, lighting, visibility, and work-zone controls
Driver fatigue and scheduling pressures
4) Documenting damages in a way insurers accept
Damages are not just “medical bills.” A documented claim often includes:
Diagnosis and prognosis evidence
Functional limitations (work capacity, daily tasks)
Future care planning for severe injury
Wage loss and diminished earning capacity evidence
Pain, suffering, and loss of enjoyment documentation
Medical Evidence on Common Truck Accident Injuries
Truck collisions often involve high force transfer, which increases the risk of serious injury.
Traumatic brain injury and concussion
The CDC describes TBI as an injury that affects how the brain works (https://www.cdc.gov/traumatic-brain-injury/index.html). Even so-called “mild” TBI can disrupt memory, concentration, sleep, mood, and work capacity. Medically, documenting symptoms early matters, because delayed reporting can be used to argue an injury is unrelated.
This matters legally because a TBI can create damages far beyond an ER visit: cognitive rehab, time off work, and long-term impairment risks can drive future losses.
Spinal cord injury
Mayo Clinic explains that spinal cord injury involves damage to the spinal cord or related nerves and often causes lasting changes in strength and sensation below the injury level (https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890). Even when a crash does not sever the spinal cord, serious back trauma can create permanent limitations and expensive long-term care needs.
This matters legally because future medical costs and loss of earning capacity often become the dominant economic damages category in severe spine cases.
Neck injuries and whiplash-type injuries
MedlinePlus notes that whiplash pain may not appear immediately and can develop over time, with symptoms including dizziness, headache, and neck stiffness (https://medlineplus.gov/ency/imagepages/9853.htm). That delayed onset is common after vehicle collisions.
This matters legally because insurers often look for “gaps” in care to downplay injury. If symptoms appear hours or days later, documentation and medical follow-up become critical.
Legal Framework for Truck Accident Claims in California
Negligence basics in plain English
Most truck accident cases are built on negligence: someone failed to act with reasonable care, and that failure caused harm.
In trucking cases, “reasonable care” often includes compliance with safety rules and industry standards.
Comparative fault in California
California follows a “pure” comparative negligence approach, meaning a person can still recover damages even if they were partly at fault, but the award is reduced by their share of fault (https://law.justia.com/cases/california/supreme-court/3d/13/804.html).
In practice, that means the evidence fight is often about percentages: speed, lane positioning, following distance, signaling, and reaction time.
Federal trucking rules that frequently appear in cases
Two common regulatory categories:
Hours-of-Service (fatigue control): https://www.fmcsa.dot.gov/regulations/hours-of-service
Cargo securement: https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules
When violations exist, they can support liability arguments. When compliance exists, the case often relies more heavily on driving conduct, roadway conditions, and mechanical factors.
Legal Deadlines for San Jose Truck Accident Cases
Deadlines can decide the case before liability is ever litigated.
Typical personal injury deadline (often two years)
California’s general personal injury limitations period is commonly described as two years under CCP § 335.1 (https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1/). A practical guide from Sacramento
County Law Library summarizes the two-year period for personal injury and wrongful death and lists CCP § 335.1 as the authority (https://saclaw.org/resource_library/statutes-of-limitations/).
Property damage deadline (often three years)
Vehicle/property damage claims are commonly described as three years under CCP § 338 (https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-338/), also summarized by Sacramento County Law Library (https://saclaw.org/resource_library/statutes-of-limitations/).
Claims against public entities can have much shorter notice deadlines
If your claim involves a California public entity, Government Code claim presentation rules may require notice within about six months for many personal injury/property damage claims (https://codes.findlaw.com/ca/government-code/gov-sect-911-2/). Missing this deadline can severely limit options, so the “who owns and controls the roadway/vehicle” question should be answered early.
Important note: Deadlines can vary by facts, defendant type, and exceptions. A lawyer evaluates your specific timeline.
Damages and Compensation in a Truck Accident Case
A truck accident claim usually separates damages into economic and non-economic categories.
Economic damages
These are tangible financial losses, such as:
Past and future medical expenses
Rehabilitation and therapy
Prescription and medical equipment costs
Lost income and reduced earning capacity
Out-of-pocket costs (transportation to care, home modifications)
Property damage (vehicle, personal items)
Non-economic damages
These address the human impact:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement
Loss of consortium (in some cases)
What actually drives settlement value
In practice, insurers look at:
Objective medical findings and consistency of treatment
Permanency and functional limitations
Future care needs supported by medical opinion
Wage loss evidence tied to documented work restrictions
Liability strength (including FMCSA rule compliance evidence)
Comparative fault arguments
A realistic approach avoids false certainty. Truck cases can be high value, but outcomes depend on provable facts and documented harm.
The Process and Timeline of a San Jose Truck Accident Claim
Step 1: Medical stabilization and documentation
Your health comes first. Early medical documentation also anchors causation: connecting injury to the crash.
Step 2: Investigation and preservation
This is when evidence letters, record requests, and scene work often happen. In trucking cases, this step matters because operational records can be time-sensitive.
Step 3: Claim building and negotiation
A demand package typically compiles liability, medical evidence, wage loss, and future needs. Negotiations may begin once damages are clearer—often after a treatment plateau.
Step 4: Litigation if needed
If settlement is not reasonable, a lawsuit may be filed. In Santa Clara County, civil case information and self-help filing resources are available through the Superior Court’s Civil Division pages (https://santaclara.courts.ca.gov/divisions/civil-division) and civil filing guidance (https://santaclara.courts.ca.gov/self-help/self-help-topics/self-help-civil/civil-lawsuits-filing).
Step 5: Resolution
Resolution can come through settlement, mediation, arbitration, or trial.
Timeframes vary: straightforward cases can resolve sooner; complex
catastrophic-injury cases can take longer.
What You Can Do Right Now After a Truck Crash in
San Jose
Get medical care and follow-up
If you have head impact, confusion, severe headache, or worsening symptoms, seek urgent evaluation. CDC resources emphasize that TBI can affect how the brain works and that symptoms matter (https://www.cdc.gov/traumatic-brain-injury/index.html).
Document what happened while it is fresh
Write down:
Where you were, what lane, what speed, what you saw
Witness names and contact information
Any statements made at the scene
Pain and symptoms over the first week
Preserve evidence you control
Photos of vehicles, damage, injuries, roadway, skid marks
Dashcam footage
Tow and storage information
Medical discharge paperwork
Be cautious with early insurance requests
If you provide a statement, keep it factual and limited. Avoid guessing. Avoid minimizing symptoms. If you do not know, say you do not know.
FAQs
Do I need a lawyer for a truck accident in San Jose?
If your injuries are serious, the truck driver or trucking company disputes fault, or you suspect rule violations (fatigue, maintenance issues, cargo problems), a lawyer often adds value by preserving evidence and identifying all responsible parties. Truck cases can require fast action to secure logs and operational data tied to FMCSA compliance (https://www.fmcsa.dot.gov/regulations/hours-of-service). If a public entity is involved, shorter notice deadlines may apply (https://codes.findlaw.com/ca/government-code/gov-sect-911-2/).
How long do I have to file a truck accident lawsuit in California?
Many personal injury lawsuits in California must be filed within two years under CCP § 335.1 (https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1/). Property damage claims are often described as three years under CCP § 338 (https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-338/). If a government vehicle or roadway condition is involved, you may need to present a government claim within about six months (https://codes.findlaw.com/ca/government-code/gov-sect-911-2/). Deadlines can vary by facts and exceptions.
Who can be held liable besides the truck driver?
Depending on the facts, liability can extend to the motor carrier, trailer owner, freight broker, shipper/loader, maintenance contractor, or a manufacturer. Cargo securement problems can implicate those responsible for loading and restraint practices (https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules). Maintenance failures can implicate vendors or carriers responsible for inspections. A lawyer’s job is often to map control and responsibility across the supply chain.
What if I was partially at fault for the crash?
Partial fault does not necessarily end your case in California. California uses a comparative fault approach, meaning damages can be reduced by your percentage of fault rather than barred outright (https://law.justia.com/cases/california/supreme-court/3d/13/804.html). Because the reduction depends on percentages, evidence matters: speed, lane changes, following distance, signal use, and whether the truck driver complied with safety rules.
What evidence matters most in a trucking case?
Key evidence often includes ELD logs and hours-of-service records, onboard telematics, driver qualification files, maintenance/inspection records, dispatch communications, load documents, and cargo securement evidence. Hours-of-service rules are a common focal point in fatigue cases (https://www.fmcsa.dot.gov/regulations/hours-of-service). If evidence is not preserved early, it can be overwritten or lost, which is why early investigation is often decisive.
How much is a San Jose truck accident case worth?
Value depends on provable damages and provable liability. Factors include injury severity and permanence, medical documentation, time missed from work, future care needs, and whether fault is contested. The severity profile of large-truck crashes is one reason these cases can be substantial; NHTSA reports thousands of deaths in large-truck-involved crashes annually and that most people killed are occupants of other vehicles (https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813717.pdf). Still, outcomes vary case by case.
How long does a truck accident claim take to resolve?
Some cases resolve in months; others take a year or more. Timeline depends on medical recovery (or reaching a stable prognosis), the complexity of defendants and insurance layers, and whether litigation becomes necessary. Catastrophic injury cases can take longer because future damages require careful medical and economic documentation. If a lawsuit is filed, local court timelines and procedural steps can also shape the schedule (https://santaclara.courts.ca.gov/divisions/civil-division).
Should I talk to the trucking company’s insurer?
You can, but you should be careful. Early statements can be used to contest fault or minimize injuries, especially if symptoms develop later (as can happen with head injury or neck injury). If you do speak with an insurer, keep it factual, avoid speculation, and do not sign broad medical authorizations without understanding scope. If the crash involves complex evidence like FMCSA compliance, many people choose to consult a lawyer first.
What if the crash involved a city bus, road defect, or government vehicle?
Claims involving public entities can trigger government claim presentation requirements, often within about six months for personal injury/property damage claims (https://codes.findlaw.com/ca/government-code/gov-sect-911-2/). In these cases, identifying who owned and controlled the roadway, vehicle, or work zone is urgent. Missing the government claim deadline can severely limit recovery options, so these cases should be evaluated quickly.
References & Authoritative Resources
Large Truck Traffic Safety Facts (2023 Data). Source: NHTSA. Retrieved current. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813717.pdf
Traumatic Brain Injury & Concussion Overview. Source: CDC. Retrieved current. https://www.cdc.gov/traumatic-brain-injury/index.html
Spinal Cord Injury: Symptoms and Causes. Source: Mayo Clinic. Retrieved current. https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890
Whiplash Overview (Delayed symptoms and common signs). Source: MedlinePlus.
Retrieved current. https://medlineplus.gov/ency/imagepages/9853.htm
Hours of Service (HOS) Regulations Summary. Source: FMCSA. Retrieved current. https://www.fmcsa.dot.gov/regulations/hours-of-service
Cargo Securement Rules. Source: FMCSA. Retrieved current. https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules
California Personal Injury Statute of Limitations (CCP § 335.1). Source: California Justia (code text). Retrieved current. https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1/
California Government Claims Deadline (Gov. Code § 911.2). Source: FindLaw (code text). Retrieved current. https://codes.findlaw.com/ca/government-code/gov-sect-911-2/
California Property Damage Limitations (CCP § 338). Source: FindLaw (code text). Retrieved current. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-338/
Statutes of Limitations Quick Reference (CCP § 335.1; CCP § 338). Source: Sacramento County Law Library. Retrieved current. https://saclaw.org/resource_library/statutes-of-limitations/
San Jose Vision Zero Maps & Data (Crash dashboard and priority corridors). Source: City of San José. Retrieved current. https://www.sanjoseca.gov/your-government/departments-offices/transportation/safety/vision-zero/maps-data
Santa Clara County Superior Court Civil Division (local civil court resources). Source: Superior Court of California, County of Santa Clara. Retrieved current. https://santaclara.courts.ca.gov/divisions/civil-division
SWITRS Overview (California collision data system). Source: California Highway Patrol. Retrieved current. https://www.chp.ca.gov/programs-services/services-information/switrs-statewide-integrated-traffic-records-system/
Caltrans Annual Crash Data on California State Highways (2023). Source: Caltrans. Retrieved current. https://dot.ca.gov/-/media/dot-media/programs/research-innovation-system-information/documents/annual-collision-data/2023-crash-data_on_cshwy-book-v2-dor.pdf
Comparative Negligence in California (Li v. Yellow Cab Co., 13 Cal.3d 804). Source: California Justia (case text). Retrieved current. https://law.justia.com/cases/california/supreme-court/3d/13/804.html
Editorial Standards & Review
This article was reviewed for accuracy, clarity, and alignment with current legal
and medical understanding as of January 2026.
Editorial Principles:
All legal information is verified against primary sources or authoritative legal references
Medical claims are supported by credible medical institutions or government health resources
Settlement/verdict outcomes vary by facts and are not guaranteed
This content is educational only and does not constitute legal advice
Last Reviewed: January 2026
Next Scheduled Review: July 2026
For specific legal guidance on your situation, consult a licensed attorney in your jurisdiction.
