Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
San Jose is beautiful. Founded in 1777, it’s one of the oldest cities on the West Coast, with a mild climate, gorgeous Bay and many architectural and cultural landmarks that make it a great place to live or travel. Unless you’ve been involved in an accident with a big truck, that is.
Luckily, there are plenty of truck accident lawyers in San Jose who can help you recover from your injuries and get back to enjoying the city. Our team has put together a list of the best truck accident lawyers in the area and provided guidance on how to find the right attorney for you.
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Best Truck Accident Attorneys in San Jose
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California Trucking Laws
Accidents involving big trucks are, in some ways, just like other auto accidents. They’re governed by state personal injury laws just like car accidents involving residents of the state of California.
Accidents involving trucks can be further complicated, however, by the interstate nature of their travel. While there are lots of trucks that only travel from one place in California to another—it is a pretty big state, after all—many other trucks cross state lines.
Because the driver and the company employing them may not be residents of California, holding a truck driver accountable can be more complicated than other defendants in auto accident cases. This is why it’s so important to find an attorney with experience in truck accident law.
Below is a short summary of some laws that apply to California truck accidents.
Statute of Limitations in San Jose
California has a two-year statute of limitations on most personal injuries.
This means you have to file your case within two years of the initial injury or the date your injury is discovered—not that your case must be resolved within that period. In fact, some complicated truck accident cases can take much longer than two years to work their way through the courts.
Determining Fault in San Jose
California determines fault using a system called pure comparative negligence.
Under this approach, the court will find fault for an injury and assign a percentage of that fault to each party involved. Everyone can then recover for their damages, but is also responsible for their percentage of the overall damages.
For example, imagine an accident between a truck and a car.
- The truck driver suffers $20,000 in damages and is found to be 20% at fault.
- The car driver suffers $10,000 in damages and is found to be 80% at fault.
The court looks at the total damages, $30,000, and awards it based on need and responsibility for the accident. Under pure comparative negligence, each person is completely responsible for their percent of fault and can recover from other drivers for their individual level of fault.
In this example, the truck driver is entitled to $16,000 from the car driver. The car driver is entitled to only $2,000 from the truck driver because they can only recover 20% of their damages.
California Limits on Truck Accident Injury Recovery
California generally doesn’t put caps on what you can recover in a trucking accident. This is different, however, if you are uninsured or intoxicated.
- Uninsured drivers can usually not recover non-economic damages like pain and suffering from a car accident regardless of who caused the accident.
- If the driver of the other vehicle is under the influence of drugs or alcohol, however, the uninsured driver can recover non-economic damages if they weren’t at fault.
Truck Accident Statistics in the United States
According to the Federal Motor Carrier Safety Administration, there was a decline in large truck and bus crashes and fatalities over the last year on record. The last year on record, though, was 2020, so it would be surprising if these numbers hadn’t decreased during the pandemic.
- In 2020 there were 4,998 fatal crashes involving trucks and buses, a 5% decrease from 2019
- Most of these were truck crashes—4,842
- There were 119,000 large trucks involved in crashes that resulted in injury
- The number of large trucks involved in property damage only crashes decreased from 414,000 in 2019 to 327,000 in 2020
How to Find a Truck Accident Lawyer in San Jose, CA
If you’ve been hurt by an accident involving a truck, you need to look for a lawyer with experience. Truck accident law is a relatively narrow area of law—a niche within auto accident law that is, itself, a part of personal injury law.
The primary consideration when looking for a truck accident lawyer must be that the lawyer who will represent you has experience with truck accidents. If possible, try and make sure they have experience with your exact type of case.
For example, your lawyer should have experience dealing with an out-of-state trucking company or driver if you were involved in an accident that has those factors present. If there were multiple vehicles besides yours and the truck involved, make sure your attorney has dealt with that situation before.
Once you’ve found some truck accident lawyers in San Jose who have the right experience, consider the following as well:
- How do they bill? Most truck accident attorneys work on a contingency basis, which means they receive a percentage of your settlement. The normal range is 25% to 35%. You should also make sure you understand how this fee is calculated and how payment will be processed if you do get a settlement or verdict in your favor.
- How do they communicate? A good lawyer should communicate promptly when there are developments in your case and should update clients regularly.
- How do clients and other attorneys feel about them? If an attorney is hesitant to put you in contact with former clients, that’s a big red flag. Your lawyer should be able to provide contact for satisfied customers for the type of case you’re bringing. It’s also a good sign if an attorney gets many referrals from other attorneys—you want the kind of lawyer working for you that experts in the law would want to recommend or hire.
Methodology
To come up with the Best Truck Accident Lawyers in San Jose in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Do I have to pay taxes on a trucking accident settlement in California
Typically, any payment from a lawsuit that relates directly to a physical injury is not taxed in California. This includes lost wages and treatment costs. The pain and suffering or emotional distress payments you may receive are also not taxable in California. If the other party is assessed punitive damages—which would only happen at trial—however, these are taxable.
Note that the federal taxes may be slightly different. Lost wages, for example, are generally taxable at the federal level, at least to make up the Medicare and Social Security that you would have paid on the wages if they had been earned.
How much can someone sue for a truck accident in California?
There is no limit on how much someone can sue for, but they must be able to argue for whatever they claim. It’s usually easy to argue for what’s called “economic” damages—those are damages that you can account for precisely in exact dollar amounts like the cost of repairing your car or the treatment costs for your injury.
“Non-economic damages” are often harder to pin down. These are for pain and suffering or emotional distress. These numbers can be anywhere from $0 to millions of dollars.
What if my medical bills exceed my settlement in California?
Unfortunately, there is no provision in law for settlements that don’t fully cover medical costs. If, after all insurance and settlement proceeds are applied, you still owe, you will have to make arrangements to pay.
If your medical bills exceed the responsible party’s insurance policy, however, they are still responsible for the costs of the injuries they caused unless you agree to a settlement to accept less.
