San Jose Accident Attorney
San Jose Accident Attorney

Truck Accidents

San Jose Truck Accident Attorney

Proudly Serving San Jose and Surrounding San Jose!

If you were involved in a big rig accident through no fault of your own, you could be left with serious medical expenses. In addition, taking time off work to recover has probably impacted your ability to pay for emergency medical treatment and regular bills. Sometimes, an ambulance ride can rack up to thousands of dollars and can leave innocent victims with a serious bill to pay and no means to pay it.

At Mitchell & Danoff Law Firm, we’re here to help. When you hire our top-rated personal injury firm, you can know that your legal matters are in the hands of a professional team that has been advocating for clients’ rights and winning on behalf of thousands of clients since 1984.

Take a look at more reasons to choose our firm:

  • Millions in Compensation Recovered
  • Insurance Defense Experience
  • Personal Attention, Prompt Communication
  • No Up Front Fees & Free Case Reviews

Tab Mitchell has not only been an injury victim himself, but he’s worked for the insurance companies and knows exactly how they think. Let us put our insider’s knowledge to work on your case!


Contact our firm today by calling (831) 219-2110 to learn more about your legal options.


What To Do if You Are Involved in an 18-wheeler Accident

If you are in an accident involving an 18-wheeler, your first priority should be your safety. While there are some steps you can take to make filing your personal injury claim simpler, you should always seek immediate safety first. If you are involved in a truck accident you should:

  • Move away from traffic or danger if possible
  • Call 911 and request medical assistance
  • If you are able, collect the drivers contact information and their employers information
  • Give a police statement and collect the officers badge number
  • Seek professional medical assistance

It’s recommended that you don’t talk about the accident with the other drivers involved and avoid discussing the accident with the other drivers’ insurance company. If you are involved in an accident involving an 18-wheeler, it may be in your best interest to enlist the expertise of an attorney as soon as possible.

Common Types of Truck Accidents

Commercial truck drivers are held to incredibly high standards because of the dangers that their large vehicles pose. Commercial truckers drive for a living, so it is only normal to expect that they operate their vehicles professionally and safely. Unfortunately, this is not always the case. When a trucker fails to adhere to state traffic laws or chooses to ignore federal safety regulations set by the Federal Motor Carrier Safety Administration, the commercial trucker could put an average motorist at risk of injury or even death.

Big rig truck accidents can include the following:

  • Vehicle rollovers
  • Trailer jackknifing
  • Multiple car pileup
  • Explosions or oil fires
  • T-bone, rear-end, and head-on collisions
  • Cargo overloads leading to fall offs, spills, or rollovers
  • Toxic exposure to hazardous material in cargo

Big rig trucks can cause significant damage to innocent motorists. In addition to property damage, any accident involving a commercial vehicle can involve serious injuries and fatalities. Our clients should not have to pay for these damages, especially when a negligent truck driver or trucking company caused the accident.

For Experienced Legal Counsel, Call a San Jose Car Accident Lawyer!

At Mitchell & Danoff Law Firm, our San Jose personal injury lawyer knows your rights, and we know that you are entitled to seek compensation for your damages. Attorney Tab Mitchell has earned the prestigious AV Preeminent® Rating by Martindale-Hubbell® and is personally dedicated to every case. From first seeking medical assistance to securing the final outcome of your case, we can be at your side every step of the way.

Understanding Who May Be Liable For Your Truck Accident

Our Hollister, CA truck accident lawyer recognizes that truck accidents can result in devastating injuries and life-altering consequences for victims. In some cases, the liability for these accidents may extend beyond the truck driver and the trucking company. It is important to understand when a third party may be liable for your truck accident injuries in California.

Negligent Maintenance And Repair Companies

One common scenario where a third party may be liable for a truck accident is when maintenance and repair companies fail to properly service the truck. Negligent maintenance can lead to mechanical failures, such as brake malfunctions or tire blowouts, which can cause serious accidents. If it can be proven that a maintenance or repair company did not perform their duties adequately, they may share liability for the resulting injuries.

Cargo Loading And Securing Companies

Properly loading and securing cargo on a commercial truck is essential to maintaining stability and safety on the road. When cargo is loaded improperly or inadequately secured, it can shift during transit, leading to rollovers or spills that can cause accidents. In such cases, the company responsible for loading and securing the cargo may be held liable for the injuries and damages caused.

Manufacturers Of Defective Truck Parts

As our Hollister truck accident lawyer knows, sometimes, truck accidents occur due to defective parts or components within the truck itself. If it can be proven that a defect in the truck’s design or manufacturing led to the accident, the manufacturer of the defective parts may be liable. This can include defects in brakes, tires, steering systems, or other critical components.

Shipping And Freight Companies

In cases where truck accidents involve cargo that belongs to a shipping or freight company, liability may extend to the company responsible for arranging and overseeing the transportation of the goods. If the company’s actions or decisions contributed to the accident, they could be held accountable for the resulting injuries.

The Importance Of Legal Representation

Determining third-party liability in truck accident cases can be complex and may require a thorough investigation. Having experienced legal representation can significantly impact the outcome of your case.

Our team of dedicated attorneys has a deep understanding of California’s personal injury laws and the complexities of truck accident cases. We will meticulously investigate the circumstances surrounding your accident, gather evidence, consult with experts if necessary, and build a strong case on your behalf.

Seek Legal Assistance Today

If you or a loved one has been involved in a truck accident in California and you believe that a third party may be partially or fully liable for your injuries, it’s crucial to act promptly. Contact our office for a consultation to discuss your case and explore your legal options.We understand the challenges you are facing, and we are here to support you in your pursuit of justice and fair compensation. Call Mitchell & Danoff Law Firm, Inc today to speak with our Hollister truck accident lawyer and ensure that your rights are protected.

Truck Accident Attorney In San Jose

Proudly Serving San Jose And The Surrounding Areas!

If you were involved in a big rig accident through no fault of your own, you could be left burdened with serious medical expenses and financial strain. In addition, taking time off work to recover from injuries has likely impacted your ability to pay for emergency medical treatment and regular bills. It is surprising how quickly costs can accumulate; sometimes, an ambulance ride can amount to thousands of dollars, leaving innocent victims with hefty bills and no means to pay them.

At Mitchell & Danoff Law Firm (831) 219-2110, we are here to assist you in navigating these challenges. When you decide to hire our top-rated personal injury firm, you can have peace of mind knowing your legal matters are in the hands of a professional team devoted to advocating for clients’ rights. Since 1984, we have been winning on behalf of thousands of clients, ensuring they receive the compensation they deserve after unfortunate accidents.

Why Choose Mitchell & Danoff Law Firm?

There are numerous reasons to consider our firm when you seek legal representation after a truck accident:

  • Millions in Compensation Recovered: Our team has successfully recovered millions of dollars in compensation for our clients through diligent negotiation and litigation.
  • Insurance Defense Experience: Having experience working with insurance companies allows us to understand their tactics and strategies, equipping us to counteract their attempts to minimize payouts.
  • Personal Attention, Prompt Communication: We pride ourselves on providing personalized attention to every case. Our clients receive timely communication, so they are always informed about the status of their case.
  • No Upfront Fees & Free Case Reviews: We operate on a contingency fee basis, which means you do not need to worry about upfront fees. We provide free case reviews to evaluate your situation and discuss the best course of action.

What To Do If You Are Involved In An 18-Wheeler Accident

If you find yourself in an accident involving an 18-wheeler, your first priority should always be your safety. While there are steps you can take to simplify filing your personal injury claim, always ensure your immediate safety comes first. Here is a list of actions to consider if you are involved in a truck accident:

  1. Move away from traffic or danger if possible: It is critical to remove yourself from any immediate harm.
  2. Call 911 and request medical assistance: In cases of injury, it is crucial to get medical help as soon as possible.
  3. If you are able, collect the driver’s contact information and their employer’s information: Gathering details at the scene can be vital for your injury claim.
  4. Give a police statement and collect the officer’s badge number: A police report may serve as essential documentation for your case.
  5. Seek professional medical assistance: Even if you feel fine, some injuries may not present immediately, and it is essential to get checked out.

It is also advisable not to discuss the accident with any other drivers involved or their insurance companies. Their representatives may attempt to extract statements that could adversely affect your case. Therefore, it is often in your best interest to enlist the expertise of an attorney as soon as possible.

Common Types Of Truck Accidents

Commercial truck drivers are held to incredibly high standards because of the potential dangers associated with their large vehicles. Commercial truckers drive for a living. It is only reasonable to expect them to operate their vehicles professionally and safely. Unfortunately, this expectation is not always met. When a trucker fails to adhere to state traffic laws or ignores federal safety regulations established by the Federal Motor Carrier Safety Administration, they may pose risks to average motorists.

Some common types of big rig truck accidents include:

  • Vehicle rollovers: These occur when a truck tips over due to improper loading or turning.
  • Trailer jackknifing: This happens when the trailer swings out, forming a “V” shape with the truck cabin, often resulting in collisions with other vehicles.
  • Multiple car pileups: Heavy traffic situations can quickly devolve into pileups, especially if a truck is involved due to its size and weight.
  • Explosions or oil fires: Trucks carrying hazardous materials pose risks for catastrophic explosions.
  • T-bone, rear-end, and head-on collisions: These collisions can have devastating effects on smaller vehicles and their occupants.
  • Cargo overloads leading to falls, spills, or rollovers: Poorly loaded cargo can shift, leading to dangerous situations on the highway.
  • Toxic exposure to hazardous material in cargo: Accidents involving hazardous materials can result in health risks beyond physical injuries.

Big rig trucks can cause significant injuries to innocent motorists and their passengers. In addition to severe property damage, any accident involving a commercial vehicle has the potential to inflict grave injuries, even fatalities. Our clients should not have to bear the financial burdens associated with these damages, especially when a negligent truck driver or trucking company is responsible for the incident.

For Experienced Legal Counsel, Call A San Jose Car Accident Lawyer!

Contact Mitchell & Danoff Law Firm at (831) 219-2110, our San Jose personal injury lawyers have a strong understanding of your rights. We recognize you are entitled to seek compensation for your damages after an accident. From the initial assessment and seeking medical assistance to securing the final outcome of your case, our team will be at your side every step of the way.

Understanding Who May Be Liable For Your Truck Accident

Our Hollister, CA truck accident lawyer understands truck accidents can lead to devastating injuries and life-altering consequences for the victims. It is essential to acknowledge liability for these incidents may extend beyond just the truck driver and their associated trucking company. It is vital for victims to understand when a third party may be liable for their truck accident injuries in California.

  • Negligent Maintenance and Repair Companies

One common scenario where a third party may be responsible for a truck accident is when maintenance and repair companies fail to perform their duties adequately. Negligent maintenance can result in mechanical failures such as brake malfunctions or tire blowouts. These deficiencies significantly increase the risk of severe accidents. If it can be demonstrated that a maintenance or repair company neglected their obligations, the company may share liability for the injuries and damages resulting from the accident.

  • Cargo Loading and Securing Companies

Properly loading and securing cargo on commercial trucks is essential to maintaining vehicle stability and safety on the road. When cargo is loaded improperly or inadequately secured, it can shift during transit, potentially leading to rollovers or cargo spills that can cause multiple vehicle accidents. In such situations, the company responsible for loading and securing the cargo may be held liable for any injuries and damages incurred due to their negligence.

  • Manufacturers of Defective Truck Parts

In some cases, truck accidents happen as a result of defective parts or components in the truck itself. If it can be proven that a defect in the truck’s design or manufacturing process contributed to the accident, the manufacturer of the defective parts may be held liable. This liability can encompass defects in critical components such as brakes, tires, steering systems, or other integral truck parts.

  • Shipping and Freight Companies

In truck accidents involving cargo managed by a shipping or freight company, liability may extend to the company responsible for organizing and overseeing the transportation of the goods. If the actions or decisions made by the shipping company contributed to the accident, they could potentially be held accountable for the resulting injuries and damages.

The Importance Of Legal Representation

Establishing third-party liability in truck accident cases can be remarkably complex and often necessitates thorough investigation. Engaging experienced legal representation can significantly impact the outcome of your case. Our dedicated attorneys possess a deep understanding of California’s personal injury laws and the various complexities inherent in truck accident cases.

We will diligently investigate the circumstances surrounding your accident, gather relevant evidence, consult with experts when necessary, and construct a robust case on your behalf. Our commitment to your case means you can focus on your recovery while we manage the legal aspects.

Why Timeliness Matters

Time is of the essence when pursuing a personal injury claim. In California, there are specific deadlines, known as statutes of limitations, which dictate how long you have to file a claim after an accident. If you miss this deadline, you may lose your right to pursue compensation entirely. Engaging a skilled attorney ensures your case is filed within the required time frame and your rights are preserved.

The Role Of Investigation In Your Case

A critical aspect of pursuing a truck accident claim is the investigation. Our firm will conduct a comprehensive investigation into the accident’s circumstances, which may involve:

  1. Collecting Evidence: We will gather all relevant evidence, including photographs, video footage, and eyewitness statements.
  2. Reviewing the Police Report: The police report often contains essential information about the accident and can provide insights into liability.
  3. Consulting with Experts: Depending on the complexity of the case, we may consult with accident reconstruction experts, medical professionals, and other specialists to strengthen your claim.
  4. Analyzing Regulatory Compliance: We will examine whether the truck driver and the trucking company complied with local and federal regulations. Evidence of violations can be pivotal in establishing liability.
  5. Gathering Medical Records: Documenting the extent of your injuries and the necessary medical treatments will be crucial to accurately quantify your damages.

By thoroughly investigating every aspect of your case, our team can build a solid foundation for your claim, ensuring that no angle is overlooked, and all responsible parties are held accountable.

Understanding The Compensation You May Be Entitled To

After suffering injuries in a truck accident, you may be entitled to various forms of compensation for your losses. Understanding the types of damages you can claim can help you pursue a more comprehensive settlement. Possible compensatory damages include:

  • Medical Expenses: This includes all current and future medical costs associated with the accident, such as hospital bills, rehabilitation fees, and any ongoing care.
  • Lost Wages: If your injuries have resulted in time off work, you may claim compensation for lost income. This can extend to future earning capacity if your ability to work is hindered due to your injuries.
  • Pain and Suffering: Victims of truck accidents may experience significant emotional and physical pain. Compensation for pain and suffering seeks to address the non-economic impact of your injuries.
  • Property Damage: If your vehicle or personal property was damaged in the accident, you could claim compensation for its repair or replacement.
  • Disability or Disfigurement: If you have suffered a disability or disfigurement due to your injuries, you might be entitled to additional compensation reflecting the impact on your quality of life.

Each case is unique, and the specific circumstances will determine the compensation available to you. A skilled attorney will evaluate your case and advocate for a fair settlement that reflects the total impact of the accident on your life.

Preparing For Negotiation And Litigation

Once your claim’s value has been determined, and you have gathered sufficient evidence, the next step is typically negotiating with the insurance company or parties responsible for the accident. It is essential to approach this process with caution and expertise, as insurance companies often attempt to mitigate their liabilities by offering low settlements.

Having a qualified attorney from Mitchell & Danoff Law Firm by your side during negotiations can significantly improve your chances of securing a fair settlement. We will:

  • Prepare a Strong Demand Package: We will compile all evidence, including bills, reports, and legal arguments, to present a compelling case during negotiations.
  • Engage in Negotiation: Our attorneys are skilled negotiators and will communicate with the insurance parties on your behalf, advocating for the compensation you deserve.
  • Evaluate Settlement Offers: If an offer is presented, we will review it closely and discuss it with you in detail, ensuring you understand its implications and make informed decisions regarding your future.
  • Litigation Readiness: If negotiations fail and a fair settlement cannot be reached, our firm is fully prepared to take your case to court. We will have all evidence organized and a strong strategy in place to advocate for your rights in front of a judge or jury.

Your Path Toward Recovery

Being involved in a truck accident can be a life-altering event. The aftermath often includes medical issues, financial burdens, and emotional turmoil. At Mitchell & Danoff Law Firm, we understand the profound impact these incidents can have on victims and their families. Our commitment is to provide compassionate support combined with relentless legal advocacy.

We leverage our extensive experience, knowledge of the law, and resources to fight for your rights and ensure you receive the compensation you need for recovery. By choosing our firm, you are selecting a dedicated partner for your journey toward healing and justice.

If you or someone you love has been injured in a truck accident, do not hesitate to reach out. Consultations are available, and we are here to address your questions and outline your options. Contact Mitchell & Danoff Law Firm at (831) 219-2110. Let us help you navigate this challenging time and secure the compensation you deserve for your injuries and losses. Your road to recovery starts with taking action, and we are committed to standing by your side every step of the way.


Call (831) 219-2110 today and schedule your free and completely confidential case evaluation! Proudly serving San Jose and surrounding San Jose.


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Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.