Frequently Asked Questions About Truck Accidents

Contact Our San Jose Truck Accident Attorneys for More Information

Picture of accident between truck and car

Accidents caused by commercial truck drivers create unique legal situations. Special state and federal laws which only apply to trucks will affect your case. Further, there are many entities with which you could negotiate a claim. Knowing who to file a claim against is critical for securing your compensation.

These complicating factors often leave victims of truck accidents with many questions. Our San Jose truck accident attorneys are here to provide you with answers. Below, we outline common questions we get about truck accident cases. For more information, please contact us today to speak with a truck accident lawyer.

  1. What should I do at the scene of my truck accident?
  2. What should I do after my truck accident?
  3. Who will investigate my truck accident claim?
  4. Who will pay for my truck accident?
  5. Should I accept a settlement offer?
  6. Should I file a lawsuit?
  7. Do I need a truck accident lawyer?

Truck Accident FAQ

What Should I Do at the Scene of My Truck Accident?

Immediately after a truck accident, check yourself for injuries. Then, call the police if you can. An officer can contact additional emergency services if needed and block off the scene.

An officer will also create an official police report. This report will detail the accident and contain important information you may need later. Then, if you are able, start gathering your own information from the scene.

You will want to gather all pertinent information. This will include the truck driver’s name, the trucking company name, and the insurance information. Getting contact information from both the driver and their company may help your claim later.

You will also want to document the scene of the accident through pictures. Pictures can show injuries, property damage and other details from the scene. Identifying and gathering the information of any witnesses is also ideal.
↑ Return to top

What Should I Do After My Truck Accident?

After a truck accident, you should see a doctor. Sometimes injuries are obvious in the immediate aftermath of an accident. Other times, symptoms of serious conditions take time to manifest. You should see a medical professional regardless of how you feel immediately after the accident.

You should also get in touch with a lawyer. A lot of people make the mistake of trying to fight their legal battles alone. This may make you prone to insufficient settlement offers. You want an experienced truck accident attorney on your side to fight for your best interests.
↑ Return to top

Who Will Investigate My Truck Accident Claim?

There are a few entities that may investigate your California truck accident claim. The local police may look into the details of the accident, or this job may fall to the state police department.

The Federal Motor Carrier Safety Administration may also look into your claim. This federal entity keeps the driving records of commercial truck drivers. Any complaints they receive may prompt an investigation of the offending driver.

The truck driver’s insurance company will also investigate your claim. In order to protect yourself from inadequate compensation, you should speak with a truck accident attorney. Having your own attorney investigate the matter will be critical in your case.
↑ Return to top

Who Will Pay for My Truck Accident?

Many parties may be responsible for a truck accident. For example, if the driver was at fault, they could be held liable for the accident. The driver’s trucking company could also be responsible. If there was a defect in the truck that led to the accident, the manufacturer may be liable.

An experienced truck accident lawyer can help you determine which person or entity is at fault. However, to recover compensation for damages, you must prove liability for the accident.
↑ Return to top

Should I Accept a Settlement Offer?

Every truck accident case is different. Deciding on when or how much to settle for will depend on the unique details of your case. To best navigate your case, you should contact our San Jose truck accident lawyers. We can help you understand whether your case is worth more than the settlement you are being offered. We can also help you understand your odds of winning in court.
↑ Return to top

Should I File a Lawsuit?

Taking your truck accident case to court depends on a couple of things. First, ask yourself how the settlement negotiations are going. If you cannot come to an agreement with the other party, going to court might be your only option for recovering compensation.

Second, deciding to go to court will depend on the strength of your case. Going to court can be expensive and time-consuming. You will want to make sure that your case is strong enough to potentially win before filing a lawsuit. Our experienced San Jose truck accident attorneys can help assess the likelihood of your case winning in court.
↑ Return to top

Do I Need a Truck Accident Lawyer?

Often, insurance companies give truck accident victims the run-around. They are often hard to contact and make insufficient settlement offers. A seasoned San Jose truck accident lawyer can help you gather strong evidence for your initial claim. A lawyer can guide you through the negotiation process and fight for you in court if needed.
↑ Return to top

Have More Questions? Contact Our San Jose Truck Accident Attorneys for Answers

If your question was not listed above, we encourage you to reach out to us today. You can discuss your specific situation with one of our San Jose truck accident lawyers in a free consultation. Contact Needham Kepner & Fish LLP through our online contact form or call us at (408) 956-6949.

We Want To Hear From You