Truck Accident Lawyer in San Jose

Who Is at Fault in a Truck Accident?

San Jose follows a pure comparative negligence policy for determining fault in an accident. Under this rule, multiple parties can be partially responsible for an accident, but all parties can collect compensation as long as they were no more than 99% at fault. 

Truck accidents often involve more than one responsible party. With the help of our truck accident lawyers in San Jose, you can determine which of the following parties, if any, may be partially negligent in your accident:

• Truck driver: The driver of the truck may be partly responsible for the accident if they were driving recklessly or otherwise failing to obey traffic laws. 
• Truck company: The company the truck driver works for may assume vicarious liability even if the driver was fully at fault. Other times, truck companies are liable because they forced a driver to work unsafe hours or failed to train the driver adequately. 
• Truck manufacturer: The manufacturer of the truck may be partially responsible if it installed faulty parts in the vehicle, causing a malfunction that led to your accident. 
• Cargo loader: Trucks need properly balanced loads to avoid jackknifing and shifting uncontrollably when changing lanes. If the person in charge of loading the cargo failed to do so safely, they may be partially responsible for the truck crash. 
• Another driver: Perhaps another driver cut the truck driver off or otherwise contributed to the accident.