truck accident lawyer San Jose, CA
truck accident lawyer San Jose, CA

Truck Accident Lawyer San Jose, CA

Truck Accident Lawyer San Jose, CA

California highways are some of the busiest shipping lanes in the country. Semi-trucks and other commercial vehicles are common sights, but these giants of the road are anything but gentle. A wreck with a fully loaded semi weighing 80,000 pounds can cause catastrophic, sometimes fatal, injuries. If you’ve been injured in a truck crash, you may be entitled to a large settlement. A San Jose truck accident lawyer from Mitchell & Danoff Law Firm, Inc. can help you build your case against the negligent driver and navigate the complex legal issues that stand between you and your money.

We offer a free consultation, listen to your story, and evaluate your legal options. Our advice can help you make the right decisions for you and your family, so call us today to get started.

Table of Contents



What Does A San Jose Truck Accident Lawyer Do?

A truck accident lawyer understands the complexities of proving negligence in a commercial vehicle crash. Commercial drivers have specific legal regulations that they must follow from the Federal Motor Carrier Safety Administration (FMCSA). This organization limits how many hours per day and days per week the trucker can drive. It also sets stricter limits for being considered under the influence of drugs or alcohol.

Many wrecks may be due to the driver operating outside of legal driving hours or abusing drugs or alcohol to remain awake on long, solitary treks. However, these aren’t the only ways a commercial driver could be negligent. Your lawyer can build a solid case proving their liability to get you a fair settlement.

Truck Crash Cases Can Be Complex

Proving negligence can be complex in and of itself, but a truck accident claim may have another consideration that a wreck between two private drivers wouldn’t: the shipping carrier the driver is affiliated with. If the driver is an employee, then the trucking company may also be liable for your injury. Even if the trucker is a contract worker, a savvy lawyer may still find the trucking company partly to blame, such as setting a schedule that forces the driver to be on the road longer than legally permitted.

Building cases against multiple defendants isn’t a skill that just any lawyer has. Choose a legal advocate with the experience, knowledge, and tenacity necessary to fight on your behalf in these complicated, high-value cases.

Getting Justice After A Commercial Truck Accident

If you’ve been hurt in a commercial truck accident, it may feel simpler to just accept a fast settlement from the trucker’s insurance company. But what happens when you need corrective surgery for your accident injury or end up out of work for months? A fast settlement may not cover all your needs, and you and your family could suffer even more than you already have. Trust the experienced San Jose truck accident lawyers from Mitchell & Danoff Law Firm, Inc. to fight hard to get you full and fair compensation after the wreck. We’ll protect your rights and help you heal and move forward after the crash. Call us today for your complimentary case review.

Understanding The Consequences Of Commercial Vehicle Collisions

When it comes to road accidents, those involving commercial vehicles or large trucks can be particularly devastating due to their massive size and weight. The aftermath of such collisions often leaves victims with severe, life-altering injuries, and navigating the legal landscape to seek compensation can be a complex process. It’s crucial for those affected to have a dedicated San Jose, CA truck accident lawyer on their side, someone who understands the intricacies of these cases and can fight for the justice and compensation they deserve. Mitchell & Danoff Law Firm, Inc can help. Reach out to set up a consultation today.

A Closer Look At Common Injuries From A Truck Accident

The physical toll of being involved in a collision with a large truck can be immense. This is why it is crucial to speak with a skilled California truck accident attorneyHere are some of the most common injuries that individuals may sustain.

Traumatic Brain Injuries (TBIs)

These injuries can range from mild concussions to severe brain damage, affecting cognitive function, physical abilities, and emotional wellbeing. The impact of a TBI can be far-reaching, often requiring long-term medical treatment and rehabilitation.

Spinal Cord Injuries

These are among the most severe outcomes, potentially leading to partial or complete paralysis. The costs associated with spinal cord injuries are astronomical, not just financially, but also in terms of the emotional and physical toll on the victim and their family.

Broken Bones And Fractures

The force of a truck collision can easily break bones or cause fractures, some of which may lead to complications or require surgical intervention to heal properly.

Lacerations And Burns

Depending on the nature of the accident, victims may suffer from deep cuts or burns, which can lead to infections, require multiple surgeries, and leave permanent scars.

Internal Injuries

These injuries may not be immediately apparent but can be life-threatening if not treated promptly. They can involve damage to internal organs, bleeding, or other critical conditions that require urgent medical attention.

Truck Accident Infographic

Common Injuries From A Truck Accident Infographic

The Road To Recovery And Justice

Recovering from such injuries is not only a physical challenge but also an emotional and financial burden. The medical expenses can quickly become overwhelming, and the lost income during recovery can add to the financial strain. Furthermore, the emotional impact of adapting to life after the accident can be profound, affecting not just the victims but their families as well.

It’s in these challenging times that the role of a skilled legal advocate of a skilled San Jose truck accident attorney becomes invaluable. A lawyer with expertise in commercial vehicle accidents can provide the guidance and support needed to navigate the complex process of filing a claim, dealing with insurance companies, and, if necessary, taking the case to court. They understand the nuances of these cases, including the regulations governing commercial vehicles, the dynamics of accident reconstruction, and the importance of a thorough investigation to establish liability.

Your Advocate In Difficult Times

If you or a loved one has been involved in an accident with a commercial vehicle, it’s essential to seek the support of a professional who can advocate for your rights and ensure you receive the compensation you deserve. Beyond just legal representation, they can offer the compassion and understanding needed during such a difficult period, guiding you through every step of the process and fighting tirelessly on your behalf.

Don’t face this challenge alone. Reach out to  Mitchell & Danoff Law Firm, Inc for a consultation, and let us be your advocate, your support, and your guide on the journey to justice and recovery. Together, we can navigate the legal system to secure the outcome you deserve, allowing you to focus on what truly matters – your recovery and wellbeing.

5 Important Steps To Take After A Truck Accident

While our San Jose, CA truck accident lawyer is here to assist you through every step of your recovery after a truck accident, there are crucial steps that you can take immediately after an accident that are vital for your safety and the viability of your case. Truck accidents can be distressing experiences, but knowing what steps to take afterward can help protect your rights and ensure a smoother resolution. To discuss your rights and your options after a truck accident, contact our team at Mitchell & Danoff Law Firm, Inc today.

Check For Injuries And Safety

Immediately after the accident, check yourself, passengers, and other involved parties for injuries. If anyone is hurt, call emergency services right away. Additionally, ensure the safety of everyone at the accident scene by moving to a safe location if possible, especially if the accident occurred on a busy road.

Contact Law Enforcement

It’s essential to report the accident to the police, regardless of its severity. When law enforcement arrives, provide an accurate account of what happened. The police report they generate can be crucial when filing an insurance claim or pursuing legal action. Make sure to obtain a copy of the report for your records.

Document The Scene

Gathering evidence at the accident scene can significantly strengthen your case later on. Take photos of the vehicles involved, any visible injuries, road conditions, and any relevant traffic signs or signals. Additionally, collect contact information from witnesses who saw the accident unfold. These details can provide valuable support for your claim. Our San Jose truck accident attorney will launch a thorough investigation into your accident in order to gather further evidence, but any evidence that you can collect at the scene of the accident is incredibly valuable to your case.

Seek Medical Attention

Even if you don’t feel seriously injured, it’s important to seek medical attention promptly. Some injuries, such as whiplash or internal trauma, may not manifest symptoms immediately. A thorough medical evaluation can identify any hidden injuries and ensure you receive the necessary treatment. Additionally, documenting your injuries from the outset can strengthen your case for compensation.

Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. Be honest and provide accurate details about the incident. Avoid admitting fault or making speculative statements about the cause of the accident. Be very careful about what you say to insurance companies, and do not give too much information until you have spoken to our experienced California truck accident lawyer.

Contact Our Truck Accident Lawyer Today

Following these steps can help protect your rights and streamline the process of recovering compensation for your damages. However, navigating the legal complexities of a truck accident can be daunting.

Our experienced attorneys understand the unique challenges posed by these cases. We have been putting our clients first for over 30 years. If you’ve been injured in a truck accident, don’t hesitate to reach out to us for a free consultation. Let us help you navigate the legal process and pursue the compensation you deserve. Contact Mitchell & Danoff Law Firm, Inc today to schedule a consultation.

San Jose Truck Accident Statistics

According to the National Safety Council (NSC), more than 5,000 tractor-trailers are involved in fatal crashes in the country each year. That number continues to rise every year. In fact, there has been an almost 50 percent increase in fatal truck crashes compared to just 10 years ago.

If you or a loved one has been injured, contact our office to speak with one of our truck accident lawyers to find out what type of financial compensation you may be entitled to. Many of these crashes result in serious to catastrophic injuries and the financial impact on families can be devastating.

Understanding Physical Therapy Following A Truck Accident

As our San Jose, CA truck accident lawyer knows, being involved in a truck accident can be a life-altering experience, often resulting in severe injuries that require extensive medical care. Long-term physical therapy is often necessary for individuals recovering from such accidents, but navigating the process of accessing and paying for this vital treatment can be challenging. At Mitchell & Danoff Law Firm, Inc, we understand the complexities involved in filing for long-term physical therapy following truck accident injuries. Attorney Jesse Danoff is a managing partner of our firm and is ready to go the extra mile to help you with your case.

How Long Do I Have To File For Long-term Physical Therapy Following Truck Accident Injuries?

In many cases, there are statutes of limitations that determine how long you have to file a claim for long-term physical therapy following a truck accident. These statutes vary by state, so it’s essential to consult with a legal professional from our firm as soon as possible to understand the specific deadlines that apply to your situation.

What Types Of Injuries Might Require Long-term Physical Therapy After A Truck Accident?

Truck accidents can result in a wide range of injuries, some of which may require long-term physical therapy for recovery. Common injuries that might necessitate ongoing therapy include spinal cord injuries, traumatic brain injuries, fractures, soft tissue injuries, and internal organ damage. Your medical provider will assess your condition and recommend an appropriate treatment plan, which may include physical therapy.

How Can Long-term Physical Therapy Benefit Me After A Truck Accident?

Long-term physical therapy can provide numerous benefits for individuals recovering from truck accident injuries, as our truck accident lawyer in CA knows. It can help improve mobility, reduce pain, restore function, prevent further complications, and enhance overall quality of life. Physical therapists work closely with patients to develop personalized treatment plans tailored to their specific needs and goals, promoting a more comprehensive and effective recovery process.

Will Insurance Cover The Cost Of Long-term Physical Therapy?

Whether insurance will cover the cost of long-term physical therapy following a truck accident depends on several factors, including the terms of your insurance policy, the at-fault party’s insurance coverage, and the specifics of your injuries. Our legal team can review your insurance policy and explore all available options for obtaining coverage for your necessary medical treatment.

What Should I Do If I Encounter Obstacles In Accessing Long-term Physical Therapy After A Truck Accident?

If you encounter obstacles in accessing long-term physical therapy after a truck accident, it’s crucial to seek legal guidance promptly. Our experienced attorneys can advocate on your behalf to ensure that you receive the medical care you need. We can negotiate with insurance companies, navigate any legal challenges, and pursue compensation for your medical expenses and other damages.

Compensation For Pain And Suffering After A Truck Accident

Our compassionate San Jose, CA truck accident lawyer knows that truck accidents can be devastating events with consequences that go beyond immediate medical expenses and property damage. For many, the physical pain, emotional trauma, and impact on daily life can be overwhelming. When it comes to legal compensation, there are options available that take into account not only the tangible costs of an accident but also the intangible suffering endured as a result. Here at Mitchell & Danoff Law Firm, Inc, we have a combined 40+ years of experience and are dedicated to helping those affected by truck accidents understand their rights to compensation for pain and suffering.

The Impact Of Pain And Suffering

Pain and suffering refer to the physical pain, mental anguish, and overall loss of enjoyment of life that individuals experience due to injuries from an accident. Truck accidents often involve serious injuries—ranging from broken bones to long-term disabilities—that can drastically affect a person’s quality of life. These injuries can lead to ongoing pain, limited mobility, and emotional distress, all of which may interfere with personal relationships, career prospects, and the ability to engage in once-enjoyed activities.

The law recognizes that the impact of an injury extends beyond the visible and immediate damage. Because pain and suffering can be challenging to quantify, courts allow compensation as a way to acknowledge the hardships faced by the injured party.

How Pain And Suffering Compensation Is Determined

Compensation for pain and suffering is generally categorized as non-economic damages. Unlike medical bills or property repair costs, these damages do not have a clear monetary value. Instead, several factors come into play, including the severity of the injury, the length of recovery, the degree of emotional trauma, and the way the injury has affected everyday life.

Our truck accident lawyer in San Jose knows that courts or insurance adjusters may look at medical records, mental health evaluations, and statements from the injured party to determine the impact of the accident on their life. Pain and suffering compensation may be calculated using two common methods: the multiplier method or the per diem method. The multiplier method involves taking the total economic damages (such as medical bills) and multiplying that figure by a number, typically between 1.5 and 5, depending on the severity of the injury. The per diem method assigns a daily rate to the pain and suffering endured and then multiplies that by the number of days the victim has suffered. Both methods provide a way to establish a fair compensation amount for non-economic damages.

Seeking Fair Compensation For Truck Accident Victims

Truck accident cases often involve multiple parties, from drivers to trucking companies, and the process of seeking compensation can feel overwhelming. Insurance companies may push for a quick settlement, which may not always be in the best interest of the injured party, particularly if the offer does not adequately account for the pain and suffering endured.

It’s essential that we approach each case with a focus on fair compensation for the full scope of damages, including both economic and non-economic losses. Properly accounting for pain and suffering can make a significant difference in the overall compensation package, ensuring that the injured party receives the resources they need to recover and move forward.

Contact Us For Help With Your Truck Accident Case

If you or a loved one has been involved in a truck accident and is dealing with the aftermath, including pain and suffering, our team at Mitchell & Danoff Law Firm, Inc is here to support you every step of the way. We are committed to securing fair compensation and helping you move forward after an accident. We have helped our clients win over $500 million in compensation. Reach out to our truck accident lawyer in San Jose today for a consultation and learn how we can help you get the compensation you deserve.

Mitchell & Danoff Law Firm, Inc, San Jose Truck Accident Lawyer

390 5th St 1st Floor, Hollister, CA 95023

Help For Your Claim

If you’ve been injured in a truck accident and require long-term physical therapy, don’t hesitate to reach out to Mitchell & Danoff Law Firm, Inc for assistance. Our dedicated team is here to help you understand your rights, navigate the claims process, and fight for the compensation you deserve. Attorney Jesse Danoff has helped many clients in the past who are underdogs and is ready to go up against challenging opposition. Contact us today for a confidential consultation. Let us be your trusted advocate as you focus on your recovery and well-being, so speak with our San Jose truck accident lawyer now.

About Us
Contact Us
Get a Free Case Evaluation Today
Please enable JavaScript in your browser to complete this form.

Client Review

"Mitchell & Danoff provided excellent legal service. Overall, I'm very pleased and impressed with their entire team particularly Patricia and Jesse. They are super nice, courteous, patient and always ready to answer and address all of my questions. Their expertise and professionalism are superior as well. THANK YOU for a job well done!"
Katherine Poh
Client Review

Contact Mitchell Law Firm for a Free Case Evaluation!

If you've been injured in an accident through another's wrongful actions, you are entitled to compensation. Don't wait any longer; contact our firm immediately to see how we can help you.

By providing my phone number to Mitchell & Danoff Law Firm, I agree and acknowledge that Mitchell & Danoff Law Firm may send text messages to my wireless phone number for any purpose. Message and data rates may apply.

Read Disclaimer
Please enable JavaScript in your browser to complete this form.

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.