San Jose Distracted Driving Truck Accident Lawyer

Anything that takes a driver’s hands off the wheel, eyes off the road, or attention off driving: texting or calling, reading a GPS, changing the radio, eating or drinking, filling in a log, or simply being stressed or overtired.

No. Phones are the best known, but a trucker programming a GPS or reaching for food can be just as dangerous. Any distraction that leads to a crash can support a claim.

With phone records, onboard and dashcam footage, the truck’s speed and braking data, surveillance video, witness statements, and the police report. Together they show what the driver was doing when they should have been braking or steering.

Yes. Most distracted drivers deny it. The evidence, not the driver’s account, decides the question, which is why we move quickly to preserve it.

Often, yes. A carrier is generally responsible for its driver’s negligence on the job, and may also be liable for its own failures, such as ignoring a driver’s history of unsafe driving.

You can still recover. California reduces your compensation by your share of fault; it doesn’t bar your claim.

Most cases settle. We negotiate with the insurers for a fair settlement, and if they won’t offer one, we’re prepared to take your case to court.

Generally two years from the crash, and six months for a claim involving a government vehicle. Call early so the evidence of distraction can be preserved.