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San Jose Truck Rollover Accident Lawyer

When a Truck Tips Over, Everything Around It Is in Danger.

An overturned truck can crush nearby cars, trap vehicles beneath it, and spread its cargo across the road. Our San Jose attorneys find out why it rolled and hold the driver and every company behind the truck responsible.

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A Truck Rollover Is Rarely Just Bad Luck

Big rigs are tall and top-heavy, and it takes surprisingly little to tip one over: a curve taken too fast, a sudden swerve, a gust of wind against a badly loaded trailer. When a truck goes over, the danger isn’t only to its driver. Smaller vehicles alongside can be crushed or trapped underneath, and anyone nearby can be struck by the truck or its cargo.

Most truck rollovers trace back to one of a handful of causes:

  • Speeding, which reduces the driver's control and makes the truck more likely to overturn

  • Distraction that makes a driver miss a turn or react too late

  • Sharp turns taken without enough care for a top-heavy vehicle

  • Poor maintenance, such as worn tires

  • High winds or slick roads the driver didn't slow down for

  • Improperly loaded cargo that throws off the trailer's balance

Each of those causes is a choice or a failure by someone: the driver, the trucking company, the loading crew, or the maintenance shop. That’s who we hold responsible.

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What to Do If You're Hurt in a Truck Rollover

  1. Stay clear of the overturned truck and call 911.

    The truck, its cargo, and the traffic around it can still be dangerous.

  2. Get medical care.

    Being struck or trapped by an overturned truck causes serious injuries, and some take time to show.

  3. Photograph where the truck went over.

    The curve, ramp, or lane, skid marks, and where the truck and its cargo came to rest.

  4. Note the weather and the road.

    Wind, rain, a slick surface, or clear, dry conditions all matter to what caused the rollover.

  5. Identify the truck and the company.

    The name and numbers on the cab and trailer, plus any company name on the cargo.

  6. Call a lawyer before the wreck is cleared away.

    Loading records, maintenance logs, and the truck’s data are in the trucking company’s hands. We move to preserve them.

Who Pays After a Truck Rollover?

The truck driver

A driver who sped, took a turn too sharply, drove distracted, or didn’t slow for the conditions is responsible for the rollover.

The trucking company

The carrier is generally responsible for its driver on the job, and for its own failures to maintain the truck.

The company that loaded the truck

A loading crew that unbalanced or failed to secure the cargo can share responsibility.

The company that maintained the truck

A maintenance provider that let worn tires or other problems go can be liable too.

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How We Find Out Why the Truck Rolled

A rollover leaves a lot of evidence, if someone collects it before the road is cleared and the truck is repaired. We look at:

  • The truck’s speed going into the curve or turn, from its onboard data
  • Tire condition and maintenance records
  • Loading records, and how the cargo was placed and secured
  • The driver’s logs and phone records, for fatigue or distraction
  • Weather conditions at the time of the crash
  • Camera footage from the truck, other vehicles, and nearby businesses

The trucking company and its insurer will have legal resources aimed at limiting what you recover. We put the evidence together so that the facts, not their resources, decide your case.

Truck Rollovers and the Law

Trucks must be maintained

Federal safety rules require truck owners to keep their vehicles properly inspected and maintained. Neglected maintenance, such as ignoring worn tires, can be strong evidence of negligence.

Weather doesn't excuse the driver

Drivers can’t control the wind or the rain, but they can slow down and make sure their truck and its load are secure. A driver who didn’t can be held responsible.

More than one party can share fault

Responsibility is divided among everyone whose negligence contributed. Under California’s pure comparative negligence rule, your own share of fault, if any, only reduces your recovery.

Two years to file

You generally have two years from the date of injury to file a lawsuit, and only six months for a claim involving a government vehicle.

What Our Clients Say

Attorney Jimin Oh was really helpful with my case. She really took care of my case and I could really rely on her. She would always check up on me…

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This was my first time to have a car accident, so I did not know what I had to do. My friends suggested I contact Jimin since they all had…

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From start to finish Jimin has been on my case and very informative about where they are in the process of things... every time it seems like I thought about…

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San Jose Truck Rollover FAQs

Speeding, sharp turns, distraction, poor maintenance such as worn tires, high winds or slick roads, and cargo that’s loaded unevenly or not secured. Often it’s a combination.

The truck driver, the trucking company, the company that loaded the truck, and the company that maintained it can each be responsible for their part.

You have a claim against the parties responsible for the rollover, even though you were never involved in whatever made the truck go over. Get medical care, then call us so the evidence of why it rolled is preserved.

It can try. But drivers are expected to slow down in bad conditions, and a well-loaded truck is far less likely to tip. We look at whether the driver and the company took the care the conditions demanded.

A big one. Cargo that’s placed unevenly or not secured can shift and throw the trailer off balance, especially on turns. The company that loaded it can be held responsible.

Yes. Trucking companies and their insurers do have extensive resources aimed at limiting what you recover, which is exactly why you need your own team. We handle the investigation, the insurers, and the lawyers.

Nothing upfront. We work on contingency, so you don’t pay unless we win.

Get Your Free, Confidential Case Review, 24/7

The road gets cleared and the truck gets repaired, and the evidence goes with them. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.

Call (408) 256-2871

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  • Solution Now Law Firm

    1253 Park Ave
    San Jose, CA 95126

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