San Mateo Distracted Driving Truck Accident Lawyer
The Trucker Looked Away. We Find the Proof.
Truck drivers are trained not to admit fault, so a distracted trucker rarely says what they were doing when they hit you. Our San Mateo truck accident attorneys dig into phone records, cab cameras, and witness accounts to show where their attention really was.
$75+ million
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Long Hours, Busy Cabs, and Seconds That Matter
Everyone knows it’s unsafe to take your attention off the road. For a truck driver, the consequences of a lapse are far greater: a loaded truck needs much more distance to stop than a car, so a few seconds spent looking away can close the gap to traffic ahead before the driver ever reacts.
Truckers often drive for many hours in a row, and staying alert is hard. That can tempt drivers to fill the time with tasks that pull their eyes, hands, or mind away from the road, such as:
Using a phone to text, call, or browse
Eating, drinking, or smoking
Programming a GPS or checking a screen in the cab
Adjusting the heating, cooling, or radio
Talking with other truckers over the radio
Distraction also compounds other dangers. A distracted trucker may drift over the speed limit, brake too late, or lose track of cars in the truck’s blind spots, relying on cameras and lane alerts to do the watching. The consultation is free, and you pay nothing unless we win.
After a Crash With a Distracted Trucker
Get safe and call 911.
Ask for a police report, and tell the officer anything you saw the driver doing in the cab.
Write down your observations right away.
Was the driver looking down, holding a phone, or eating? Did the truck brake at all before impact?
Note the truck's identification.
The company name and the numbers on the cab and trailer, so we can identify the carrier and its insurer.
Collect witness contact details.
Other drivers, especially those beside or behind the truck, may have seen into the cab.
See a doctor promptly.
Prompt treatment protects your health and creates a record connecting your injuries to the crash.
Call us quickly.
Phone records and cab video can be lost or overwritten, and we need to demand that they be preserved.
What a Distracted Trucking Claim Can Recover
Medical treatment, now and ahead
Emergency care, hospital stays, surgery, rehabilitation, and the care you’ll need as you recover.
Income you've lost
The paychecks you’ve missed and, if your injuries limit your work, the earnings you’ll lose in the future.
Pain and suffering
The physical pain, stress, and disruption to your life that a serious truck crash causes.
Coverage that fits the injuries
Trucking companies carry commercial insurance with far higher limits than a typical personal auto policy, which can make a full recovery possible.
Proving Distraction When the Driver Won't Admit It
Sometimes a trucker admits to using a phone and gets a citation, which is strong evidence of negligence. Much more often, the driver says nothing, and the proof has to be found. Our investigation focuses on the evidence distraction leaves behind:
- Phone records, subpoenaed to show whether the driver was calling, texting, or using data at the moment of the crash
- Cab-facing camera footage, which many trucks record, showing what the driver was doing just before impact
- Road-facing footage and truck data, showing speed and whether the driver braked late or not at all
- Witness accounts from people who saw the driver or the truck’s movement
- The police report, including any citation or admission at the scene
We also look at the trucking company. A carrier that ignores distracted driving by its drivers can share responsibility for the harm they cause.
Distraction Laws That Apply to Truck Drivers
Handheld phone use is banned
California law makes it illegal to use a handheld electronic device while driving, and federal trucking rules prohibit commercial drivers from texting or using a handheld phone behind the wheel.
Distraction is evidence of negligence
To recover, an injured person must show the truck driver was negligent. Proof that the driver wasn’t paying attention is strong evidence of it, with or without a ticket.
The trucking company can be responsible
A carrier is generally responsible for its driver’s negligence on the job, which puts its commercial insurance behind your claim.
Shared fault only reduces recovery
Under California’s pure comparative negligence rule, you can still recover even if you were partly at fault. You generally have two years from the injury to file a lawsuit, and only six months for a claim involving a government vehicle.
What Our Clients Say
I honestly recommend contacting the firm and working with Jimin. She was direct, very efficient, and professional. My case moved fast and to our favor. Jimin and her team were…
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Jimin Oh is not only an excellent and professional lawyer but she is also very kind, understanding and easy to talk to. Jimin was very helpful and patient in answering…
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San Mateo Distracted Truck Driver FAQs
Is it illegal for truck drivers to use a phone while driving?
Handheld phone use while driving is illegal in California, and federal rules bar commercial truck drivers from texting or using a handheld phone while operating their trucks.
What else counts as distracted driving for a trucker?
Anything that takes the driver’s eyes, hands, or attention off the road: eating, smoking, grooming, programming a GPS, adjusting controls, or talking on the radio.
The truck driver didn't get a ticket. Can I still prove distraction?
Yes. A ticket helps, but phone records, cab camera footage, truck data, and witness accounts can prove distraction without one.
How do you get the driver's phone records?
Through the legal process, usually a subpoena once a claim or lawsuit is underway. That’s one reason to involve a lawyer early.
Why does it matter that the truck is commercial?
Trucking companies carry commercial insurance with much higher limits than personal policies, and the company can generally be held responsible for its driver.
What if I was partly at fault for the crash?
You can still recover. California reduces your compensation by your share of fault; it doesn’t eliminate it.
How long do I have to file?
Generally two years from the date of injury, and only six months for a claim against a government vehicle. Evidence can disappear much sooner.
What will it cost to work with you?
Nothing upfront. We handle truck accident cases on contingency; you pay a fee only if we win.
Get Your Free, Confidential Case Review, 24/7
While you focus on healing, we can investigate the crash, identify every responsible party, and handle the trucking company and its insurer for you. 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) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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