Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents truck accident victims throughout San Jose and Santa Clara County. San Jose sits at the intersection of Highways 101, 880, 280, and 87 — a freight corridor serving the entire Bay Area. Commercial trucks operating to and from the Port of Oakland, regional distribution centers, and Silicon Valley industrial facilities share those highways with passenger vehicles daily. When a loaded commercial truck is involved in a collision, the physics are unforgiving. The injuries are typically catastrophic, and the legal landscape is more complex than a standard two-car crash.

Federal and State Regulations Governing Commercial Trucks

Commercial motor vehicles operating in interstate commerce are subject to the Federal Motor Carrier Safety Regulations, codified at 49 C.F.R. Parts 300–399. These regulations govern driver qualifications, hours of service, vehicle inspection and maintenance, load securement, and drug and alcohol testing. A violation of the FMCSRs that causes injury may establish negligence per se.

Key federal regulatory provisions that arise in San Jose truck accident cases include:

• 49 C.F.R. Part 395 — Hours of service rules limiting driving time to prevent fatigued driving. A driver who exceeds the maximum hours of service and causes a crash has violated a safety regulation specifically designed to prevent that harm.
• 49 C.F.R. Part 396 — Systematic inspection, repair, and maintenance requirements. A carrier that fails to inspect and maintain its vehicles and sends a defective truck onto the road is liable for the resulting consequences.
• 49 C.F.R. Part 392 — General driving rules prohibiting driving while fatigued, ill, or impaired.
• 49 C.F.R. Part 393 — Parts and accessories required for safe operation, including brakes, lighting, and load securement.

California also imposes its own commercial vehicle weight limits. Vehicle Code § 35550 sets maximum axle weight limits for vehicles operating on California highways. An overloaded truck that causes a crash exposes both the driver and the carrier to liability.

Who Is Liable in a Truck Accident Case

Truck accident cases frequently involve multiple defendants. The driver is one potential defendant. The trucking company is another — under the doctrine of respondeat superior, an employer is liable for the negligent acts of its employee committed within the scope of employment. Beyond respondeat superior, a carrier may be independently liable for negligent hiring, negligent entrustment of a vehicle to an unqualified driver, or negligent supervision.

Where the crash involves a defective component — failed brakes, a blown tire, a defective coupling — the manufacturer may face product liability exposure under Greenman v. Yuba Power Products (1963) 59 Cal.2d 57. A shipper who improperly loaded or secured cargo that shifted and caused the crash may also bear responsibility. Identifying all liable parties requires a prompt investigation — electronic logging device data, driver qualification files, maintenance records, and black box data must be preserved before they are overwritten or destroyed.

Negligence and the General Duty of Care

Civil Code § 1714(a) imposes a duty of ordinary care on every person in the management of their property or person. For a commercial carrier, that duty is heightened by the size and weight of the vehicle and the professional nature of the operation. A commercial driver who fails to maintain a proper lookout, follows too closely under Vehicle Code § 21703, or makes an unsafe lane change under Vehicle Code § 22107 has breached that duty.

Damages

Truck accident injuries frequently result in spinal cord damage, traumatic brain injury, crush injuries, internal organ damage, and wrongful death. Civil Code § 3333 provides that damages in tort include all detriment proximately caused, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur — critical in catastrophic injury cases where medical care continues for years or a lifetime.

A pre-existing condition does not bar recovery. Under the eggshell plaintiff doctrine, the defendant is responsible for the full extent of harm caused, including aggravation of prior conditions.

Claims Against Government Entities

Where a truck accident is caused in part by a dangerous road condition — an inadequate merge lane, missing signage, a defective interchange — a claim against Caltrans or another public entity may be available under Government Code § 835. Government Code § 911.2 requires a claim to be filed with the public entity within six months of the incident. Missing this deadline can potentially bar a lawsuit against a government defendant. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the specific timeline in your case.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Truck accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Car Accident Attorney
• San Jose Wrongful Death Attorney
• San Jose Traumatic Brain Injury Attorney
• San Jose Spinal Cord Injury Attorney
• San Jose Uninsured Motorist Attorney

Attorney Michael Rehm handles truck accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.