A solo vehicle accident involving a food truck on State Route 87 in San Jose yesterday evening serves as a reminder of the unique challenges and safety considerations surrounding commercial vehicles on California highways. Fortunately, the incident near the Curtner Avenue off-ramp resulted in no injuries but raised important questions about commercial vehicle safety and emergency response protocols.
Incident Details and Response
The collision was reported at 6:08 PM, Wednesday, Nov, 13, with the 25-30 foot food truck sustaining significant damage to its rear right section. Emergency services arrived promptly at 6:39 PM, finding the vehicle blocking the third lane of traffic. Due to the vehicle’s size and loaded condition, specialised heavy-duty towing equipment was required, with complete clearance achieved by 8:02 PM.
The California Highway Patrol’s swift response and efficient management of the scene demonstrated the importance of specialized protocols for commercial vehicle incidents. Despite the food truck’s substantial size and the complexity of the situation, emergency responders effectively secured the area and managed traffic flow to minimize disruption to other motorists.
The incident’s location near the Curtner Avenue off-ramp presented particular challenges for traffic management, but strategic placement of emergency vehicles and proper signage helped maintain safety for all.
Legal Implications and Safety Considerations
This incident highlights several crucial aspects of commercial vehicle operation and safety:
- Commercial Vehicle Maintenance: Food trucks, like all commercial vehicles, must adhere to strict maintenance schedules and safety inspections. Regular checks of braking systems, tires, and structural integrity are essential for preventing accidents.
- Insurance Requirements: Commercial food truck operators in California must maintain adequate insurance coverage for both their vehicle and business operations. This includes commercial auto liability insurance and general liability coverage.
- Emergency Response Protocols: The incident demonstrates the importance of specialized emergency response procedures for commercial vehicle accidents. The need for heavy-duty towing equipment and extended clearance time shows why commercial accidents often require different handling than standard passenger vehicle incidents.
Of particular note is California’s stringent regulatory framework for food truck operations on highways. Under California Vehicle Code Section 22520.5, food truck operators must comply with specific parking and operational restrictions on highways.
This includes maintaining proper distance from intersections and ensuring their vehicle doesn’t impede traffic flow. Additionally, food truck operators must meet the California Department of Public Health’s safety standards while in transit, which includes securing all equipment and maintaining proper weight distribution to prevent accidents like this one.
Preventive Measures for Food Truck Operators
To avoid similar incidents, food truck operators should:
- Conduct daily pre-trip inspections
- Maintain proper weight distribution of equipment and supplies
- Ensure proper licensing and certification for all operators
- Keep detailed maintenance records
- Install and regularly check safety equipment specific to food service vehicles
Beyond these basic safety measures, food truck operators should implement a comprehensive safety management system that includes regular staff training on emergency procedures and vehicle handling. This training should specifically address the unique challenges of operating a vehicle with cooking equipment and propane tanks.
Operators should also consider installing advanced safety features such as backup cameras, blind-spot monitoring systems, and electronic stability control, which can be particularly valuable given the high centre of gravity and uneven weight distribution common in food trucks. Furthermore, maintaining a relationship with a certified commercial vehicle mechanic who understands the specific needs of food service vehicles can help identify potential issues before they lead to accidents.
Legal Considerations
When commercial vehicles like food trucks are involved in accidents, several legal factors come into play:
- Determination of liability may involve examining maintenance records
- Insurance claims often require specialized handling due to commercial policies
- Business interruption losses may need to be considered
- Regulatory compliance history may become relevant
In California, food truck accidents often involve multiple layers of liability and complex regulatory requirements. Under California Commercial Vehicle Code Section 34501.12, operators must maintain comprehensive records of vehicle inspections, maintenance, and driver qualifications. These records become crucial evidence in accident investigations and subsequent legal proceedings.
Additionally, food truck operators must comply with specific local ordinances in San Jose regarding commercial vehicle operation and food service regulations. This dual compliance requirement – meeting both transportation and food service safety standards – creates unique legal challenges when accidents occur.
Truck accident settlement calculators serve as valuable preliminary tools for estimating potential compensation in commercial vehicle accidents, though they should never replace professional legal consultation. These calculators typically consider multiple factors including medical expenses (both current and future), property damage, lost wages, diminished earning capacity, and non-economic damages such as pain and suffering.
However, online calculators can provide a rough estimate, they often cannot account for the nuanced aspects of commercial vehicle accidents, such as the impact of local ordinances, specific insurance policy terms, or seasonal business fluctuations.
A skilled attorney becomes essential in accurately calculating damages, as they can consider jurisdiction-specific factors, precedent cases, and the full scope of economic and non-economic impacts that might not be apparent immediately after the accident. This comprehensive evaluation ensures that victims receive fair compensation that truly reflects their losses and future needs. Talk to an experienced GJEL accident attorney and get the compensation you deserve. Call us now at +1 415-986-4777 for a free legal consultation.
Moving Forward
“As someone who has spent over 40 years helping accident victims throughout Northern California, I understand how disorienting and stressful the aftermath of a food truck accident can be. While we’re thankful this particular incident didn’t result in injuries, I know from experience that sometimes symptoms and complications can develop days or even weeks after an accident. If you or someone you care about was involved in this incident on SR-87, I strongly encourage you to seek medical attention, even if you feel fine right now. Document everything – take photos, keep medical records, and write down your recollection of events while they’re fresh in your mind. Remember, the complexity of commercial vehicle accidents, especially those involving food trucks, requires specialized legal knowledge to navigate insurance claims and potential liability issues. Our team at GJEL is here to help protect your rights and ensure you receive the medical care and compensation you deserve. Don’t hesitate to reach out for a free consultation – your well-being is our primary concern.”- Andy Gillin, GJEL Accident Attorney
If you’ve been involved in an accident involving a commercial vehicle, understanding your rights and the complex legal landscape is crucial. An experienced attorney can help navigate insurance claims, regulatory requirements, and potential liability issues. Our compassionate GJEL accident attorneys are always available to discuss your case, and you pay nothing unless we win. Let our experienced legal team shoulder the legal burden while you focus on what matters most – your family’s healing and recovery. Contact us at +1 415-986-4777 or visit our Pleasanton office to talk to the experts.
The successful resolution of this incident without injuries demonstrates the effectiveness of quick emergency response and proper safety protocols. However, it also serves as a reminder of the importance of proper commercial vehicle operation and maintenance in preventing future accidents.
Important Resources and Contact Information
Law Enforcement and Traffic Authorities
- San Jose Police Department (SJPD)
- Emergency: 911
- Non-Emergency: (408) 277-8900
- Traffic Investigation Unit: (408) 277-4654
- Website: www.sjpd.org
California Highway Patrol (CHP) – San Jose Office
- Address: 2020 Junction Ave, San Jose, CA 95131
- Phone: (408) 467-5400
- Accident Reports: (925) 244-1000
- Website: www.chp.ca.gov
Traffic Incident Resources
- CHP Traffic Incident Information Page: https://cad.chp.ca.gov
- San Jose Department of Transportation
- Phone: (408) 535-3850
- Traffic Safety Email: traffic.safety@sanjoseca.gov
Accident Report Requests
- For accident report copies related to this incident:
- Visit: www.sjpd.org/records/request-a-police-report
- Or call CHP’s Records Unit: (408) 467-5400
- Reports are typically available within 10 business days
Additional Emergency Services
- Santa Clara County Emergency Services
- Phone: (408) 808-7800
- Website: www.sccgov.org/sites/oes
Remember to obtain a copy of your accident report for insurance and legal purposes. These reports are crucial documentation for any potential claims or legal proceedings.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.