We Don't Win, You Don't Pay

Vehicle-Freightliner Collision leaves One Dead in San Jose

Big Rig Accident, San Jose, CA

Fatal Traffic Collision Occurred on Montague Expressway near O’Toole Avenue in San Jose

San Jose, CA -A fatal collision on Montague Expressway in San Jose has tragically claimed the life of a motorist. The accident occurred in the early afternoon, leading to significant traffic disruptions and an ongoing police investigation.

The Incident

On Monday, May 27, 2024, at approximately 1:52 p.m., a severe traffic collision occurred on Montague Expressway near O’Toole Avenue in San Jose. The accident involved a gray 2001 Ford sedan and a 2024 Freightliner box truck. According to the San Jose Police Department, the Ford sedan was traveling westbound on Montague Expressway when it veered left and struck the rear end of the box truck, which was stopped in the left-turn lane. The impact of the collision resulted in major injuries to the driver of the Ford, who was pronounced dead at the scene.

The driver of the Ford has not been publicly identified, as authorities are awaiting formal identification and notification of the next of kin by the Santa Clara County Medical Examiner-Coroner’s Office. The collision caused significant traffic disruptions, leading to the closure of all lanes on westbound Montague Expressway from Interstate Highway 880 to McCarthy Boulevard. Traffic was diverted onto southbound O’Toole Avenue, and motorists were advised to avoid the area due to the anticipated lengthy investigation.

This tragic incident marks the 19th roadway death investigated by San Jose police this year. The police are conducting a thorough investigation to determine the exact cause of the accident, examining factors such as vehicle speed, driver behavior, and potential mechanical failures. Witnesses to the collision or anyone with additional information are urged to contact the San Jose Police Department to assist in the ongoing investigation.

Legal Implications 

The legal implications of this tragic accident are significant, particularly as it involves a collision with a commercial vehicle. Determining liability in such cases can be complex, as it requires a detailed examination of various factors, including driver behavior, vehicle maintenance, and adherence to traffic laws. In California, when a commercial vehicle is involved in an accident, the company that owns the truck can also be held liable under certain circumstances, such as negligent hiring or insufficient vehicle maintenance.

According to data from the National Highway Traffic Safety Administration (NHTSA), collisions involving large trucks accounted for 4,842 fatalities in the United States in 2020. In California, there were 3,563 traffic fatalities in the same year, with a significant portion involving large commercial vehicles. These statistics highlight the importance of strict safety regulations and comprehensive driver training programs to reduce the risk of such devastating accidents.

In the wake of this accident, victims’ families may seek compensation through wrongful death claims. Under California law, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the accident. Families can pursue damages for funeral expenses, loss of companionship, and other related costs. Consulting with an experienced big rig accident lawyer is crucial to navigate the legal process and ensure that all rights are protected.

Navigating the aftermath of a fatal car accident can be an overwhelming and emotionally draining experience for the families involved. Legal representation is invaluable in these situations, providing the necessary support and expertise to handle complex legal matters. A dedicated car accident attorney can assist in investigating the accident, determining liability, negotiating with insurance companies, and pursuing rightful compensation for the victims’ families.

The Scranton Law Firm, with over 50 years of experience and a proven track record of over $1 billion recovered for injured clients, stands ready to assist those affected by such tragic incidents. Our team of skilled attorneys has extensive experience in handling cases involving commercial vehicle accidents and understands the intricate details required to build a strong case. We are committed to providing compassionate and effective representation to ensure justice is served for our clients.

If you or a loved one has been involved in a similar accident, do not hesitate to reach out for professional legal assistance. The Scranton Law Firm is here to help you navigate this challenging time and ensure that your rights are protected. Contact us today for a free consultation and let us help you achieve the justice and compensation you deserve.


  1. What should I do immediately after a car accident? Ensure your safety and that of others by moving to a safe location if possible. Call emergency services to report the accident and seek medical attention for any injuries. Document the scene, gather contact information from witnesses, and report the accident to the police.

  2. How is liability determined in a car accident involving a commercial vehicle? Liability is determined by investigating various factors such as driver behavior, vehicle maintenance records, adherence to traffic laws, and whether the commercial vehicle company followed proper hiring and training protocols. An experienced attorney can help gather and analyze this information to build a strong case.

  3. What compensation can be sought in a wrongful death claim? Compensation in a wrongful death claim can include funeral expenses, loss of income, loss of companionship, medical expenses incurred before death, and emotional distress. The specific damages awarded will depend on the circumstances of the case.

  4. How long do I have to file a claim after a car accident in California? In California, you have two years from the date of the accident to file a personal injury or wrongful death claim. It is crucial to consult with an attorney as soon as possible to ensure that all legal deadlines are met.

  5. Why is it important to hire a personal injury attorney after a car accident? A personal injury attorney provides valuable assistance by navigating the complex legal process, negotiating with insurance companies, and ensuring you receive fair compensation for your losses. They have the expertise to handle the legal aspects of your case, allowing you to focus on recovery.


Free Case Review

Visit Our Main Office

Don’t navigate the aftermath of a big rig accident alone. Let the Scranton Law Firm stand by your side. With over 50 years of experience as personal injury lawyers, we’ve helped thousands recover from their losses. If you or a loved one are affected by a San Jose big rig accident, don’t hesitate to reach out to us. Secure your rights and seek the justice you deserve. Call us now for a free consultation – The Scranton Law Firm, your trusted ally in these challenging times. Call 800-707-0707 now.