Moving to a new home often means renting a moving truck or van to transport all your belongings. It can save money compared to hiring full-service movers. But these trucks are large and heavy, and driving them safely requires skill and experience. Unfortunately, many people who rent these vehicles don’t have that experience. This lack of training leads to accidents that can cause serious injuries or even death.
Understanding liability in moving van accident cases is important if you or someone you love is hurt in one of these crashes. Liability means who is legally responsible for the accident and any damages or injuries that happen. While rental companies often try to avoid blame, there are situations where they can be held responsible.
Why Proving Liability Is Important
Rental truck companies usually carry bigger insurance policies than individual drivers. This can be a huge benefit if you are seriously injured. Insurance from a company with deep pockets may cover your hospital bills, lost income, pain and suffering, and other damages better than a regular driver’s policy.
If you can prove that the rental company’s negligence caused or contributed to your accident, you might recover compensation from them. But if only the driver is liable, you will have to seek compensation through the driver’s insurance, which may have limits.
When Can Rental Moving Truck Companies Be Held Liable?
Rental moving truck companies are usually not responsible for accidents caused by the drivers who rent their trucks. There is a U.S. law called 49 U.S.C. 30106 that generally protects these companies from being held liable if someone crashes their rental truck. This law exists because lawmakers want to encourage companies to keep renting trucks without fearing constant lawsuits.
However, rental companies can be held liable if they were careless or broke the law in a way that contributed to the accident. This means if the company was negligent or did something wrong on purpose, they might be responsible for damages.
Negligence and Rental Companies
Negligence is a legal term that means someone did not take reasonable care to prevent harm. For rental companies, negligence can happen in several ways:
- Failure to maintain the truck: If the rental company doesn’t keep the truck in a safe condition, like ignoring broken brakes, worn tires, or faulty lights, they can be liable for accidents caused by these problems.
- Renting to unlicensed drivers: Companies must check the driver’s license before renting out trucks. If they fail to do this and rent a truck to someone without a valid license, and that person causes an accident, the company can be held responsible.
- Renting to intoxicated drivers: Rental companies cannot rent trucks to people who seem drunk or under the influence of drugs. If they do and an accident happens, the company could be liable.
When Rental Companies Are Not Usually Liable
If none of these mistakes happen, rental companies are usually not responsible for accidents. For example, if a fully licensed driver causes a crash by speeding or texting while driving, the company usually isn’t liable. Instead, the driver is responsible for the damages.
However, rental companies must still have insurance that meets state requirements. If a company doesn’t have proper insurance, it could be held responsible even if it normally wouldn’t be.
Conclusion
If you are involved in a rental truck accident, it’s important to act carefully. You might not know right away whether the rental company is responsible.
The cause of the accident might involve many factors, and you will need an experienced attorney to investigate. Your lawyer can gather evidence, talk to witnesses, and work with experts to figure out if the rental company failed to meet its duties.
This investigation can take time but is crucial to protect your right to full compensation.