Who Is at Fault in a Rental Truck Accident?

Rental trucks may not be as large as commercial trucks, but they can still cause significant damage in an accident. Anyone who has a license can rent a truck and they are not required to go through special training. As a result, there are many collisions involving rental trucks each year, and who is at fault will depend on the unique circumstances of each case.

Rental Truck Driver Liability

The rental truck driver is responsible for adhering to traffic laws and operating the vehicle safely. Therefore, if their negligence was responsible for the accident, they might be at fault and liable for the resulting damages. Some common examples of rental truck driver negligence include:

• Distracted Driving: Common types of distractions include the use of cell phones, eating, daydreaming, talking to passengers, using GPS, changing the music, etc. However, any activity that takes the rental truck driver’s eyes off the road, hands off the wheel, or mind off driving is dangerous. Even if only for a split second, getting distracted can result in a catastrophic distracted driving accident.
• Speeding: A leading cause of car accident fatalities, and the higher the speed, the more forceful the impact and the risk of catastrophic injuries. When rental truck drivers travel at high speeds in a vehicle they are not familiar with, they can quickly lose control, and the amount of time they have to react is drastically reduced.
• Aggressive Driving: Rental truck drivers may be in a rush, which can lead to aggressive driving behaviors. For example, abrupt lane changes, weaving, failing to yield the right-of-way, disobeying traffic signs and signals, etc. All of which can easily cause a car accident.
• Driving While Impaired: Being under the influence of alcohol or drugs can dramatically impair a person’s ability to drive safely, even if it is a prescription medication.
• Driver Fatigue: Drowsy drivers are three times more likely to be involved in an accident, according to the National Safety Council.

Rental Truck Company Liability

The rental truck company may be liable for an accident in certain situations. Companies that rent vehicles have a legal obligation to properly maintain their trucks and ensure their vehicles are safe for use. If an accident resulted from improper or a lack of maintenance, the rental company can be held accountable.

Only licensed drivers are able to rent a truck. That means rental companies are also responsible for ensuring the driver operating the rented vehicle has a valid driver’s license. If they fail to do so, the company is liable for any resulting injuries or property damage caused by the unlicensed driver. Lastly, the rental company can be liable if they rent a truck to a driver who was visibly impaired by alcohol or drugs.

Rental Truck Manufacturer Liability

When a rental truck accident is caused by a defective part or due to the truck’s design, liability can fall on the manufacturer. For example, a defective tire blowout, brake failure, a problem with the steering or coupling (kingpin) systems, or a high profile increasing the truck’s tendency to rollover. Some of these could be a maintenance issue, but if the failed part or system was defective from the start, a product liability claim can be filed against the manufacturer.

If you were involved in a rental truck accident, you may be able to recover compensation for your injuries. Contact an experienced truck accident lawyer from Harris & Harris Injury Lawyers to schedule a free consultation to explore your legal options.