Rental Truck Accidents
If you are injured in a rental truck accident in Southern California, you may need to recover your medical expenses and lost wages. There are many possible causes of a rental truck accident, but one of the most common is an inexperienced driver who does not know how to maneuver a rental truck and who may be distracted. Other causes can include other drivers who do not know how to operate their vehicles around a rental truck, as well as truck defects. Some people hope to pin the blame on the rental company. At Sharifi Firm, APC, our Los Angeles truck accident lawyers may be able to help you hold the proper parties responsible for your injuries.Legal Action After Rental Truck Accidents
If you are in a different car and are injured by a rental truck, you may be able to recover damages from the rental truck driver. Sometimes the driver is covered by their own insurance or rental insurance. The insurance for a rental truck can be complicated. While a driver's car insurance policy may automatically cover insurance for a rental car, it may not automatically cover a rental truck or another large vehicle. Often, the renter needs to pay for supplemental rental vehicle insurance to be covered in case they are negligent.
Assuming that there is supplemental rental vehicle insurance or that the renter has significant assets like a house or vacation properties, you will need to establish the rental truck driver's negligence by proving the duty of the rental truck driver, a breach of duty, causation, and damages.
The situation is more complicated when the rental truck driver is uninsured. In that case, you may be wondering whether the rental truck company can be held liable. However, in many cases, rental truck liability is limited by a waiver in the agreement signed by whoever rented the vehicle.
There are situations in which the liability of the rental company may be established, but these situations are rare. For example, if the rental truck company entrusts the vehicle to somebody whom it knows has no driver's license and has a record of drunk driving, it could be held liable for its own negligent entrustment of the vehicle. Similarly, if the rental truck company does not adequately maintain the vehicle, and the lack of maintenance is what causes the accident, it could be liable for your injuries.
Sometimes a rental truck accident is a result of a defective part. You can recover damages from a manufacturer of a rental truck or a component of a rental truck if there is a design or manufacturing defect, and it caused the injuries. A part has a design defect if the design itself is flawed. For example, it could arise because there was no proper testing of the part before it was sold. A part has a manufacturing defect if the part deviates from the design in a way that makes it unreasonably dangerous.
If you are able to recover damages after a rental truck accident, you will likely be limited to compensatory damages. Punitive damages may be available, but typically only in cases involving drunk driving. Compensatory damages may include medical bills, lost wages, lost earning capacity, household services, pain and suffering, loss of enjoyment of life and activities, loss of consortium, and mental anguish.Consult a Truck Accident Lawyer in Los Angeles or Beyond
Normally, commercial trucks are heavily regulated because the injuries that may be inflicted can be catastrophic or deadly, due to the weight and size of the truck. However, rental trucks are not considered commercial vehicles, and often the people driving them are inexperienced with these larger vehicles. They do not need a commercial driver's license or special training to rent the truck. After a rental truck accident, it is crucial to determine what the causes of the accident were. At Sharifi Firm, APC, our experienced attorneys can evaluate the circumstances surrounding a motor vehicle collision to determine whom to hold accountable for your injuries. Contact us at (866) 422-7222 or via our online form. We also represent people in San Bernardino, Temecula, Rancho Cucamonga, Glendale, Covina, and Riverside.