While any traffic crash can be dangerous, truck accidents differ from car accidents. Large trucks are heavier, bigger, harder to maneuver, and may have hazardous or loose cargo. That means they pose special hazards to others on the road.
Although rental trucks aren’t as large as tractor-trailers, they are bigger than standard passenger vehicles. And unlike commercial trucking, driving a rental truck requires no training or experience. Truck accident lawyers see firsthand the damage rental trucks can cause.
If you’ve been involved in a rental truck accident, you may consider filing a personal injury lawsuit. But how do you determine who is at fault in rental truck crashes? Here, experienced Indiana big-rig accident lawyers cover what you need to know about liability.
Common Causes of Rental Truck Collisions
Trucking accident law firms often see the following causes of rental truck crashes:
- Driver inexperience: Because no special qualifications are required, virtually any adult with a license can rent a truck and start driving. Inexperienced drivers may not understand the truck’s blind spots, longer braking distance, and larger turning radius.
- Truck condition: Between hauling loads and driving cross-country, rental trucks sustain a lot of wear and tear. The company should inspect the vehicle between each rental, but they don’t always do so. Drivers may rent trucks with bad tires or faulty brakes, which they may overlook until it’s too late.
- Driver distraction or impairment: As with any other type of vehicle, truck renters may drive while fatigued, texting, eating, drinking, or under the influence of drugs. They also may not follow the speed limit or at a safe distance behind other vehicles.
- Cargo and tow problems: Unbalanced loads in rental trucks and tow trailers present their issues. Both can affect the vehicle’s handling, leading to rollovers or jackknife accidents.
Who Is Responsible for Rental Truck Accidents?
In many car accidents, the vehicle owner and the driver are the same person. However, as any tractor-trailer accident attorney knows, trucking accidents are not always as clear-cut. The following parties may be legally liable for a crash:
- The driver: Drivers are responsible for safely operating their vehicles, including rental trucks. If the renter drives recklessly, too fast for road conditions, or after drinking alcohol, they would be liable for an accident.
- The rental company: Rental companies may also be liable if they were negligent. Examples of negligence include improperly maintaining vehicles, renting trucks to intoxicated people, or failing to check driver’s licenses.
- The truck manufacturer: If a mechanical defect caused the accident, the truck or parts manufacturer may be responsible. Examples include malfunctioning brakes, faulty door latches, and defective tow hitches.
The at-fault party’s insurance pays out compensation claims in a typical accident. However, many auto insurance policies don’t cover rental trucks.
If the driver purchased liability insurance through the rental company, you would file a claim against the company’s insurer. Otherwise, the driver would have to pay for your losses. A truck accident lawyer can help you identify the responsible party and insurer.
What If I Was Partly To Blame for a Rental Truck Crash?
Commercial vehicle accident lawyers know truck crashes aren’t always black and white. Sometimes, more than one party is at fault.
Indiana uses a modified comparative negligence system in cases of shared fault. That means if you are less than 50% responsible for an accident, you may still qualify for compensation from the other party. However, the award amount would drop in proportion to your degree of fault.
Whether you need a rental truck accident attorney or a semi-truck crash lawyer, Stewart & Stewart Attorneys can help. Call (317) 827-7934 today for a free consultation with an experienced Indiana truck accident lawyer.