Often, drivers will get on the road and be distracted or be overly concerned with their vehicles as opposed to how traffic is moving and how other drivers are maneuvering around them. This is especially prevalent in cases involving rental trucks. Those who use rental trucks often do not have them for more than a few hours, and the drivers may not be familiar with the trucks or how they handle. They may also be primarily focused on keeping their belongings from falling over or ensuring that there will be no issues or damages while on the road. It is important for you to take legal action if you were involved in a truck accident with a rental truck, no matter if you were behind the wheel of the rental or if you were struck by someone operating the vehicle. Our team at the Downtown LA Law Group can provide you with an expert rental truck accident attorney to handle your lawsuit.
What Causes Rental Truck Accidents?
Rental trucks are generally used to move from one home to another or to transport materials. A lot of rental trucks are supplied by moving facilities, department stores, and rental agencies. The trucks come in numerous varieties – they may be box trucks that have sliding and locking doors in the back to keep the contents inside, or they may be trucks with open beds that allow you to load material and strap it down.
Because rental trucks are generally not owned and operated by those behind the wheel, it is no surprise that it can be difficult for the individuals to handle them. They may not be used to larger steering wheels or having to exert a greater amount of control over the truck. They may not know about taking turns too sharply or how sizable the vehicle actually is. They generally lack experience – most have no CDL, or certified driver’s license, to show that they can drive such large, cumbersome vehicles.
Many drivers are involved in accidents because they speed, tailgate, drive recklessly, ignore the weight distribution of the contents of the container, fail to properly load the bed or enact hazard lights, and more.
There are times, though, when rental trucks are returned to the company and have problems with them. They may have low tires or the engine and brakes may have started to act up. It is the responsibility of the company to ensure that all trucks are in working order before sending them back out to the street to be used, but because of the high demand for these trucks, many companies simply skip this process. It is common for a truck to be improperly inspected and then rented out to a customer.
If you have been involved in a rental truck accident, don’t hesitate to take legal action. Contact a Los Angeles rental truck accident attorney today to get started on filing a lawsuit.
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How Can I Sue For A Rental Truck Accident?
Many rental agencies provide customers with additional services upon renting a truck. They offer supplemental insurance, for expel, that will waive the cost of any damages that occurred to the vehicle. This collision damage waiver comes at a small extra price.
If you are involved in a rental truck accident, you can sue the person driving the rental truck (or the other party if you were in the rental truck itself). You cannot sue the rental agency if they have no part in the accident. The only way to sue the rental company is if they provided an uninspected truck to the customer or if they allowed a customer to rent a truck when they shouldn’t have.
For example, only certain individuals can rent trucks; drivers must be over the age of 21, have a valid driver’s license, and have valid personal auto insurance. If a rental agency provides a truck to someone who does not have these traits and items, then they become partially responsible. The individual otherwise should not have been on the road, and the rental company turned a blind eye or sought profit instead of protecting other people on the road.
If you wish to sue a rental truck agency, you must prove that you were the victim of negligence. This means that the responsible party must have owed you a duty of care that was breached, and that breach of duty caused an accident that resulted in physical harm. These four points must each be shown to be true or you will not be able to collect compensation. For example, if you weren’t injured, you won’t have grounds to file a personal injury claim.
To sue, you should have ample evidence for your claim. This includes pictures of your injuries, photos of the damage to the car, pictures of the scene of the accident, the rental agency’s contact information. The responsible driver’s insurance details, eyewitness and passenger statements, a copy of the police report, medical bills and notes, and anything else that would give more credence to your claim.
What Can I Receive From A Rental Truck Accident?
If you were involved in a rental truck accident, you can receive ample compensation for your damages. The exact amount will not be revealed until the insurance agent weighs all of the factors of the case and comes up with a number. He will do this by measuring the severity of your injuries, how they altered your daily life and career opportunities and capabilities, how liable you were for the accident, and more.
These measurements will then be counted off and added together into one offer. We will then negotiate a fairer offer; insurance agents have a tendency to lowball their offers and try to keep as much money in their pockets as possible. The more they keep for the agency, the less goes to clients and victims. We will be sure to bring you coverage for the following:
- Medical expenses from surgery, hospitalization, medication, physical therapy, and future medical procedures
- Lost wages from the past and future
- Property damage for any items or belongings that were lost, broke, or in need of replacement
- Pain and suffering damages for mental scarring, psychological trauma, PTSD, anxiety, fear, and more
You may also be able to recover punitive damages to punish the defendant if he actively attempted to harm you or if he drove with gross negligence, or wrongful death damages if a family member or loved one passed away in the rental truck accident. It will be up to your lawyer to secure you every cent you deserve.
How Long Do I Have To Sue For A Rental Truck Accident?
If you are unsure of how much time you have left on your claim, you can call our firm for more assistance. In California, you will likely have two years from the date of the injury to file a claim against the responsible party for your rental truck accident. If you wait too long, you will not be able to receive any compensation at all. It is important that you get legal help quickly so that specific witnesses and others involved will have clear memories.
The statute of limitations can be extended in certain situations. For example, if you were under the age of 18 you would not have to worry about the statute until you turn 18 years old and can legally sue by yourself. If you were physically or mentally incapacitated after an accident and unable to sue, you could also have the statute temporarily halted until you get healthy. In some cases, the defendant leaves the state or country and does not return to some time, which would in turn cause your deadline to freeze and get extended.
Get started today by calling (213) 389-3765.
To ensure that your claim is filed in the correct amount of time and you do not miss any deadlines from the insurance agency, let our law firm help.
Your Best Choice
Your best choice for proper representation in a rental truck accident lawsuit is our law firm, the Downtown LA Law Group. We have years of experience handling truck accidents and have the best track record for winning claims against rental agencies. We know the strategies to winning your claim and will do all we can to ensure that you are properly covered and protected after you have been involved in an accident. We will aggressively pursue your proper restitution, and we will not rest until we are satisfied with the result.
If you need a free legal consultation, call our firm today. We will be glad to answer any question you have and will tell you what we think we can win for you if you hire us for your claim. All consultations are confidential, and you do not have to worry about your private details being shared elsewhere. We are available 24 hours a day, 7 days a week, and will be happy to take your call.
We will also give you our zero fee guarantee, which promises that you won’t spend a dime of your own money throughout the lawsuit. We won’t get paid unless and until we win, and you won’t pay us if we lose. Your financial standing is important to us, and we will never ask you for money ahead of time.