Causes of Moving Truck and U-Haul Truck AccidentsThere are many causes of moving truck and U-Haul truck accidents. Some of these can be attributed to the negligent actions of other drivers on the road, while some may be due to the lackluster or absent inspection by U-Haul itself. A few of the most common factors contributing to serious truck accidents are as follows:
- Inexperienced U-Haul truck drivers: Unfortunate for many individuals on the roads, truck rental companies furnish trucks and trailers to drivers who lack the proper experience to handle large vehicles. They do not have CDLs and they do not know how to account for the large size, fishtailing, weight distribution, and more. They also often misjudge space and speed.
- Distracted Driving: With the common use of the cell phone in today’s age, truck drivers often text message, check emails, check GPS directions, and receive instructions all while on the road. U-Haul drivers are more distracted and inattentive than ever before. New California and Federal legislation has attempted to curb the rising tide of distracted driving accidents, but it is largely ineffective.
- Negligent Driving: Common acts of negligence or the road include speeding, fatigued or sleepy driving, neglecting roadway directions, and failure to yield at stop sings and traffic lights. Other drivers will take some kind of substance like alcohol or drugs while driving. It is also common for drivers to turn without signaling or to improperly merge onto freeways.
- Truck Defects: The trucks should be properly inspected each and every time they are rented by an individual. The company should check for any tire defects that may cause blowouts, brake defects, hitch and trailer issues, and more.
- Weather and Road Conditions: Many individuals who drive U-Haul trucks do not account for the weather, which may be foggy, rainy, or snowy, and thus, they cannot operate the trucks in such conditions. They also may not know about any defects on the road, like sudden curves and potholes, that could cause accidents.
Truck Rental LiabilityA common question asked by many of our clients is whether the rental truck company can be held at fault (liable) for injuries in an accident involving the rented truck. Rental truck liability can be limited by the waiver in the terms and conditions that are signed by individuals renting the vehicle. Other restrictions on liability may be placed by specific California and Federal laws limiting the liability of truck rental companies. In general, though, it is very difficult to hold U-Haul or any other truck rental company liable, as they merely provided the vehicle and not the driver. If the driver behaved negligently, the company could not control that because he is not an employee. In situations where the U-Haul company provides a vehicle to someone who legally should not have been on the road, such as an underage driver, a driver without a license, or a driver lacking sufficient auto insurance, then the company can be held liable. All drivers must have these basic qualifications in order to rent. U-Haul must also not rent a truck to anyone who appears to be visibly intoxicated. As such, possible unorthodox avenues of litigation may be available against truck rental companies for the renting of defective trucks, and against parts manufacturers for defective truck trailers and hooks.
Defective Truck and Trailer Manufacturer LiabilityIn many instances, defective auto parts are the chief cause of truck accidents. Generally, there are three way attorneys for an injured client to prove the existence of a defective product. They are:
- (1) Defect based on the original design of the product, which is usually caused by the failure to properly test the product before its sale to consumers.
- (2) Manufacturing defect, which is usually caused by the failure to property manufacture the good because of attempts to reduce the cost of the manufactured item. In these circumstances, one needs to show that the manufactured product was divergent from the intended design. There may have been a factory issue or a machine error that caused the part to become defective. Bear in mind that wear and tear does not mean that there was a defect present.
- (3) Labeling or warning defect, which usually arises out of a failure to properly warn its known dangers and potential hazards.
What form of Compensation can I Receive for my injuriesRecovery for your damages in a traffic accident involving a U-Haul rental truck and moving vans is dependent on many factors. The insurance agent responsible for handling your case will determine the value of your claim by measuring different parts of it. He will look at the extent of the injuries you suffered and consider how much of an impact they had on your daily life, extended life, and present and future career opportunities. Minor injuries that are not too afflicting will lead to small settlement offers, while major damages will naturally net higher rewards. A dedicated and experienced personal injury attorney will be able to establish a claim for compensation to receive restitution for the following:
- Medical Expenses for emergency room visits, doctor’s appointments, hospitalization, medication, and rehabilitation
- Loss of income and impairment of earning capacity from both the past and future
- Future special care and disability care needs, including life care, nursing, and vocational rehabilitation
- Pain and suffering for mental distress, anxiety, PTSD, and other forms of emotional trauma
- Punitive damages, which are additional forms of monetary compensation meant to punish the defendant and are handed out in times of gross negligence or the deliberate attempt to cause harm; they are only able to be won by a skilled, attorney, though, as they are often viewed as excessive or harsh
Time Period For Filling a LawsuitVictims of personal injury are allotted a specific time period for filing a lawsuit in the court of law. The statute of limitations for filing a case is determined by the jurisdiction where the case will be tried. For example, the statute of limitations for filing an injury lawsuit in civil court in two years from the date of the accident, while it is six years in the state of Maine. California law dictates that the plaintiff has 2 years to sue. To find the statute of limitations for filing a personal injury claim in your state see here. There are a few ways in which the statute of limitations can be extended. This is possible in scenarios where the victim is underage (minors can sue when they turn 18 and follow the statute then), physically or mentally compromised (individuals in comas or who suffered mental breakdowns can wait until the return to health before adhering to the statute of limitations), or is not able to locate the defendant in the state (the statute will resume when the defendant returns).
Learn more about your legal options by chatting with a representative now.