For those who are moving to a new apartment or home, a more affordable option than hiring a professional moving company is leasing a moving truck. Because most drivers do not have experience handling such vehicles, moving truck accidents are common. Moreover, rental trucks are often poorly maintained and mechanical defects can also cause or contribute to moving truck accidents. If you or a loved one has been injured in a moving truck accident, you may be entitled to significant compensation.
J&Y Law has a proven track record of success in California moving truck accident claims. Well-versed in the applicable state and federal truck safety laws, we are committed to protecting the rights of truck accident victims. When you consult us, our truck accident attorneys will handle all the details of your claim so that you can focus on recovering.
Causes of Moving Truck Accidents
There are numerous causes of moving truck accidents, such as:
- Inexperienced moving truck drivers — Moving truck drivers often lack experience handling large vehicles, are unfamiliar with the large size and weight distribution, and often misjudge speed and distance
- Distracted Driving — Rental moving truck drivers may text message, use their cell phones, or check GPS directions while on the road despite state laws aimed at reducing distracted driving.
- Negligent Driving — Speeding, fatigued driving, failing to obey traffic signals, and driving under the influence are examples of negligent driving, which may also involve improper turns/lane changes or turning without signaling.
- Truck Defects — Truck leasing companies have a duty to properly inspect moving trucks each time they are rented and check tire defects, brake defects, hitch and trailer issues, and other defects that could cause an accident.
- Weather and Road Conditions — Individuals who lease moving trucks may not be familiar with operating a large vehicle in inclement weather and also may not be aware of road defects (e.g. potholes, debris) that could cause accidents.
Who is liable in a moving truck accident?
Determining liability in a moving truck accident is complicated because state and federal laws limit the liability of truck rental companies for injuries involving a rented moving truck.
In general, a truck rental company cannot be held accountable for accidents caused by negligent drivers, unless it provided a vehicle to someone who should not have been on the road (e.g. an underage driver, an unlicensed driver, a driver lacking auto insurance). Additionally, an injury claim can be brought against the company if the accident was caused by a moving truck that was not improperly maintained or inspected (e.g. a tire blow or brake failure).
In any event, demonstrating the truck rental company’s liability requires obtaining and reviewing the service records of the vehicle and verifying that the vehicle was provided to a qualified driver. If the driver of the moving truck was negligent, it may be possible to pursue a claim against his or her auto insurance carrier, depending on the type of policy.
Some rental companies also offer additional liability insurance to drivers, which means that a claim can also be pursued against that policy. Finally, many moving truck accidents are caused by defective truck products, in which case it may be possible to bring a product liability lawsuit against the manufacturer or retailer.
Contact Our Los Angeles Moving Truck Accident Attorney
Unlike tractor-trailer and commercial truck accidents, moving truck accidents are governed by complicated negligence and insurance laws, which makes having proper legal representation crucial. At J&Y, we believe that no one should be forced to suffer because of another party’s negligent conduct and will leverage our skills and resources to hold the responsible parties accountable.
When necessary, we work with a respected network of accident reconstruction specialists to determine the causes of moving truck accidents. We will conduct an extensive investigation to determine if the company, the driver or another motorist was negligent. It is important to remember that truck accident claims can often be resolved through an intricate and detailed negotiation with an insurance company. If the insurer fails to offer the full value of your claim, we are fully prepared to litigate.
Above all, we will fight for your right to just compensation for your lost wages, medical expenses, and pain and suffering. Being injured in a moving truck accident is an overwhelming experience — don’t go it alone. Please contact our office today for a free consultation. You will not pay any attorneys’ fees to us until we recover for you.