• Home
  • Blog
  • Who Is Liable for an Accident Involving a Rental Truck?

Who Is Liable for an Accident Involving a Rental Truck?

When it comes to accidents involving rental trucks, the circumstances might not be quite the same as your typical car crash. These crashes come with their own set of challenges when you want to pursue compensation.

Determining responsibility is the first step. In these situations, who is liable for an accident involving a rental truck?

You need to find out everything, from who was behind the wheel to who may be responsible for keeping the truck safe. All these factors play a big role in assigning fault. Many times, untangling responsibility can be a challenge, and you want to be prepared for these situations.

Here’s what you can expect when you are involved in a rental truck crash.

More Than One Party Could Be Responsible

You are not just dealing with one driver in a rental truck crash. There are often several parties involved, such as:

  • The person driving the vehicle. This could be the renter, someone they authorized, or sometimes someone who was not authorized to operate the vehicle.
  • The rental company that owns the truck
  • Other drivers or businesses connected to the rental, like an employer, if the truck was rented for work.

In these cases, figuring out who is legally responsible can take some digging. For example, if someone who was not allowed to drive the truck caused the accident, the rental company might try to avoid responsibility.

But there could still be ways to hold them accountable. If they rented the truck to someone they shouldn’t have, they could be liable for damages in the crash.

When Rental Companies Might Be at Fault

Rental companies have a duty to make sure they are renting trucks only to drivers who are qualified and safe. Unfortunately, that does not always happen. This could be called negligent entrustment if they rent a truck to someone with a bad driving record or without a proper license.

What does that mean? With that, the rental company and the driver could share responsibility for the accident. However, proving this can be tricky, but you or your legal team will need to show that the driver was clearly unfit or unauthorized.

The Condition of the Truck Matters

Since rental trucks are bigger than cars, problems like brake failure or tire blowouts can quickly turn dangerous. Rental companies are expected to keep these trucks in top shape.

If a mechanical issue caused or contributed to the crash, the rental company could be liable for not properly maintaining the truck. For legal action, you will need access to maintenance records and expert opinions to prove your allegations in the claim.

Loading and Weight Can Affect Safety

Many rental trucks are used to haul furniture, equipment, or heavy loads. If a truck is overloaded or loaded incorrectly, it can become unstable. In turn, that can lead to accidents.

If the driver put too much weight in the truck or loaded it improperly, they might be held responsible. But sometimes rental companies share the blame. This can happen if they do not properly inform renters about the truck’s limits.

Insurance Claims Can Get Complicated

Rental trucks might be covered by several insurance policies. But figuring out who pays what can be confusing. These policies may include:

  • The rental company’s insurance
  • The driver’s personal auto insurance
  • Commercial insurance if the truck was rented for business

This mix of coverage can lead to disputes over who is responsible. You need a lawyer to carefully review these insurance policies to make sure you are not left without fair compensation.

What Happens When Rental Trucks Are Used for Business?

Many rental trucks are rented for commercial purposes, such as moving companies or contractors.

When that is the case, different rules and insurance policies apply. Businesses usually have stricter responsibilities for driver qualifications and vehicle safety. These are all examined closely in legal claims.

Get the Help You Need for Your Rental Truck Accident Claim

Unfortunately, determining the responsible parties can be a headache. However, you have options, and you can explore them by talking to the team at Owen, Owen & Smith, PLLC.

When you get legal help, you have a better chance of sorting through the complications and making sure your rights are protected. Find out how we can assist with these claims.

01
Proven Experience

Our attorneys have nearly a century of combined trial experience.

02
Committed to Excellence

We're dedicated to providing excellent results for every client.

03
Mississippi's Voice

We're proud to give a voice to those who are injured.