Your lawyer can explain who is liable for your moving truck accident – each collision is different. Depending on your circumstances, liable parties may include:
- A moving company
- A moving truck rental company
- The driver of the moving truck (whether they work for a moving company or rented the truck)
- The manufacturer of a defective truck
Per U-Haul, a loaded moving truck may weigh more than 12 tons. Those who own, rent, and drive these trucks must act reasonably at all times. A failure to do so may be negligence and entitle you to compensation.
How to Determine Liability For a Truck Accident
Liability may change based on certain conditions, including:
When a Moving Van Truck Driver Is Liable
A moving or van rental company is generally liable for its employees. The driver of the truck may be:
- An individual who rented the truck to move their belongings
- An employee or owner of a moving company
- An employee or owner of a moving truck rental service
- An individual who owns a moving truck
These factors may determine who is liable for your moving truck accident. The insurance status of the driver may also be relevant. A driver whose insurance does not cover the moving van may have to pay out-of-pocket for your losses. An employee of a moving company or moving truck rental service may have coverage through their employer’s insurance.
Per 49 U.S. Code § 30106, truck rental companies are not generally liable for a renter’s actions.
When a Moving Company or Moving Van Rental Service Is Liable
A moving company or moving van rental company is generally liable for their employees. If an owner or employee caused your accident, the company might cover your losses. These conditions may change based on specific insurance policies and company policies.
These companies may always be liable when their negligence leads to an accident. Negligence may include:
- Hiring drivers who have a history of causing accidents
- Hiring drivers with suspended or revoked licenses
- Failing to service moving vans
- Failing to monitor drivers for drug use, intoxication, and other forms of impairment
- Overloading vehicles beyond limits set by the U.S. Department of Transportation
Negligence by a moving or truck rental company could be relevant to your case.
When a Moving Truck Manufacturer is Liable
A truck manufacturer may be liable when their product malfunctions. Manufacturers of individual components – brakes, tires, or other features – may be liable when their products malfunction.
Other parties could be liable under certain circumstances. Your lawyer will explore all standards of liability when leading your case.
What Should You Do After a Moving Truck Accident?
If you haven’t yet gotten medical care, you should see a doctor. Any undiagnosed injuries could endanger your health. You must also establish a record of your injuries.
You could hire a personal injury attorney after your moving truck accident. We will help file your claim and take over your case.
How Can a Personal Injury Attorney Help After a Moving Truck Accident?
Our firm will lead your case for awards. We will:
- Determine liability for your moving truck accident: Liability is not always obvious, especially when moving or rental companies are involved. Our team will gather all relevant facts and identify defendants in your case.
- Document your losses: Medical bills, proof of lost income, mental health evaluations, and vehicle repair invoices may prove your truck accident damages. We gather, organize, and protect documentation of your losses.
- Deal with those who owe you compensation: We communicate with insurance companies, attorneys, and liable individuals. These parties may violate your rights – we’ll ensure that they don’t.
- Handle settlement negotiations: Our team negotiates compensation on your behalf. We may present evidence, provide witness testimony, and make oral arguments.
- Complete any necessary trial: Some settlement negotiations fail to produce fair compensation. We are prepared to go to trial if your case requires it.
We’ll handle your entire claim, from determining who is liable for your moving truck accident to negotiating a settlement.
What Losses May You Receive Compensation For?
A recovery from a lawsuit may cover:
- Pain and suffering
- Medical expenses
- Temporary transportation
- Treatment for psychological trauma
- Lost income
- Lost earning power
Moving vans may cause significant injuries. If you lost a loved one, we could seek:
- Funeral costs
- Counseling services
- Lost financial support
- Your loved one’s medical costs from before their passing
- Loss of consortium
We work with clients and their doctors to identify all losses. Your financial recovery should reflect both existing and future losses.
Call George Sink, P.A. Injury Lawyers to Discuss Your Case
Our firm has served clients like you for more than 40 years. A moving truck accident can cause significant harm. We’ll pursue a just recovery for you and your loved ones.