Legal Options if Injured in Accident Caused by Moving Truck
Driving a large moving truck without prior experience can be dangerous and accidents often result because the driver doesn’t fully understand how to operate it. If you or a loved one was struck by a moving truck, discuss your situation with KNR.
Moving Truck Accidents
Moving should be an exciting time. You’re packing up your family and belongings to start a new life – or business – in a fresh and exciting place. But what if you were hurt in an accident caused by a moving truck while you were on the way to start your new life? The experienced Ohio truck accident attorneys at Kisling, Nestico & Redick have helped numerous people who have been in moving truck accidents get compensated for their injuries and damaged property.
Call us today at 1-800-HURT-NOW to discuss your case and determine your options.
Drivers of Moving Trucks May Lack Experience
If you’ve ever moved to a new house, chances are you hired movers to help. It’s also possible you rented a truck and decided to move your belongings on your own. Rental companies offer vans and smaller box trucks that are often as easy to drive as a car. But they also rent out large trucks that are 15, 20, or even 26 feet long, and don’t require renters to have a commercial driver’s license (CDL). Since the average four-door sedan is only about 14 feet long, many drivers may not really understand it’s like to drive such a big truck.
There are many differences between the truck and sedan to consider. A large truck is heavier, doesn’t have the rearview mirror that many drivers rely upon, and it’s much longer. Trucks have side mirrors, but passenger cars often drive in the blind spots, so truck drivers must check blind spots carefully before turning or changing lanes. A trained semi-truck driver who has logged thousands of hours on the road would know to do this, but would an average person renting a U-Haul for the weekend to know how to, as well?
Moving truck accidents often occur because a person who has never driven a large truck rents one and doesn’t fully understand how to operate it. They may cause an accident in a number of ways:
- They rear-end someone because they are not maintaining a safe distance from the vehicles in front of them.
- They do not apply the brakes in time, which also causes them to rear-end a car.
- They do not carefully check their blind spots and change lanes right into another driver.
Who Is Responsible for A Moving Truck Accident?
If you’ve been in an accident with a moving van, you need to determine who was driving, because it will affect who can be held liable for the damage caused. Parties that could potentially be held responsible for moving truck accidents include:
- An employee of a moving company (or the moving company itself). The driver and their employer could both be responsible. The driver would be liable if they cause the accident because they were negligent. But their employer could also be responsible, because the driver was acting within the scope of their employment.
- The automobile or auto part manufacturer. In some cases, a moving truck accident is caused by a faulty part in the truck. If this is the case, the manufacturer of the commercial moving truck could be held liable.
- Someone who rented the truck. It’s likely that the rental company will not be responsible if the accident was caused by a careless driver. In this type of accident, the driver of the rental truck is liable. However, if it is discovered that the accident was caused because of problems with the rental truck, the company may be responsible. For example, say you were rear-ended by a rented moving truck, and the driver tried to stop but the brakes did not work. Or maybe an old, balding tire on the rental truck blew out, causing the driver to lose control and smash into you. If the rental company does not keep their equipment serviced and in good condition, they are not exercising their duty of care.
Insurance for Rented Moving Trucks
People who rent moving trucks may not realize that their personal auto insurance policy might not cover them when they are driving a rented moving truck. If you get into an accident and you’re not covered, you’re responsible for the damage done to the other driver, and the damage done to the rental. That’s why truck rental companies offer the purchase of a collision damage waiver (CDW) at the time of rental. While not technically insurance, this protection waives your legal liability for damage done to the rental truck while it’s in your possession.
Legal Options for Moving Truck Accidents
Keep in mind, a CDW only protects a driver from being responsible for damage to a rental. It does not reduce their liability to you. When the driver of a rental hits your car, they are personally held accountable for the damage they have done to your property and any injuries you’ve suffered.
Whether the accident was caused by someone in a rental or an employee of a moving company, you can seek damages for problems such as:
- Medical bills
- Lost wages
- Pain and suffering
- Mental stress
- Rehabilitation and physical therapy
- Damage to your car or any personal items inside the car at the time of the accident.
How Kisling, Nestico & Redick Can Help
Moving truck accidents can be difficult to navigate because you need to determine who was driving the truck to figure out fault. Luckily, the attorneys at Kisling, Nestico & Redick have extensive experience with these type of accidents. We can do the leg work and prepare your case while you focus on your recovery.