Rental trucks are a necessity in New York City. Every day, U-Haul, Penske, Home Depot, and other companies rent trucks to help people move, haul furniture, load and unload storage units, and transport supplies and merchandise across the city. Unfortunately, rental truck accidents aren’t all that uncommon. While many U-Haul accidents are limited to fender benders that result in moderate property damage, others cause serious, often life-changing injuries to those involved. It’s not unheard of for rental truck accidents to be fatal, either.
When you’re involved in an accident with a rental truck in NYC because someone else is negligent, you need to understand your legal rights and options moving forward. You’ll likely have the opportunity to pursue compensation, but given the complex nature of rental truck accidents, it’s important to consult an experienced NYC truck accident attorney to help you maximize your damages.
One of the most challenging aspects surrounding rental truck accident cases is liability. Under New York State law, anyone who contributes to a rental truck accident, even incidentally, can share responsibility if the crash results in property damage, personal injury, or wrongful death.
What Causes Most Rental Truck Accidents?
You can rent a large 26-foot box truck from U-Haul even if you don’t have a Commercial Driver’s License (CDL). You can rent a large box truck from Penske even if you’ve never driven anything remotely like it before. There’s a reason why commercial truck drivers undergo extensive training and testing before they’re allowed behind the wheel of a large vehicle – they’re much more difficult to navigate.
Not surprisingly, driver inexperience is one of the most common causes of rental truck accidents in NYC. Rental truck drivers aren’t used to driving large vehicles and are more likely to struggle when braking, making wide turns, maintaining a single lane of traffic, steering, and adapting to shifting cargo. The magnitude of a “simple” mistake, oversight, or miscalculation in doing any of these things can be amplified when behind the wheel of a U-Haul box truck.
Some rental truck accidents are also caused by problems with the trucks themselves. If a rental truck company fails to conduct regular vehicle maintenance or inspect for defects and broken components, the rental vehicle can be unreliable and break down while in use by a customer. Missing simple things like balding tires, low tire pressure, or worn brakes can significantly increase the likelihood of a rental truck experiencing a tire blowout or brake failure. Environmental factors – like potholes, road defects, bad weather conditions, and road construction can also cause rental truck accidents, too.
Understanding Why Someone Might Be Liable for a Rental Truck Accident
Depending on how and why the rental truck accident happened, potentially liable parties could include the:
- Rental truck driver
- Rental truck company
- Truck manufacturer
- Driver of another vehicle
- Bicyclist or pedestrian
- Negligent party’s employer
- City or state government agency charged with maintaining safe roads
It’s not uncommon for multiple parties to bear some of the blame when a rental truck is involved in a New York City traffic accident. In these situations, liability is divided and shared proportionately to fault. The more a party’s negligence or harmful actions contribute to a U-Haul accident, the more they’ll be expected to cover crash-related damages.
How Do I Win a Rental Truck Accident Case?
Under New York’s no-fault system, you’ll be required to file a claim with your insurance company after a rental truck accident, even if you weren’t at fault.
If your injuries are severe and you’ve maxed out your PIP benefits, you can seek additional damages from the negligent rental truck driver, the rental truck company, or another liable party.
In these situations, you’ll generally need to prove (a) someone else was negligent or (b) the rental truck or one of its components was defective. In either case, you’ll need facts and evidence that support your assertions. Depending on the specific circumstances of your rental truck accident, helpful evidence might include:
- GPS locator data
- Driver cell phone data
- Vehicle or component recalls
- Video footage of the rental truck accident
- Vehicle maintenance and inspection records
- The truck rental company’s rental policies and procedures
- Damage to the rental truck, other vehicles, and property at the scene of the collision
- Photographs of the scene of the crash and/or problems with the rental truck (e.g., worn-out tires, damage under the hood)
The best way to deal with the aftermath of a rental truck accident is with an experienced NYC truck accident lawyer by your side. The Platta Law Firm understands the unique challenges you may face as you pursue compensation from a company like U-Haul or Penske, and we can offer the winning legal representation you’ll need to force a meaningful financial recovery. Contact our New York City law office today at (212) 514-5100 to schedule a free consultation.