Liability in Tennessee Rental Moving Truck Accidents
Many people who move rent a moving truck from companies like U-Haul instead of hiring a professional mover. Rental trucks come in all shapes and sizes, but they are full trucks rather than the smaller loading vehicles that drivers attach to the back of their cars. While there are advantages to renting your own truck, such as saving on costs and moving according to your own schedule, there are also dangers.
Driving any truck is difficult, but traveling in one with heavy cargo is especially challenging. Regardless of whether the move is across town or several states away, if the driver lacks the necessary experience or skills, they could be putting themselves and others at risk.
What types of moving truck accidents happen with rental trucks?
At Rocky McElhaney Law Firm, we handle all types of rental truck accidents, including the following:
Common accidents that impact all drivers
These types of accidents include those that might occur in any car accident, such as:
- Head-on collisions
- Rear-end accidents
- Broadside accidents
- Intersection accidents
- Sideswipes
- Single-vehicle accidents
- Multi-vehicle accidents
Accidents that are generally unique to truck accidents
These types of accidents include:
- Wide-turn accidents
- Accidents due to shifting cargo
- Blind-spot accidents
- Overpass accidents
- Rollover accidents
- Accidents such as passing accidents due to the width of the rental truck
- Jackknife accidents if the rental truck uses a hitch
Why are U-Haul rental trucks and other rental trucks difficult to drive
Rental trucks include pickup trucks, cargo vans, box trucks, and stake-bed trucks. Generally, drivers do not need to have a commercial driver’s license (CDL) to operate most rental trucks. A CDL is required for trucks with a gross vehicle weight rating of (GVWR) of 26,001 lbs, but most rental trucks weigh less than this amount.
Even if most rental trucks are not as large as commercial vehicles, operating them is different from driving a car. Rental trucks do not have rear or side windows other than in the cab or the front of the truck. This means seeing around the truck requires using outside mirrors and any available camera technology. Blind spots make turning and changing lanes especially dangerous. Other dangers of driving a rental truck include:
- A larger turning radius
- More time and distance to stop the vehicle
- Less ability to steer the vehicle
- A reduced ability to respond to emergencies
What are the common causes of moving truck accidents?
In addition to driver inexperience, other causes of rental truck accidents in the Nashville region include:
- Distracted driving, such as looking at a GPS to find the route to the driver’s new residence
- Speeding, tailgating, improper turning, improper lane changes, and other traffic violations
- Drunk or drugged driving
- Driver fatigue, such as when the move is to a new state
- Driving too fast for weather or traffic conditions
- Failing to properly load and secure the cargo so that it does not move while the truck is in operation
Rental truck accidents may also be due to defective truck parts or defective maintenance of the truck. For example, the tires should have the correct tread and tire pressure. The brakes must be in working order.
Who is liable for rental moving truck accidents?
Our Nashville truck accident lawyers file personal injury and wrongful death claims against every responsible person or business that causes your injuries or the death of a loved one. The victims may include the occupants of other vehicles, pedestrians, and bicyclists. The defendants may include:
- The driver of the truck
- U-Haul or any other truck rental company
- A manufacturer of defective truck parts
- A truck maintenance company that the rental company or the renter of the truck uses
The drivers and passengers in the rental truck may also have a legal claim against another driver, the rental company, a truck part manufacturer, or a truck maintenance company.
We can review the arrangements the rental company has with manufacturers, maintenance companies, and repair companies, which can affect who is responsible and what insurance coverage applies.
Rental companies may also be liable for failing to conduct routine maintenance and inspections. One additional legal ground for holding a rental company liable is called “negligent entrustment,” which occurs when the rental company rents their truck to an underage driver or a driver who does not meet Tennessee and company requirements – such as having a valid driver’s license.
Questions about rental truck insurance and other driver obligations
Generally, drivers must comply with the terms and conditions of the rental contract in addition to the traffic laws of Tennessee. Rental companies must comply with Tennessee’s truck maintenance, inspection, equipment, and condition requirements.
All drivers in Tennessee are required to have the minimum insurance requirements (more coverage is better). These requirements include:
- $25,000. Bodily injury to one person
- $50,000. Bodily injury to multiple people in one accident.
- $25,000. Property damage
Bodily injury coverage includes the victim’s medical bills, lost income, pain and suffering, and any scars or disfigurement.
The rental company will often provide car insurance, too. This insurance requires the payment of a premium in addition to any insurance coverage you have – during the length of the truck rental. You should review your own insurance coverage to determine if it includes the rental of a truck. It may, but it may not.
Other types of insurance coverage that may provide coverage for your truck rental moving claim against U-Haul or any other rental company include the following, depending on various circumstances and contract terms:
- Your credit card insurance
- Your own umbrella insurance
- Your own uninsured/underinsured (UM/UIM) coverage
- Your own collision insurance
- Your own comprehensive insurance
At Rocky McElhaney Law Firm, our award-winning team understands the unique issues that apply when truck accidents involving rental trucks for moving occur. We have secured strong outcomes for many clients who suffered serious harm in truck accidents in and around Nashville. Fill out our contact form to schedule a free consultation in Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro.