Moving Truck Accidents
People rent moving trucks every day to move furniture and other property from one place to another. Renters usually do not have any special training or experience with heavy trucks. Unlike drivers of commercial trucks, people do not need a commercial license to rent a moving truck. They may not be fully aware of how dangerous moving trucks are, and they may not know how to safely maneuver them. If you are injured in a moving truck accident, you should consult a Miami truck accident lawyer at our Law Offices of Robert Dixon.Holding Careless Drivers Accountable for Moving Truck Accidents
Moving truck accidents can be complicated. They often have devastating consequences, due to the size and weight of the moving truck or van. While a small truck may weigh about 8,000 pounds, a large truck could weigh up to 25,000 pounds. Meanwhile, a passenger car weighs around 4,000 pounds. This differential can be deadly to the person in the passenger car.
If you are injured as a result of a moving truck driver acting carelessly, you may be able to hold the driver responsible. You will need to prove that the moving truck driver owed you a duty of reasonable care, the moving truck driver breached this duty, the breach caused the accident, and there were actual damages. Often, moving truck drivers are not trained, and they are inexperienced, both factors that increase the risk that there will be an accident. A driver may breach the duty to use reasonable care by overloading the truck, not understanding how much space to leave in order to change lanes, not making a wide turn properly, or not understanding how much space to leave in order to stop the truck without a collision. Other forms of truck driver negligence may involve drunk driving, fatigued driving, speeding, weaving, tailgating, and more.
It is important for your attorney to evaluate all of the contributing causes to the accident, particularly since the moving truck driver may not be insured for driving the moving truck or may have insufficient coverage. In some cases, a moving company can be held liable for its driver's negligence. If the moving truck company employed the driver, and the accident happened in the course and scope of employment, it may be possible to hold the employer vicariously liable. In other cases, it may be possible to hold a moving truck company liable for its own negligent hiring, training, or supervision of a truck driver. For example, a moving company that encourages its drivers to speed may be liable for negligent supervision.
Often, plaintiffs wonder if they can hold liable the moving truck company that rented the truck to a driver. Companies such as Penske, U-Haul, Budget, and Enterprise rent trucks to drivers who do not have commercial licenses and may not be qualified to operate a moving truck. However, these companies rarely, if ever, have liability for a moving truck accident caused by a driver who rented the truck. Their rental contract will typically limit liability. In some cases, it may be possible to establish negligent entrustment of the rental truck. For example, if a rental company entrusts a moving truck to an underage drunk driver without a license, it may be liable under a theory of negligent entrustment.
Sometimes moving truck accidents result from defective parts. In that case, it may be possible to hold the manufacturer of the defective part liable. For example, if you are injured because of defective tires, it may be possible to sue the tire manufacturer for damages.
Damages that may be recovered if liability is established for a moving truck accident include medical expenses, lost wages, pain and suffering, mental anguish, and out-of-pocket costs. The amount of the damages will depend on the extent of the injuries.Explore Your Options with an Injury Lawyer in the Miami Area
If you are injured or a family member is harmed in a moving truck accident, you should consult the experienced attorneys at our Law Offices of Robert Dixon. We advocate for victims in Miami, Fort Lauderdale, West Palm Beach, and other cities across Miami-Dade, Broward, and Palm Beach Counties. Contact us at 877.499.4878 or via our online form.