Can I Recover Compensation for a Collision With a Moving Truck?
Posted on behalf of Lynch Law Firm on May 26, 2022 in Car Accidents News
As more people move from New Jersey, the likelihood of getting into an accident with a moving truck has increased. These collisions can be quite dangerous, as moving trucks are much larger than traditional passenger vehicles.
If you get injured in one of these collisions, you may have options for pursuing compensation for your damages. However, claims involving moving trucks can be complicated.
Our auto collision lawyers in New Jersey are prepared to help you file a claim and work with you throughout the legal process. We offer a free consultation to discuss the legal options available for seeking maximum compensation.
Below, we discuss the hazards of moving trucks and how liability for these crashes may be determined.
DANGERS OF MOVING TRUCKS
There are few requirements for renting a moving truck. For example, someone with a regular driver’s license, and not a commercial driver’s license, who has no experience driving a box truck can rent one and drive it off the lot without so much as a test drive. This makes sharing the road with these drivers extremely dangerous, as driving a moving truck is not the same as driving a sedan or even a pick-up truck.
Moving trucks can be dangerous because they:
- Are harder to maneuver in tight spots and on corners and turns
- Have larger blind spots than most drivers expect
- Have improperly loaded cargo that can make the truck unstable
If an inexperienced driver gets behind the wheel of a moving truck and causes a collision, the damages that result could also be more significant than damages from a crash between two passenger vehicles.
WHO MAY BE LIABLE FOR A MOVING TRUCK ACCIDENT?
Liability for an accident with a moving truck comes down to which party acted negligently. That is why the driver whose actions caused the collision will likely be liable for damages.
A moving truck driver could be at fault for the collision if he or she was:
Likewise, if you were the driver of the moving truck and another driver crashed into you for these same reasons, that driver would be liable for your damages.
CAN THE TRUCK RENTAL COMPANY BE HELD LIABLE?
Federal law states that companies that rent vehicles out for business purposes may not be liable for damages if an accident occurs. This means that if an inexperienced driver in a moving truck causes your accident, you cannot pursue compensation from the rental company.
However, there are some exceptions to these rules, including when the rental company is guilty of negligence or was involved in criminal misconduct when renting out the truck.
A moving truck company could be found guilty of negligence if the vehicle was not in safe working order. For example, if the brakes on the truck are faulty or the treads on the tires were worn out.
Liability may also fall to the moving truck company if they rented out a vehicle to a person without a valid driver’s license or who was visibly intoxicated.
Some moving companies hire drivers for cross-country moves or hire movers to load a truck. If an accident is caused by the driver of the moving company, you may be able to file a claim against the company. The same applies if the cargo was improperly loaded and contributed to a collision.
FILING AN INSURANCE CLAIM FOR A MOVING TRUCK ACCIDENT
When someone rents a moving truck, he or she is required to purchase or provide proof of insurance in case of an accident. This way injury victims have recourse for recovering compensation. There are several ways moving truck accident victims may be able to pursue compensation, including through first and third-party claims.
New Jersey is a no-fault state, so crash victims can file claims against their Personal Injury Protection (PIP) insurance policies. This is considered a first party claim and is generally the starting point where drivers in the state seek compensation for their medical bills and lost wages, among other economic damages.
This type of insurance generally has a limit, though, and if your damages exceed that limit you may have to file an additional claim with the at-fault party’s insurance policy.
Filing a third-party claim with the liability insurance of an at-fault driver provides injury victims an opportunity to pursue compensation for economic and non-economic damages, including pain and suffering. This differs from first-party claims that only provide compensation for economic damages.
Whether you are filing a first- or third-party claim, our attorneys are prepared to help you through the legal process. Having an experienced attorney on your side to help you negotiate with the insurance company could increase your chances of recovering maximum compensation.
LEGAL HELP MAY BE AVAILABLE. CALL US TODAY
If you were injured in a moving truck accident, determining liability may be difficult. Proving liability may also be complex, and when you need to focus on recovering from your injuries it may not be an easy task.
Let our knowledgeable lawyers help you pursue the compensation you need for medical bills, lost wages and other damages while you focus on getting better.
The consultation is free and there are no upfront fees.
No upfront fees. No risks. Call (800) 518-0508