How to Determine Liability in a Moving Van Accident
Truck accidents can cause serious injuries due to the size of the trucks and the speed at which they are traveling. However, truck accidents do not only involve large 18-wheelers. Other large commercial trucks, like moving vans, can cause just as much damage as an 18-wheeler, which can result in serious injury or death. In addition, it can sometimes be complex to determine all of the parties that are potentially liable for injuries caused by an accident involving a moving van. This article will explain some of these complexities and provide some answers on what steps to take if you are ever injured in one of these accidents.
Questions answered on this page:
- How do you determine liability in a moving van accident?
- When is the company responsible for a driver's actions?
- What should you do if you are injured in a moving van accident?
- Whose insurance coverage will pay for injuries in moving van accidents?
Who is liable in accidents involving moving vans?
In order to determine all of the parties liable for an accident involving a moving van, you must first determine who the driver of the moving van is. If the driver is an employee of a moving company that owns the van, then the driver will be liable, and so will his employer.
For example, if a moving company rented out a van to someone and also provided them with a mover who would drive the van and help load belongings, then the moving van company could be liable for any injuries that arose from an accident involving the moving van that was due to the driver's negligence.
However, if the moving van was being driven by the person who rented it, then the company that supplied the moving van would likely not be liable for any resulting accident. For example, if someone rented a U-Haul and later crashed into the back of your vehicle, you'd be able to bring a claim against the driver, but you would likely not be able to hold U-Haul liable for the accident.
This would be true under most circumstances, however, there are some exceptions. If the accident was caused by a defect in the moving van, such as if the brakes not being properly inspected and failing while you were driving, the company would be liable. In addition, the company would be liable in cases of gross negligence, such as the moving company renting a moving van out to someone who did not hold a valid driver's license.
Did you know? There are many different types of truck accident cases. Many people think these cases are all handled the same way. This is a myth. To find out how your case might change depending on what type of truck you were injured by, read our article on types of vehicles involved in truck accident cases.
How Insurance Coverage Works in Moving Van Accidents
Finding out whose insurance covers your accident if you're hit by a moving truck gets a bit tricky. Generally, you'd have three ways to pursue coverage through insurance companies. Here are the three options you might be able to consider from the at-fault party who hit you:
- Extra insurance purchased from the rental company: Rental truck and van companies often have something called "supplemental liability coverage." If the renter has purchased this extra coverage, the insurance company should have to pay for collisions caused by a third party they were renting their vehicle to.
- The renter's personal car insurance: If an investigation reveals that the person who hit you did not purchase any supplemental liability coverage plans, their personal car insurance should still cover these types of accidents.
- The rental agency's insurance: If the person who hit you did not buy any extra coverage AND they don't have their own car insurance, you may be able to get some compensation through the rental agency's insurance plan. Because their insurance company won't want to be held liable, especially in cases where the person who injured you was uninsured, they'll use their resources to fight you and may even try to argue that the accident was your fault. A lawyer will be essential for supporting you in this situation.
How an attorney can help
Because of the types of defendants you will be dealing with in an accident involving a moving van, along with the intricacies of proving liability in this type of case (driver negligence, vehicle defect, etc.), your best chance for success rests with having an experienced truck accident attorney in your corner. An experienced attorney will thoroughly investigate all of the facts surrounding your case and present you with all of your options by identifying all of the potential defendants.
Our truck accident attorneys at Grossman Law Offices have 25 years of experience and have helped hundreds of clients with their truck accident cases. We know what it takes to identify all of the potential defendants and hold them accountable. We can help you hold the defendants liable and help you obtain the compensation for your injuries that you deserve. If you or a loved one has been injured by a moving van, you should call one of our attorneys to talk with no cost to you: (855) 326-0000.
Related Articles for Further Reading:
- 5 Ways to Ruin Your Truck Accident Case
- How We Get Truck Drivers' Drug Tests Admitted in Court
- Trucking Company Defenses: Dangerous Road Conditions