How accident cases involving RVs work - A lawyer explains
Recreational vehicles (RVs) are extremely popular in Texas, as well as the rest of America, and they're getting even more popular as people look for cost-efficient ways of seeing the country. They are basically over-sized vehicles that include many of the comforts of home.
But when an RV causes an accident, the resulting legal case is in a class all its own. This article will explain how it works.
Questions Answered on This Page:
- What are the different types of RVs?
- What are the insurance requirements of driving an RV?
- Do you need a special license to operate a RV?
Types of RVs
RVs aren't just used for camping, as many people may assume. Some people live in them for some or all of the year, and may even use them as mobile offices. Some of the differing types of RVs include:
- Class A Motor homes
- Class C Motor homes
- Hybrid trailers
- Luxury RVs
- Pop-up campers
- Teardrop trailers
- Travel trailers
- Fifth wheels
- Toy haulers
It's worth mentioning that there are different classes of vehicles as well as different license classifications.
Class A: Authorizes an individual to drive a vehicle or combination of vehicles:
- Not described under a Class B or Class C driver license
- With a GVWR of 26,001 pounds or more provided the GVWR of the vehicle(s) towed is in excess of 10,000 pounds including vehicles in Class B or Class C
Class B: Authorizes an individual to drive:
- Any single vehicle with a GVWR of 26,001 pounds or more and any such vehicle towing a vehicle with a GVWR that does not exceed 10,000 pounds or a farm trailer with a GVWR that does not exceed 20,000 pounds
- A bus with a seating capacity of 24 passengers or more including the driver
- Any vehicle included in Class C
Class C: Authorizes an individual to drive any single vehicle:
- Or combination of vehicles that are not included in Class A or Class B
- With a GVWR of less than 26,001 pounds towing a farm trailer with a GVWR that does not exceed 20,000 pounds
- Designed to transport 23 or less passengers including the driver; vehicles rated as 16-23 passengers including the driver require a Class C CDL unless exempt
Class M: Authorizes an individual to drive a motorcycle or moped.
However, most types of RVs are much larger and heavier than the typical passenger car, and as a result, can causemuch more damage and inflict far more serious injury than a passenger car. It can be extremely challenging for a victim hurt in an RV accident to obtain fair compensation without an attorney, so it is imperative that you hire an RV accident attorney in Texas as quickly as possible. Doing so will give you the best possible chance of obtaining equitable restitution.
Difficulties of Driving an RV
Although an RV does not require a commercial driver's license to operate, it still requires additional licensing. Extreme caution must be taken while driving a recreational vehicle. They can be very cumbersome and difficult to control, since they do not handle as smoothly on the road as a passenger car. Because they are larger, they not only need more clearance space on the road, but also require a longer stopping distance. If the RV driver does not make the necessary considerations while operating the vehicle and causes an accident, such a driver needs to be held responsible for his or her negligence.
Some of the other common reasons for RV accidents include:
- The driver sideswiping another vehicle
- The driver hitting another vehicle while making a turn
- A fire caused by a gas leak
- A blown tire
- Mechanical problems such as brake failure
By determining the exact cause of your accident, we can provide the hard evidence you will need to prevail over your opposition. As a result, you will have a strong chance of obtaining fair compensation for the suffering you've endured.
Many people cannot afford the steep price of purchasing an RV or they want to use one occasionally, so they will rent one of these kinds of vehicles. When an accident takes place in a rented recreational vehicle, that raises the possibility that the legal issue of negligent entrustment coming into play.
Negligent entrustment occurs when an entity or a person entrusts a vehicle to someone who is incompetent, reckless, or is not adequately licensed, and negative consequences, such as a collision, result. This requires that the person or company entrusting the vehicle knew or should have known that the driver fell into one of the above categories.
For instance, when someone drives a RV and intends to tow a car, which would result in the combined weight of the vehicles exceeding 26,000 pounds, the driver is required to maintain a Class A driver's license. If a person intends to drive an RV that weighs more than 26,000 by itself, that requires a Class B license. If the renting agency fails to diligently investigate and obtain information about the driver's type of license, that could be grounds for negligent entrustment.
Additionally, if a rental agency rents a RV to someone who comes into their office noticeably drunk, that too, would constitute negligent entrustment. These are very extreme examples; they are merely used to illustrate the concept.
The vast majority of entities that rent and drive the RVs are responsible. Pursuing a negligent entrustment claim against the renter would, in all likelihood, be a tough case to win. In order to win this sort of claim, you have to show that the rental agency either knew or should have known it was renting to an incompetent, reckless or inadequately licensed driver. However, this type of thing does happen, and the possibility could at least be worth exploring in your case.
Get legal representation as soon as you can.
When an accident involving a RV results in an accident or death, that creates a complex set of facts requiring the help of an experienced attorney who can sort, organize, and present those facts in a coherent manner to the court and against your opposition. It is extremely beneficial for your attorney to possess a great deal of familiarity with this field of litigation.
At Grossman Law Offices, our RV accident attorneys have represented clients in these kinds of cases for 25 years and have helped thousands of personal injury victims and wrongful death plaintiffs obtain fair compensation. If you would like to speak with one of our attorneys, please call us as soon as possible at (855) 326-0000 for a confidential and free consultation.
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