Similar to large commercial trucks, rental trucks can cause serious injuries in traffic accidents. Unlike a commercial truck, however, anyone with a standard driver’s license can rent a moving truck. No special training or commercial driver’s license is required. Unfortunately, this increases the odds of rental truck accidents.
Rental Truck Driver Liability
Many rental truck accidents are the fault of a negligent truck driver. Rental truck drivers are responsible for obeying traffic laws and driving prudently. For example, they must obey all traffic signs, stoplights and roadway rules. If a rental truck driver is negligent when operating the truck, he or she could be held liable (financially responsible) for a victim’s related injuries, medical bills and property damage.
Common examples of driver negligence include:
- Speeding
- Driving while distracted
- Texting and driving
- Drowsy driving
- Driving under the influence of drugs or alcohol
- Going through a traffic-controlled intersection without stopping
- Reckless or aggressive driving behaviors
- Following too closely
- Making unsafe or illegal turns
Rental truck drivers are required to carry minimum amounts of standard automobile insurance under New Mexico law to pay for accidents. This includes liability insurance to cover someone else’s injuries and property repairs. However, many standard policies do not cover rental truck accidents. The truck driver may need to have purchased additional insurance from the rental truck company to cover a victim’s losses, or else he or she will be held personally responsible.
Rental Truck Company Liability
In certain circumstances, the company that rented the truck out could be held liable for a crash. This could be the case if the company negligently failed to maintain its rental trucks and this resulted in a subsequent truck accident. Examples include collisions caused by tire blowouts and brake failures. Rental companies must ensure the proper maintenance and roadworthiness of their fleets.
If the rental company failed to ensure that the driver who would be operating the vehicle had a valid driver’s license, this could also lead to company liability for an accident. An unlicensed or inexperienced driver is a danger to all others on the road. Finally, renting a truck to a driver who was visibly intoxicated could make the rental company liable for a subsequent crash under New Mexico law. While some rental agreements contain clauses intended to limit the rental company’s liability, these provisions do not always hold up in court.
Rental Truck Manufacturer Liability
If a rental truck contained a dangerous or defective part, such as a tire with a design flaw that led to it getting worn down faster than a normal tire, the product manufacturer could be held responsible with a product liability claim. A rental truck manufacturer or distributor may be held liable for injuries caused by a defective truck or vehicle part, including airbags and seat belts.
Another Driver’s Liability
If a rental truck accident takes the form of a multi-vehicle collision with three or more drivers, the other driver (not the truck driver) could be at fault. For example, if a driver ran a red light and forced a rental truck driver to swerve to avoid a collision, leading to the rental truck crashing into a third vehicle, the driver of the first car could be held responsible for all subsequent damage.
The Government
Although less common than holding another driver or company responsible, it is sometimes possible to bring a claim against a government agency for a rental truck accident. Governments are responsible for ensuring the safety of public roads. If a road defect such as a pothole caused a rental truck to crash, the federal, state or municipal government in charge of roadway maintenance could face liability for the damage.
Liability for a rental truck accident in New Mexico will depend on the factors that caused the crash. For an in-depth case review and rental truck accident investigation, request a free consultation with a New Mexico truck accident attorney at The Fine Law Firm.