Most of the time, drivers of commercial trucks must obtain the appropriate driver’s license outlined by the Federal Motor Carrier Safety Administration (FMCSA) and the regulations in Florida. However, there is one exception. People that use rental trucks such as U-Hauls and Budget trucks do not have to carry a special type of license first, although they must have a standard driver’s license. If you have been involved in a crash, our Fort Lauderdale rental truck accident lawyer can help you claim the compensation you deserve.
Our Fort Lauderdale Rental Truck Accident Lawyer Explains the Danger of These Vehicles
Rental trucks may not be as large as tractor-trailers or semi-trucks, but they are still very large and heavy. Like other types of commercial trucks, they require a great deal of skill and experience to operate. Unfortunately, people do not need these rental trucks all the time. They are usually only used once a year or so, whether to move storage into an off-site facility, move their belongings, or for other purposes. As such, people do not know how to drive these vehicles and do not understand the special considerations that come with them.
Just as with any type of commercial vehicle, the injuries that result from a rental truck accident are usually quite serious. Back injuries, traumatic brain injuries, and even paralysis are not uncommon. It is for this reason that all drivers should exercise caution any time they are around a rental truck. Call a Fort Lauderdale truck accident attorney to learn more.
Our Fort Lauderdale Rental Truck Accident Lawyer Can Determine Liability for Your Crash
Many people assume that the rental truck driver is always at fault for an accident, and that is often true. Rental trucks are very big and very heavy, and most people are not used to operating a vehicle of that size. When drivers operate the truck while they are distracted, or they speed or make an improper lane change, the driver of the truck can be held liable for paying damages.
Like in other Fort Lauderdale accident cases, though, the rental truck company can also be held liable. Like other trucking companies, rental truck agencies must perform regular inspections of their entire fleet and perform regular maintenance to ensure no part of the truck is defective. Unlike other trucking companies, rental truck agencies must also ensure the drivers they rent vehicles to will drive the truck safely. This means making sure renters have a proper driver’s license and that they are not underage. Any time a rental truck company fails to comply with these requirements, it can be held liable; just ask our injury lawyers in Fort Lauderdale.
Legal Loopholes Rental Truck Companies Rely On to Avoid Liability
Most people are surprised to learn how protected rental truck companies really are after an accident. These national brands have built their entire business model around federal and state legal shields that limit their responsibility when things go wrong. Here is more about the two main ways they avoid liability and how our firm works to hold them accountable anyway.
Graves Amendment Protections and Exceptions
The Graves Amendment is a federal law under 49 U.S. Code § 30106 that protects rental truck companies from being held liable just because they own the vehicle involved in a crash. In plain terms, it means that even if the rental truck caused serious injuries, the company is not automatically on the hook unless you can show they did something wrong beyond renting out the truck.
That said, there are important exceptions. If the truck was not properly maintained, if the brakes failed, or if the company rented a truck to someone without a valid license, those protections might not apply. Our firm knows what to look for. We investigate rental history, service records, and any evidence of negligence to determine whether the Graves Amendment actually applies to your case.
Contract Language, Waivers, and Arbitration Traps
If you have ever rented a truck, you probably remember clicking through screens or signing pages full of fine print. Many of those pages include waivers, disclaimers, and arbitration clauses that are designed to limit your legal options later.
These agreements can seem like dead ends, but some of them can be challenged, especially if they were misleading or buried in a stack of paperwork you were never given time to review. We have seen cases where victims were told they waived their right to sue, only for the courts to decide otherwise.
Rental truck companies rely on these contracts to protect themselves, but that does not mean you are out of luck. If you were hurt by a rented vehicle, our firm can review the paperwork and push back on clauses that are unfair or unlawful. You do not have to go through this alone.
Third-Party Entities That May Share Responsibility in Rental Truck Crashes
In many rental truck accidents, the driver and the rental company are only part of the story. You may never meet the other parties involved, but their decisions still affect your safety. Below are some of the third parties our firm may investigate when we look into how a rental truck crash really happened:
- Moving companies that loaded or packed the vehicle
- Corporations that required employee use of rental trucks
- Maintenance contractors are responsible for inspections or repairs
- Road construction crews that created unsafe detours
- Municipalities are responsible for poorly marked intersections
- Manufacturers of aftermarket brake or steering components
- Third-party insurers that rejected safety-related repairs
- GPS routing companies that misdirected commercial-size traffic
These companies often make decisions behind the scenes that play a direct role in causing a crash. Our firm looks beyond the obvious facts and digs into who else might have created a safety issue, ignored a warning, or failed to fix something they should have. We hold every negligent party accountable, not just the one who was behind the wheel when it happened.
Our Rental Truck Accident Lawyer in Fort Lauderdale Can Help You Claim Full Damages
If you have been hurt in a crash, do not file your claim on your own. At Rosen Injury Law, P.A., our Fort Lauderdale rental truck accident lawyers will determine who was to blame for your crash and help you claim the full compensation you need to fully cover your losses. Call us today at 954-787-1500 or contact us online to schedule a free consultation.