The determination of legal liability in a moving van accident is often more complicated than in a typical passenger vehicle accident. If you suffered injuries or losses related to an accident with a moving van, learn how a Los Angeles moving van lawyer can help you with your legal rights. Contact our team at Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation.
Moving Van Companies
In some cases, a person will hire a moving van company to move their belongings for them to their new home. If you suffer injuries related to an accident with a company’s moving vans, you can file a claim against the moving van company.
The moving van company is responsible for any negligent actions by their employees that cause accidents, under the legal theory of respondeat superior. This legal theory places responsibility for the actions of company employees directly with the company, meaning they will most likely have to cover the costs of your losses.
Moving Van Rentals
While some people hire moving van companies to move their possessions to their new home, in other cases, people rent moving vans and moving trucks to move their belongings themselves.
In most cases, these companies offer inexpensive packages for people that need to move to another area or even another state.
Determining Liability With Moving Van Rentals
The circumstances surrounding the accident with the moving van will likely determine which party is ultimately responsible and liable for any injuries and losses.
Moving Van Rental Company
If a driver rents a moving van while visibly intoxicated, or in some way incapacitated, and the rental company knew or should have known not to rent to them, then the rental company could be liable for the accident.
Additionally, if the renter did not have proper insurance, identification, or a driver’s license in good standing, the moving van rental company would also likely have liability for any accident due to their negligence in renting to someone without proper insurance or identification.
A moving van rental company would also remain responsible for any injuries in an accident with one of their vehicles if the investigation determined that the accident was a direct result of their failure to maintain or inspect the vehicle properly. A moving van company has the responsibility to ensure that their moving vans are properly maintained. Any failure of a moving van company to ensure the safety of their moving vans may cause them to remain liable and legally responsible for any injuries suffered as a result of their poorly maintained vehicles.
Moving Van Renter
If the moving van rental company followed due diligence and ensured that all proper documentation was in order, then they will likely remain free from any type of liability for an accident involving one of their rented moving vans or moving trucks.
If the investigation of an accident determines that the driver of the moving van operated the moving van negligently, then the driver will remain personally responsible for any injuries, damages, or losses related to the accident. You only have a limited time to file a claim for personal injury in a car accident according to the state of California statute of limitations, so it is important to ensure that you act quickly to preserve your legal rights.
Federal regulation 49 U.S. Code §30106 regarding rented or leased motor vehicle safety and responsibility states that the moving van leasing company generally does not have any liability with respect to accidents that occur in their leased moving vans or trucks.
However, as mentioned above, if the investigation determines that the moving van company negligently rented the vehicle to a driver, or engaged in wrongdoing regarding the rental of the moving van, they will remain liable for any injuries or losses.
In some cases, an investigation will determine that a defective moving van part or component was the cause of a moving van accident. If a victim suffers injuries due to a defectively manufactured moving van part, they can file a claim directly against the manufacturer under product liability law. The three ways to prove the existence of a defective product include the following:
- Original design defect and a failure to test the product before the sale or incorporation of the product into the moving van
- Manufacturing defect caused by the failure to properly manufacture the moving van part or component
- Labeling or warning defect arising from the failure to properly warn consumers of known hazards and dangers related to the product. This can occur if a rental company does not include a sticker on the truck that warns of wide turns or requests that other drivers do not pass on the right of the truck.
If you suffered injuries with a moving van and these stickers or warnings were not visible or present, you may file a claim based on a labeling or warning defect.
For a free legal consultation with a moving van accidents lawyer serving Los Angeles, call (800) 794-0444
Consider a Los Angeles Moving Van Lawyer
If you suffered injuries or losses related to an accident with a moving van, there are several different ways to ensure your legal rights remain protected. It is critical that an investigation properly determines the actual cause of the accident, which could include a manufacturing defect or negligence on the part of the moving van company in renting their vehicle.
If you suffered injuries in an accident involving a moving van, consider calling Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation. Learn how a Los Angeles moving van lawyer can help you determine who is legally responsible for your accident and how you may be able to bring a claim for recovery.