Moving Truck Accidents
People rent moving trucks every day. Their goal is simply to move from point A to point B, and they may not understand the difficulty of operating a moving truck. They may not quite understand how dangerous a moving truck can be. Unlike drivers of commercial trucks, drivers do not need to have any special qualifications to rent and operate a moving truck. If you have been injured or a loved one was killed in a moving truck accident, you should retain the Chicago truck accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.Common Issues Resulting in Moving Truck Accidents
The size and weight of a moving truck can cause grave harm, particularly at high speeds but even at slower speeds. Moving truck accidents can result in catastrophic injuries or even death. If you are injured in a moving truck accident, you may be able to recover damages by establishing the moving truck driver's negligence. You will need to prove the moving truck driver's duty, a breach of duty, causation, and actual damages.
A moving truck driver may breach the duty to use reasonable care in different ways, such as by speeding, texting while driving, drunk driving, failing to signal, failing to obey traffic signals and signs, weaving, tailgating, or not making proper wide turns. A jury is likely to find that these actions were breaches of the duty to use reasonable care. Sometimes, the defendant will argue that the plaintiff was also negligent. Comparative negligence requires the jury to evaluate the arguments and evidence and assign a percentage of fault to each party. Your damages can be reduced by an amount equal to your percentage of fault. You will be barred from recovering any damages if you were more than 50% at fault for the moving truck accident.
After a moving truck accident, it is common to wonder whether a rental truck company can be held liable for damages caused by the renter while operating the truck. In general, renters of moving trucks sign waivers in the terms and conditions that significantly limit rental truck liability. However, there may be some ways for your attorney to bring in a rental truck company and pursue damages, depending on the circumstances.
One such way is to assert negligent entrustment. If you can show that a moving truck company knew or should have known that the renter of the truck did not have the ability or capacity to safely operate the moving truck, it may be possible to recover damages under a theory of negligent entrustment. For example, a moving truck renter might not have the capacity to safely operate a truck based on age, lack of license, lack of auto insurance, or intoxication. In Illinois, rental companies are supposed to verify a truck renter's identity and license before trusting them with a rental truck. Another potential basis for liability is a moving truck company's willful ignoring of safety inspections. If a rental truck is not properly inspected and maintained, and due to negligent maintenance is involved in an accident, it may be possible to hold the moving truck company liable for this. Sometimes, a moving truck has design or manufacturing defects that result in an accident. In that case, it may be possible to hold the manufacturer liable under a theory of strict liability or negligence. Under a theory of strict liability, you would not need to show that the manufacturer's conduct fell below a particular standard. Instead, your lawyer would need to show that the moving truck had a design or manufacturing defect, and the defect caused your injuries. Under certain other circumstances, it may be possible to hold a municipality or cargo loading company liable.Hire a Skilled Truck Accident Attorney in Chicago
If you are injured as a result of a moving truck accident, you should consult an experienced lawyer about your claim. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent accident victims in Chicago, Quincy, Rockford, Champaign, Springfield, and Aurora, as well as other cities in Adams, Winnebago, Champaign, Sangamon, Kane, and Cook Counties. You can call us at 312-263-6330 or toll-free at 800-444-1525 for a free consultation.