Rental Truck Accidents
While rental trucks aren't as big as 18-wheelers, they are bigger than the average passenger vehicle. This often means more serious injuries when accidents involving these trucks do happen. If you or someone close to you has been hurt in a rental truck accident, you may be entitled to compensation. At Therman Law Offices, our diligent Schaumburg and Wheaton truck accident attorneys will scrutinize the circumstances of your case and work to create a legal strategy accordingly.Truck Rentals in Illinois
The Illinois legislature has passed a law requiring rental companies to verify drivers’ licenses and identities before handing a rental truck to them. This is part of a safety protocol to help ensure that qualified drivers are on the road, which in turn, should minimize the risk of accidents on the road.Moving vehicles, such as U-Haul trucks, pose unique dangers due to their size, length and width. To make things worse, rental companies often rent out trucks that are in poor condition and that have not properly been maintained and/or inspected. Driver inexperience plus large truck size coupled with poor maintenance can lead to devastating accidents.Liability for Rental Truck Accidents
Every rental truck accident is different, and the theory of liability in a given case will depend on the specific facts. For example, if poor maintenance was the cause of the accident, you may be able to recover compensation though a negligence claim. To establish negligence, you must prove the following:
- The defendant owed the plaintiff a duty of care;
- The defendant violated the duty of care;
- The defendant's violation was a direct cause of the rental truck accident; and
- The plaintiff suffered harm as a result.
Explained another way, negligence occurs when a person causes injury to another by failing to use the degree of care, diligence, and skill that a reasonably prudent person or business would exercise in the same or a similar situation. A business using the appropriate standard of care would make sure that all rental vehicles are properly maintained and in safe working order before they are rented. As such, any accident that is the result of poor maintenance by the rental company could lead to the rental company being liable. In other words, a rental truck company's negligence could mean that the company has to pay for all losses arising out of an accident, and experienced injury lawyer can help you pursue this sort of compensation.
If your rental truck accident was caused by a mechanical failure or defect, you may be able to sue the manufacturer through a products liability claim. Product liability claims are filed to hold manufacturers accountable for putting dangerous products into the stream of commerce. Consider the following example: an equipment failure on a U-Haul causes your accident. In such a scenario, you could potentially sue U-Haul for your accident and injuries. Unlike in negligence cases, in products liability cases you simply have to show that the product was dangerous when it left the manufacturer and the defect was a direct cause of your accident and injury.Recovering Compensation for Your Harm
Once liability is established in a rental truck accident case, you may be able to recover a variety of damages from the at-fault party. Some common examples of these damages include medical expenses to treat injuries both in the short term and long term, lost wages due to missed work, pain and suffering, and compensation for any other expenses that may have arisen from the accident.Truck Accident Lawyers Serving Wheaton and Schaumburg
Rental truck accidents can have catastrophic consequences for everyone involved. If you have been hurt or you have lost a loved one in a rental truck accident, you may be entitled to compensation for your harm. At Therman Law Offices, our seasoned Wheaton and Schaumburg accident attorneys are dedicated to holding rental truck companies responsible when unsafe rental vehicles cause injuries. You can rest assured we will vigorously advocate for your rights every step of the way. In addition to Schaumburg and Wheaton, we take on clients from communities including Arlington Heights, Streamwood, Elgin, Hoffman Estates, Bartlett, Hanover Park, Wood Dale, Bensenville, Bloomingdale, and Roselle. To learn more, call us at 312-588-1900 or contact us online.