Moving van accidents can be caused by a multitude of reasons, such as an inexperienced driver, a negligent moving van rental company, or vehicle defects. One of the problems with moving vans is that almost anyone can drive them, whether they know how to handle such a truck or not. Anyone with a standard driver’s license can potentially drive a moving van. A commercial driver’s license (CDL) is usually not required.
However, a driver who normally drives a small passenger car may not know how to handle a moving van with its larger dimensions and cumbersome handling. A car driver may also underestimate the amount of time and space it takes for a moving van to stop, turn, or change lanes.
In addition to driver-related causes for accidents, a moving van rental company could also cause an accident by failing to ensure the roadworthiness of their vehicles by cutting corners on regular maintenance and repair.
Since it is not always clear who could be liable for causing an accident, moving van accident cases can be complicated as well as tough to prove. However, a Naples moving van accident lawyer can help you with your claim and be by your side for every step of the process. Call the Law Offices of Anidjar & Levine today to find out how we can potentially help you get what you deserve at (239) 900-3000.
Laws and Regulations Governing Moving Van Companies
According to the Federal Motor Carrier Safety Administration (FMCSA), rental moving vans were involved in 145 fatal crashes between 2005-2010. Almost half of the accidents (44 percent) were caused by driver error. Although a rental firm is legally obligated to ensure the roadworthiness of the vehicles and has to abide by certain FMCSA regulations, regulations can be tough to enforce. Unlike other commercial trucks, moving vans are exempt from Department of Transportation inspections.
A moving van rental company is also required to ensure that a driver intending on renting a van has a driver’s license and is fit to drive and not intoxicated at the time of rental. However, beyond those basic liabilities, a trucking company is not subjected to many of the stringent regulations that apply to other commercial trucks of a similar size and weight.
Responsibility for Moving Van Accidents
Establishing responsibility in a moving van crash can be tricky. While accidents can happen due to driver error or carelessness, they can also occur for a host of other reasons. Some examples of causes for moving van accidents include:
- Driver’s inexperience
- Driver fatigue
- Driving intoxicated
- Driving distracted
- Following too closely
- Speeding and reckless driving
- Moving van defects
- Faulty brakes
- Tire blow out
- Dangerous weather and road conditions
If you got into an accident with a moving truck and suffered significant financial losses and injuries, you might be wondering who is responsible for compensating you. This is where it can get complicated. Moving van accidents can present unique and complex liability issues.
Several parties could potentially be responsible for your damages, including the driver, the moving van rental company, and a third-party such as the company responsible for servicing the moving vans. Potentially, even a moving van manufacturer could be held liable if a manufacturing defect played a part in causing the accident.
In some cases, rental van companies insist that drivers sign a liability waiver, which clears a company of liability when an accident happens. All this can complicate your path to pursuing justice and receiving adequate compensation for your damages. It can also feel intimidating to stand up against big and well-known rental van companies and their endless legal resources.
A Naples moving van accident lawyer can fight for your rights. Truck accident lawyers know the legal context and applicable regulations and can help you prove the negligence of the at-fault party. Call the Law Offices of Anidjar & Levine for a free consultation with a team member now at (239) 900-3000.
Compensation Available in Moving Van Accidents
If you and your lawyer can identify all liable parties in your accident and prove negligence, you could potentially recover compensation for your damages. Depending on your injuries and the circumstances of your claim, you could receive compensation for:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Emotional distress
You could potentially also receive other types of compensation. Consulting with a moving van accident lawyer can help you get clear on your options.
Acting Now Can Be Important for Your Claim
In Florida, you have only limited time available for filing personal injury and wrongful death claims. Not filing a lawsuit in time can, in some cases, prohibit you from finding legal recourse and receiving compensation altogether. You should consult with a Naples moving van accident lawyer as soon as you can after your accident. A lawyer will be able to inform you about legal avenues that may be open to you and help you build a case against the at-fault party.
Acting immediately after an accident can also help to preserve crucial evidence that could otherwise “disappear” if too much time passes. The same rings true for the availability of any eyewitnesses, who may move away or simply not remember all the details of an accident when months or even years have passed.
We Can Help
Moving van accidents can be exceedingly complicated, and you may be up against several defendants, including a powerful global rental van company and their team of lawyers. However, professional help is available, and you do not have to struggle by yourself.
Your moving van accident lawyer can help you in several ways, including but not limited to:
- Identifying the at-fault parties in your case
- Gathering evidence to prove your claim
- Calculating your damages accurately
- Negotiating with insurance companies
- Representing you in court
When you work with us, you do not have to worry about incurring financial risks as we work on a contingency agreement. This means that you do not have to pay any upfront attorney fees. We will only get paid if we win your case, and you receive a settlement.
Call the Law Offices of Anidjar & Levine and take advantage of a free case review today at (239) 900-3000.
We Can Help.