Accidents in rental cars raise countless questions about who is responsible and who pays whom. Frequently, rental accidents happen because drivers are unfamiliar with the new vehicle and usually don’t know the area well. Sometimes, the responsibility for a rental car accident lies with the company. In today’s blog car accident attorneys delves into what you need to know to understand liability in rental car accidents.
What Is Liability?
In car accident cases, liability refers to legal responsibility for the accident. Accurately determining liability is a vital part of all fair trials. If you’re in an accident while driving a rental car, you must be aware of your rights and the scrutiny you will face. Liability is determined by each party presenting evidence to support their claim. In any accident situation, physical evidence is the only way to prove who is at fault.
The most commonly presented evidence is police reports. Immediately after an accident, you must contact law enforcement to provide support and assess the scene. Once officers arrive, they will start to compile an official police report, which will include their initial observations, witness statements, traffic violations, and driver behavior.
Police reports carry significant weight in court, particularly when they’re supported by further evidence. Additional evidence usually includes photos and videos, traffic camera footage, dashcam recordings, maintenance records, cell phone history, drug and alcohol tests, expert testimony, and accident recreations. The quality and amount of evidence you can present will have a considerable impact on the outcome of your case.
In a typical car accident, there are two parties involved. The person who caused the accident and the victim. However, in rental car accidents, there may be a third party involved in the case. The case can become considerably more complicated if you believe that the accident occurred due to negligent or criminal action on the part of the rental company.
Who Is Liable in a Rental Car Accident?
In accidents involving rental vehicles, liability depends on whose negligence led to the accident. If your own inexperience with the car or the area leads to distracted driving and you cause an accident, you will be held liable. The rental company may be liable for the accident if it was the direct result of a problem with the car.
Comparative fault is a legal principle practiced in some states that allows multiple parties to share liability. Comparative fault, also known as comparative negligence, compares the percentage of responsibility that each party had for the accident. The purpose of assigning a percentage of fault is to determine the appropriate compensation.
For example, suppose you’re driving a rental car and have an accident because the indicators in the vehicle aren’t working. In such a case, it’s fair to say that the rental company has some responsibility. However, should evidence indicate that you were on your phone at the time of the accident and failed to detect issues with the indicator, you share responsibility for the accident.
If you are injured in the accident, you may decide to seek compensation from the rental company. Depending on the evidence you present, you can be awarded compensation. Still, the final amount will be reduced because you share liability. If you are assigned 30% of the fault for the accident, your compensation will be reduced by 30%.
Whether you have rental insurance or not can also influence the outcome of a rental car accident. If you have adequate coverage to protect yourself and the other driver, there is typically no need for legal action. However, if you are uninsured, you may need to pursue compensation for the damages caused to the other driver and yourself through a lawsuit.
Are You Required to Have an Attorney?
Legally, you are not required to have legal representation. However, in rental car accidents, it can be highly beneficial to have an expert on your side. Legal jargon and complex principles can be confusing for those who have never been involved in a lawsuit. Large companies and corporations often have entire teams of legal professionals who are responsible for protecting their employers.
These teams of corporate lawyers may use your legal inexperience against you, putting you in an exceedingly vulnerable situation. Going up against an expert without support puts you at risk. Hiring a professional with experience in rental car accidents can help you avoid common mistakes and protect your rights throughout the legal process.
Next Steps After a Rental Car Accident
If you’ve been involved in a rental car accident, contact HHJ Trial Attorneys. Our expert lawyers will help you determine whether you are liable for the accident and what you can do to protect yourself. We will guide you through the process of filing a lawsuit against the rental company if you believe the rental car was defective. We have decades of negotiation and trial experience, so we can represent your interests regardless of how your case unfolds.
