Rental Truck Accidents in Texas

Our Houston rental truck accident attorneys fight back against negligent drivers and their insurers

Driving on Houston's chaotic roads can be challenging, especially when sharing them with rental trucks operated by inexperienced drivers. Due to the size of these vehicles in comparison to passenger cars, they can inflict catastrophic damage in a crash. If you've been injured in such an incident, it's important to understand your rights and the steps to take to protect them.

An experienced Houston rental truck accident lawyer at Smith & Hassler can be your legal advocate and protect your rights every step of the way. We know how to investigate rental truck accidents, gather the facts to build your case, and handle negotiations with insurance companies. Our goal is to help you get the maximum compensation and peace of mind you deserve. Contact us today for a free consultation and find out how we can help you.

What causes rental truck accidents in Texas?

Here are key factors to understand:

Driver inexperience

Rental trucks typically don’t require a CDL. Unlike professional truck drivers, rental truck drivers often lack experience handling large vehicles. This inexperience can lead to errors in judgment and control.

Improper loading

Incorrectly loaded cargo can cause a truck to become unbalanced, leading to rollovers or loss of control. Ensuring that loads are properly secured and evenly distributed is important for safe operation.

Mechanical failures

Rental trucks may not always receive the rigorous maintenance required for safe operation. Issues such as brake failures or tire blowouts due to poor upkeep can result in serious collisions.

Driver fatigue

Long hours spent driving, especially during moves or long-distance hauls, can lead to driver fatigue. Drowsy driving impairs reaction times and decision-making.

Unfamiliarity with roads

Drivers operating in unfamiliar areas may struggle with navigation. They may stop suddenly, miss turns, or drive erratically.

How is liability determined in rental truck accidents?

The parties typically responsible for rental truck accidents include:

• The rental truck driver: Rental truck drivers are expected to exercise caution and adhere to traffic laws. If a driver’s negligence—such as distracted driving or speeding—caused the accident, they could be held liable for resulting damages.
• The rental company: Rental agencies are obligated to maintain their vehicles in a safe, roadworthy condition. If an accident occurs due to mechanical failure stemming from poor maintenance, the rental company may share liability for any injuries or damages incurred.
• A third party: Sometimes, another driver's actions or external factors contribute to a rental truck accident. In such cases, liability may extend to these third parties, depending on their role in causing the collision.

To determine who is at fault for your rental truck accident, the attorneys at Smith & Hassler can launch a thorough investigation. Our goal is to prove that the at-fault driver breached their duty of care by driving negligently, causing your crash and, consequently, causing your injuries and resulting damages.

What do I do after a rental truck accident in Texas?

Taking prompt and deliberate actions after a rental truck accident can safeguard your well-being and legal rights. Here's what you should do immediately following the crash:

1. Check yourself and others for injuries and call 911 if emergency medical assistance is needed.
2. Contact local law enforcement to report the rental truck collision and wait for the police to document the scene and create a crash report.
3. Use your smartphone to take clear photos of the crash scene, including vehicle damage, road conditions, and any relevant traffic signs.
4. Collect contact information from all parties involved, as well as any witnesses.
5. Get immediate medical attention, even if your injuries seem minor or you don’t feel any pain at all.
6. Inform the rental company about the crash as soon as possible.
7. Notify your insurance company and provide them with basic details of your rental truck crash.
8. Get legal help from an experienced Houston rental truck accident attorney at Smith & Hassler and avoid giving any recorded statements to insurance adjusters.

Who pays for damages after a rental truck accident?

In Texas, if you're injured in a collision with a rental truck while driving your own car, the party responsible for your damages typically depends on who is at fault for the accident. Texas follows an at-fault insurance system, meaning the driver who caused the crash is liable for resulting damages.

If the rental truck driver is at fault, their personal auto insurance or any supplemental insurance obtained through the rental company should cover your medical expenses and other related costs.

However, getting compensated from the at-fault driver’s insurance isn’t a simple process. Insurance companies often push back against claims like this and may use tactics to shift the blame onto you or dispute your injuries.

What if the at-fault driver lacks insurance coverage?

If the at-fault driver lacks sufficient insurance, your own uninsured/underinsured motorist (UM/UIM) coverage can help pay for your damages. This optional coverage is beneficial in situations where the responsible party's insurance is inadequate. In Texas, insurance companies offer UM coverage unless you reject it in writing.

Additionally, Personal Injury Protection (PIP) coverage can pay for medical bills and lost wages regardless of who was at fault. Like UM coverage, PIP is not required in Texas. However, having either UM or PIP can prevent you from having to pay for someone else’s mistake.

If you find yourself in this situation, an experienced Houston rental truck accident lawyer at Smith & Hassler can help you explore all potential sources of compensation, whether it’s from your own insurance company or a third party.

Can I sue the rental company for my injuries?

In Texas, rental companies are generally protected from liability under the Graves Amendment, which shields them from being held responsible solely because they own the vehicle involved in an accident. However, exceptions exist where the rental company's actions or inactions may render them liable.

Situations where you might have a valid claim against a rental truck company include:

• Negligent maintenance: If the rental company failed to properly maintain the vehicle, they could be held responsible for a crash caused by a mechanical failure (e.g., brake failure, tire blowout).
• Renting to unqualified drivers: If the company rented the truck to someone without a valid driver's license or to an individual they knew (or should have known) was unfit to operate the vehicle safely, they might be liable.
• Known defects: If the rental company was aware of a defect or safety recall on the vehicle and failed to address it before renting it out, they could be held accountable if the defect leads to a crash.

How can a Houston rental truck accident lawyer help me?

If you were injured in a rental truck accident, you may not be sure where to turn. Having a skilled Houston rental truck accident attorney on your side can make a big difference in the outcome of your claim. Here's how Smith & Hassler can help you:

• Investigating your crash: Our attorneys can conduct a thorough investigation to gather key evidence, such as the police report, witness statements, maintenance records, surveillance video, your medical records, and much more.
• Keeping you informed: We’ll help you understand your legal rights and the nuances of Texas personal injury law so you can make informed decisions throughout the process. We’ll frequently keep you updated on the status of your claim so you always know what to expect.
• Dealing with insurance companies: Insurance adjusters may attempt to reduce or deny your claim. With our law firm on your side, they can’t take advantage of you. We’ll handle all communications, advocate fiercely on your behalf, and fight for a fair settlement.
• Calculating damages: Beyond immediate medical expenses, our attorneys can assess long-term costs, including future medical care, lost wages, and pain and suffering, to determine the full extent of your claim.
• Fighting for you at trial: If a fair settlement can’t be reached, our attorneys will be prepared to take your case to court. We can present a compelling case before a judge and jury to pursue the compensation you deserve.

How long do I have to file a lawsuit after a rental truck accident?

In Texas, you generally have two years from the date of a rental truck accident to file a personal injury lawsuit. This timeframe is established by the Texas Civil Practice and Remedies Code § 16.003, which sets a two-year statute of limitations for personal injury claims.

However, it's important to act promptly after an accident. Delays can result in the loss of evidence and may jeopardize your ability to recover compensation. Plus, witnesses can forget specific details that can help your case. That’s why it’s so important to speak to the attorneys at Smith & Hassler as soon as possible if you’ve been injured.

Contact a rental truck accident attorney in Houston today

If you've been injured in a rental truck accident in Houston, the attorneys at Smith & Hassler can fight to hold the responsible party accountable. We’ll leave no stone unturned when building your case and seeking maximum compensation for your losses.

We operate on a contingency fee basis, meaning you won't pay any upfront costs. We only receive attorney fees if we successfully recover compensation on your behalf. This allows you to focus on your recovery without financial stress.

We’ll be glad to listen to your story, assess your case, and answer your questions during a free consultation. We’ll explain the legal process and what you can expect moving forward. To speak to an experienced Houston rental truck lawyer, contact Smith & Hassler today for your free, no-obligation consultation.

“I was very impressed with the way they handled my case. I would HIGHLY RECOMMEND them to anyone who needs trustworthy legal advice. From the beginning, the entire staff were incredibly helpful. They were very transparent and let me know every step they took. My attorney and his assistant were very thorough in explaining the entire process from start to finish. I was very satisfied with the outcome.” – TV, ⭐⭐⭐⭐⭐