There are a number of different ridesharing services in California, most notably from companies like Uber and Lyft. But other companies have been entering the market by offering vehicle-sharing, especially those with specialty vehicles like trucks and vans. One company, U-Haul, has recently begun offering a truck share program for customers. However, as with any vehicle, you may be involved in an accident with one of these trucks.
At Maison Law, our experienced California rideshare accident lawyers can help you and any loved ones that have been injured in an accident with a U-Haul vehicle. Contact us today to learn more about your options with a free, no-obligation consultation.
What is U-Haul’s Truck Share Program?
Most everyone is familiar with the concept of a U-Haul truck or vehicle. The company offers rental services of its vehicles for moving and other purposes, allowing customers to use the company’s trucks for a variety of purposes.
Recently, the company began offering a 24/7 truck share service where customers can rent a truck without having to visit a physical U-Haul location or interact with a staff member in person. Rather, the entire transaction can be done over company’s app. Typically, it involves the following steps:
- Reservation – Customers can make reservations online or through the U-Haul app. They select the type and size of the truck they need and choose a pick-up location and time.
- Check-in – On the day of the rental, customers receive a unique code via the U-Haul app or by email. This code is used to access the truck.
- Access the truck – At the designated pick-up time, customers go to the specified U-Haul location. They use their unique code to unlock the truck, which is typically equipped with a smartphone-enabled system.
- Inspect and drive – Customers perform a brief inspection of the truck to ensure it’s in the expected condition. They can then load their belongings and drive to their destination.
- Return – After using the truck, customers return it to the same U-Haul location or another specified drop-off location. They use the app or website to complete the return process, which may include checking the fuel level and confirming the condition of the vehicle.
Liability
While the program offers its customers convenience and flexibility, it also raises a number of concerns as it relates to liability in the event of an accident. Although the service offered by U-Haul differs slightly from the traditional means of renting one of their vehicles, the process for figuring out who is responsible in the event of the accident is still the same in the eyes of California law.
It all begins with establishing negligence. U-Haul trucks and vans are held to the same legal standard as any other motor vehicle when it comes to liability for accidents. In essence, if a U-Haul driver’s negligence leads to an accident, both the driver and U-Haul may be held responsible for the resulting damages. To simplify, there are four key components of negligence:
- A legal duty owed to the injured party by both the driver and U-Haul..
- A breach of that duty is committed by the driver or U-Haul.
- An injury suffered by you, a passenger, or another driver.
- Establishing that the breach of duty by the driver or U-Haul directly caused the injury (often referred to as the “proximate cause”).
Once negligence is established, several different parties could potentially be held accountable for your injuries in the event of an accident:
- U-Haul
- The driver of the vehicle
- Maintenance crews that worked on the vehicle
- The manufacturer of defective parts
The determination of liability heavily depends on the circumstances surrounding the accident. If the driver was:
- Operating recklessly
- Failed to check their blind spot, resulting in the accident, they could be held liable.
If U-Haul neglected to:
- Properly vet the driver, and that driver caused the accident, the company might be held accountable.
In cases where the truck or van:
- Experienced brake failure or a tire blowout, the manufacturer could potentially be liable.
Often, a combination of these parties may share responsibility for the damages, as it’s likely that some degree of fault lies with each of them.
Furthermore, it’s essential to note that California follows a “comparative negligence” statute, which means that your potential recovery is reduced based on your percentage of fault in the accident. Regardless of the circumstances, it’s important to take steps to preserve your legal rights in these situations.
How Can You Preserve Your Legal Rights After a U-Haul Truck Share Accident in California?
The biggest question you probably have after a U-Haul truck share accident involves what you need to do to pursue your legal options. Thankfully, California law allows you or any other injury victim to file a claim for damages against the person or company responsible for causing the accident that hurt you. In order to make sure your claim stays viable, it’s important to take the following actions:
- Prioritize your safety – First and foremost, prioritize your safety and the safety of others involved. Call 911 immediately if there are any injuries or if the accident is blocking traffic.
- Exchange information – As with any accident, you’ll want to exchange contact and insurance information with all parties involved. Make sure to get names, addresses, phone numbers, and insurance details.
- Document the scene – If it’s safe to do so, take pictures of the accident scene, including damage to vehicles, road conditions, and any relevant road signs or signals. This evidence can be valuable later.
- Contact law enforcement – In many cases, it’s best to contact the local police to report the accident. They can create an official accident report, which may be essential for insurance claims and proceedings.
- Notify U-Haul – Report the accident to U-Haul as soon as possible. They may have specific procedures and requirements for accidents involving their rental vehicles.
- Seek medical attention – Even if you don’t feel seriously injured, it’s a good idea to get a medical evaluation. Some injuries may not be immediately apparent but could develop later.
- Speak with witnesses – If there were any witnesses to the accident, gather their contact information. They may be able to provide crucial testimony later.
- Preserve evidence – Do not repair or dispose of your damaged vehicle until you’ve consulted with an attorney or your insurance company. The vehicle may serve as evidence.
- Contact your insurance carrier – Notify your auto insurance company about the accident. They will guide you through the claims process and can provide information about coverage.
- Stay calm and don’t admit fault – In any conversations with the other party, the police, or insurance adjusters, avoid admitting fault or making statements that could be used against you later.
- Keep records – Maintain a file of all documents related to the accident, including medical records, repair estimates, correspondence with U-Haul and insurance companies, and any other relevant information.
Taking these steps are very important to preserving any potential claim you may have after an accident, but it’s only one part of the equation. The other is actually filing the claim for damages, which our team can definitely help you with.
Damages Available in a U-Haul Truck Share Accident Claim
Your primary concern following an accident involving a U-Haul truck should be your health and recuperation. Although your injuries may be significant, seeking immediate medical attention can provide you with an understanding of their severity and establish a treatment plan. Once you’re on the path to recovery, the next step is to file an injury claim and, potentially, legal action.
A U-Haul truck accident claim is a bit different from regular accidents because it might have many insurance companies involved. But don’t worry, our experienced California rideshare accident lawyers are great at handling this for you. What you need to think about is the potential damages that you could recover in a claim, such as:
- Medical expenses and bills
- Treatment and therapy costs
- Lost wages
- Mental distress
- Physical pain and emotional suffering
- Loss of enjoyment of life or companionship
- Wrongful death expenses, if the accident is fatal
Keep in mind that how much financial support you can get depends on how badly you’re hurt and how much you suffered from the accident, whether you’re asking for it through insurance or in court.
If you’re thinking of filing a lawsuit, you need to know about the deadline called the statute of limitations. In California, for a personal injury claim after a U-Haul truck accident, you have to file within two years of the accident date.
Contact Maison Law Today For a Free Consultation
Facing a rideshare accident, especially involving a U-Haul vehicle, is a serious matter. In such situations, our team of experienced lawyers at Maison Law can assist you in getting the compensation you need for your recovery.
We handle all aspects of your claim, allowing you to concentrate on your health and family. Contact us today for a free, no-obligation consultation to get started.
