Carmichael Pedestrian Hit by U-Haul Truck
A pedestrian suffered a major injury that occurred on October 18 in Carmichael when they were struck by a vehicle. The California Highway Patrol (CHP) reported that the pedestrian was struck by a U-Haul truck along Marconi Avenue in front of the Quarter Apartments at about 7:01 in the evening. Because of the collision, the westbound lanes of Marconi Avenue were closed to traffic while the injured pedestrian was transported to a hospital and the roadway cleared. A tow truck was called to the scene to remove the U-Haul truck. The accident is under investigation by the CHP to determine what happened and to assign fault.
Driving a U-Haul truck can be difficult for an untrained driver. U-Haul, as well as other types of truck rental companies, are not covered by the rules and regulations required of commercial trucks. This loophole places the owners in the position of managing their own vehicles. However, a 2007 study by the Los Angeles Times found that of the 200 vehicles examined by investigators, 50 percent were given no service or maintenance for 12 months. The company has said that this is done every 30 days. In addition, many of the trucks were said to have over 200,000 miles and are still being used. It’s was reported that mechanics even went so far as to falsify their reports of maintenance. Of all issues associated with U-Haul trucks, bad brakes are common. In the period 2005 to 2010, approximately 145 crashes occurred with 177 fatalities, and 163 were seriously injured as a result of a U-Haul accident.
Lack of Training and Other U-Haul Problems
In addition, U-Haul does not always require that the renter’s vehicle be of adequate weight to pull a trailer. If the driver makes a turn, the trailer may swerve and cause serious injuries. The company also used tow dollies. The tow dollies, which are available for rental by the company, have been patented by U-Haul and may allow too much sway. To drive a mid-size or large U-Haul truck, there is no special license needed. This means that the drivers may not know how to navigate their vehicle properly and stop in time when a pedestrian is in their path. In addition, since the drivers are untrained, it is possible they will be focusing on managing the truck, and this distraction may make them oblivious to pedestrians in their path. In other cases, the driver may not load the truck properly. Even with insurance, the company may not be required to pay if this occurs.
What Sort of Insurance Coverage Does U-Haul Provide
The company provides an assortment of insurance protection policies a renter can purchase. Some such as Safemove ® covers cargo, most damage to the U-Haul trucks, and medical costs to those in the vehicle. It does not provide liability coverage. Alternately, Safemove Plus ® also covers cargo, medical expenses, and all damage to the U-Haul truck or van. It also has liability coverage up to $1 million in damages. You can even get tow service coverage. However, if you do not buy the coverage, you will be required to show insurance protection. If your personal policy is insufficient, you will be required to make up the difference.
How Does a Pedestrian Hit by a U-Haul Vehicle Collect?
In the end, the pedestrian deserves to be reimbursed for damages if someone using a U-Haul vehicle hits them. Generally, the injured party can file a lawsuit against the driver under such circumstances. If the vehicle is defective, a claim can be filed against the manufacturer. In cases where the vehicle is found to be unsafe, U-Haul can be held responsible. Other possible ways U-Haul is liable for the accident is if they rented the truck to an unlicensed driver, someone who was obviously impaired or a person who was incompetent.
What a Lawyer Can Do in a Pedestrian Accident
Our firm believes that no one should be penalized because of another’s negligence. We send our investigative team to the accident scene to determine who or what caused the accident to happen. We look for road marks, video footage of the accident on traffic surveillance cameras, and interview witnesses. We also review police reports for inaccuracies. Our investigators look for U-Haul truck defects or brake failure due to lack of maintenance. Since many pedestrian accidents are due to driver error, we also focus on this. Once the evidence is accumulated, we release it to our legal team, who build a strong case in our client’s favor.
Carmichael Personal Injury Lawyer
I’m Ed Smith, a Carmichael personal injury lawyer. Pedestrian accidents are traumatic, especially if a truck was involved. Call me today at (916) 921-6400 or at (800) 404-5400 for free and friendly advice. You can also contact me online using our convenient form.
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Photo Attribution: Depositphotos_11765047_l-2015
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