Rental car service providers offer convenience to thousands of people every day. Whether touring the iconic Sri Meenakshi Temple or just exploring the city while your car is in the garage, hiring a vehicle is not only ideal but also reliable. Unfortunately, your trip may have a lasting impact, especially when an accident occurs.
As our Pearland car accident lawyers know all too well, the aftermath of a rental car accident can be overwhelming. First, you may not have reviewed the terms of your agreement with the rental car company, and secondly, insurance and rental companies may be quick to shift the blame.
Therefore, hiring an experienced Pearland rental car accident lawyer from Lone Star Injury Attorneys is necessary to protect your rights and guide you through the legal process.
Understanding Rental Car Accidents
The traffic volume in Texas makes it difficult for new road users to navigate. In some cases, poor road designs and improper maintenance result in accidents. Understanding how these accidents occur prepares you for related dangers, giving you a chance to not only avoid them but also secure your rights in case of an accident.
Our Pearland personal injury lawyers have found that the most common cause of rental car accidents in Pearland is human error. This happens when someone fails to observe the expected duty of care through reckless actions, such as:
- Failure to yield
- Road rage
- Speeding
- Distracted driving
- Unsafe lane changes
- Inexperienced driving
- Driving under the influence
Other causes include bad weather, improper road design, and mechanical defects. While some of these may not directly involve human error, as is the case with bad weather accidents, an experienced attorney can assess the circumstances of a crash to determine whether someone was negligent.
For a free legal consultation with a rental car accident lawyer serving Pearland, call (832) 449-8230
How Is Liability Determined in a Rental Car Accident?
Liability in a crash involving a rental vehicle is determined by considering several factors that make up negligence. While each is distinct, they must all be proven with the preponderance of the evidence when filing a rental car accident case in Pearland. These considerations are:
Duty of care
The first question that must be answered when determining fault in a rental car accident is whether someone owed you a duty of care.
For example, every driver, including rental car operators, has a legal obligation to drive safely and responsibly by adhering to local and federal traffic laws. They must avoid actions that put others in danger. The duty of care also extends to other road users, including pedestrians, cyclists, bikers, and the general public.
Breach of duty
Breach of duty in personal injury law occurs when someone fails to uphold the expected standard of conduct as discussed earlier. Any behavior that violates one’s duty of care lays the foundation for determining fault.
Common examples of breaches include speeding, careless driving, failure to yield, road rage, and distracted driving. A breach of duty shows that someone acted outside of what a reasonable person would in similar circumstances.
Causation
Even if duty of care and breach are demonstrated, they are not enough to prove fault in a rental car accident. It must be proven that the other party’s actions directly resulted in the accident and related losses. This is referred to as causation, and may be proximate or actual.
For example, if a rental car driver is using their cell phone and runs a red light, hitting a pedestrian, then they are directly responsible for the accident and harm caused.
Damages
The final consideration for determining liability in a rental car accident is damages. These are the losses suffered by a personal injury victim. They may be economic or non-economic.
Damages in an injury case include medical expenses, lost income, rehabilitation costs, pain and suffering, emotional distress, and vehicle repair estimates. These damages are unique in every case, and an experienced Pearland rental car accident attorney can help quantify and account for all losses related to the crash.
Pearland Rental Car Accident Lawyer Near Me (832) 449-8230
Who Bears the Fault in a Rental Car Accident?
Determining who to sue in a rental car accident depends on key factors such as how the accident happened, the location, the parties involved, and insurance coverage. The fault may fall on any party found to have violated the expected duty of care through negligence. These parties may include:
- Rental company
- Vehicle owner
- Vehicle manufacturer
- Third parties
- State agencies
- Rental car driver
Because rental car accidents usually involve complex laws and agreements, working with a Pearland rental car accident attorney is helpful. They can interpret relevant regulations and contracts on your behalf.
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Protect Your Rights by Speaking with a Pearland Rental Car Accident Lawyer
If you have been involved in a rental car accident in Pearland, time is critical. A knowledgeable attorney can guide you through the aftermath and safeguard your financial interests. Our rental car accident lawyers are available to discuss your rights and help you get the compensation you are entitled to. Contact us now to speak with a lawyer near you.
Call or text (832) 449-8230 or complete a Free Case Evaluation form