Rental Car Accidents in Banning
You may be eligible for compensation if you were hurt in a car accident. To prove your right to damage recovery, you must identify the at-fault party, prove their negligence, and back your claim with evidence.
For claims involving rental car accidents in Banning, the process can be more complicated than in crashes where the car owner is at fault. Understanding how these cases work can help you take the right steps when filing a claim.
Who Is Liable for a Rental Car Accident?
Determining liability is the first step to financial recovery after a rental car collision in Banning. Potentially liable parties include:
The Rental Car Driver
If the driver of the rental car demonstrated negligence (e.g., speeding, distracted driving, running a red light), they can be held legally liable for resulting damages.
The Rental Car Company
Rental companies may bear liability if the accident occurred due to their negligence, such as failing to maintain the vehicle properly.
The Car Manufacturer
If the crash happened because of a defect in the vehicle (e.g., malfunctioning brakes), the car manufacturer might be liable under product liability laws.
Additional Third Parties
A third party—such as a pedestrian, cyclist, or another entity (e.g., a construction company that created unsafe road conditions)—could share liability if their actions contributed to the wreck.
Rental car drivers must have personal auto insurance. In some cases, the rental company can sell these drivers additional insurance. Figuring out which insurance company to file a claim with is key to speeding up the case.
In some situations, more than one party may be responsible for the accident. If this occurs, they may share liability.
Proving Negligence Caused a Rental Car Crash
The injured person must prove the at-fault party’s negligence to claim fair damages following a rental car wreck in Banning. The four elements of negligence are:
Legal Duty of Care
The at-fault party must have a legal duty of care to the injured individual. All drivers have the legal duty of care to others on the road. This duty is to exercise reasonable safety to prevent dangerous situations.
Breach of Legal Duty of Care
To be found negligent, the at-fault party must breach the legal duty of care. For example, a rental car driving down Sunset Avenue runs a red light at the W. Ramsey St. intersection.
Injuries
The injured party would also need to show that the breach of legal duty of care led to injuries. For example, the rental car that ran a red light hit a vehicle that was driving down W. Ramsey St. The second driver sustained a spinal cord injury as a direct result of the first driver’s negligent actions.
Damages
To claim compensation in a rental car accident, the injured party must prove that injuries led directly to damages. For example, the spinal cord injury demanded long-term costly treatment and rehabilitation. Meanwhile, the injured driver had to miss work and lost earning capacity.
Our Banning Attorneys Can Help You File a Rental Car Accident Claim
You could recover damages if you were hurt in a rental car crash caused by someone else. However, doing so properly requires a professional legal approach. Without legal advice, it is easy to miss the opportunity to claim the comprehensive compensation you need to move forward.
At Walter Clark Legal Group, we have a team of personal injury attorneys with experience handling rental car accidents in Banning. Call us for a free consultation at any time.