Car accidents usually result from the negligence of someone else because they breached the duty of care they owe to other drivers. If you suffered injuries due to the negligence of someone else you are entitled to file an auto accident claim with their insurer through the help of a Fall River auto accident lawyer.
However, if you were involved in a car accident with a driver using a leased car, liability may not be so clear. You need to establish whether the driver was negligent or whether their rental company rented out a malfunctioning car to build a strong case. Various circumstances dictate whether federal law can dismiss liability from a car hire company.
Overview of the Graves Amendment
Before 2005, you could file an auto accident claim against a rental company under vicarious liability. However, when the Graves amendment was passed in 2005, it eliminated vicarious liability claims against car rental companies. It is part of the Federal Highway Bill signed into law in 2005. The bill, in summary, prevents people from filing auto accident liability claims against rental companies for damages caused by their customers unless you can prove that the company was negligent or that their actions contributed to your injuries.
Vicarious liability in Fall River Massachusetts
In most cases, parties will not be held responsible for the acts of other people. However, there are exceptions that would allow the imposition of vicarious liability.
Example
If an employee causes an auto accident while they are at work you can hold the employer liable. However, if the employee is an independent contractor, vicarious liability will not allow for the imposition. If you sustained injuries in an accident where liability is not clear it’s advisable to consult a Fall River auto accident lawyer as soon as possible.
How the Graves Amendment affects drivers in Fall River, MA
The amendment requires car rental companies to ensure they lease to customers who have minimum coverage in the event of bodily injuries. The maximums under the Grave amendment are $10,000 in property damage $20,000 single crash and $10,000 for bodily injury insurance coverage. However, these amounts might not be sufficient especially if you suffer serious injuries.
It’s important to understand that the Graves Amendment does not offer full protection for car rental companies. In fact, if a car rental company does not maintain its cars in good working order you might still hold it liable in an auto accident claim. This is what is referred to as independent negligence and it could be attributed to faulty brakes, bad tires, or other mechanical problems that could lead to serious accidents.
The amendment does not protect the car rental company in the event of a complimentary rental where the car owner leases the car as their own is being repaired. This is because there is no money being paid for the loaner vehicle so the amendment does not protect the car rental company.
If you were involved in a trucking accident it’s important to note that most drivers usually lease out to independent contractors and therefore there is more than one layer of ownership. Due to this complication, it’s important to hire a Fall River auto accident lawyer who may be able to determine liability.
When can you hold a car rental company liable for damages?
Most situations don’t allow car rental companies to share liability in an auto accident claim. However, if it’s proven that the company’s actions caused the accident then it can be obligated to share liability.
Car rental companies are obligated to maintain their cars before releasing them out to drivers. If it’s found that, for example, the company rented out a poorly maintained car, it is possible to loop it into an auto accident claim.
How can I Fall River auto accident lawyer help you with your claim against a rental company?
If you file an auto accident claim against a car rental company, our Fall River auto accident lawyer will help you handle the entire claims process. They will access your case to determine whether the car rental company will share liability or if the Graves amendment applies to your case. Contact Kevin P Landry Law Offices at 508-676-0001 for help with your car accident claim today.
