Rental Car Accidents
If you have been injured in an accident involving a rental car, you may be entitled to sue both the driver and — in certain limited circumstances — the rental car company themselves. In Georgia, an apportionment rule is applied to all injury claims. Essentially, you (the injured party) may only recover the amount of damages from each defendant that they are actually responsible for. As such, in accidents involving rental cars where the company itself is at least partially at-fault for the plaintiff’s injuries, it’s important for plaintiffs to litigate their claims against the rental car company, too, in order to realize their damages in full.
Liability of the Driver
As with drivers in their own vehicles, drivers of rental vehicles may negligently cause injuries to others in a variety of ways. Oftentimes, however, the drivers of rental vehicles tend to be from out-of-state. This unfamiliarity can contribute to accidents.
Factors indicative of the driver’s negligence include, but are not necessarily limited, to:
- Distracted driving
- Excessive speeding
- Failure to adhere to traffic rules
- Failure to use turn signals
- Reckless driving
- Failure to correct known mechanical issues
- And more
Liability of the Rental Car Company
Rental car companies may also be held liable, if circumstances point to such liability. Consider the following factors that may be indicative of the rental car company’s negligence:
- Failure to properly assess driver’s competency
- Failure to properly assess whether the driver is licensed
- Failure to maintain rental vehicle in a reasonably safe condition
- Failure to notify driver of “quirks” relating to vehicle handling or maintenance
- And more
Contact an Experienced Atlanta Car Accident Attorney Today
Rental car accidents are necessarily complicated by the nature of the arrangement — the driver is not the owner of the car. In that respect, beginning the process of litigation in a rental car accident scenario requires an assessment of a range of factors, including the potential liability of the rental car company as the owner and entity primarily responsible for maintaining the vehicle in a reasonably safe condition. Additionally, there may be insurance concerns and other administrative issues.
Here at Ponton Law, we are committed to client-oriented advocacy. From beginning-to-end of the client engagement process, Attorney James Ponton works closely with injured clients to ensure that their objectives are aligned, and that any questions or concerns are handled in a respectful, responsive manner.
Attorney James Ponton has successfully litigated on behalf of injured motor vehicle plaintiffs for nearly a decade, and previously, was employed as an insurance defense counsel. Unlike many other litigators, Attorney Ponton has seen both sides of litigation, and is therefore well-positioned to anticipate and counter many of the strategies employed by defense counsel.
Call (404) 418-8507 to connect to an experienced Atlanta car accident attorney today. Initial consultation is free, and during such time, Attorney Ponton will assess your claims and work with you to determine how best to move forward with litigation.
We look forward to hearing from you.