Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
Rosenfeld Injury Lawyers BBB Business Review

Moving Truck Accident

Nearly three million people across the country will move each year. Moving often requires a large truck because it involves packing furniture and possessions and moving it to a new location.

Large trucks on the road are dangerous to the other driver in a car when they cause a crash. This is even more true when the large truck is rented to anyone with a valid driver's license.

If you have been injured in a moving or rental truck accident in Chicago, Illinois, you may be eligible for financial compensation. Contact our law firm to schedule your free consultation.

chicago moving van truck accident lawyer

Moving Truck Accidents

Legal responsibility for a moving truck accident depends on the status of the truck driver. There are two different ways that people move:

  • They get a vehicle from a truck rental company and move themselves
  • They hire a moving truck company to do the move for them

Surprisingly, only a small percentage of the people who move will hire a moving company. Most will try a DIY approach to save money because movers can add a large expense to your relocation.

Moving Trucks Are Large Vehicles

A moving truck is far larger than the average passenger vehicle. U-Haul moving vehicles have gross weights between 8,000 and 26,000 pounds. Commercial moving trucks can be even larger. When moving trucks are tractor-trailers, they can be even larger.

The disparity in size between the moving truck and the passenger car that they hit will lead to serious injuries for the other motorists. More often than not, other drivers will not walk away from a crash unharmed.

The Most Common Causes of Moving Truck Accidents

Here are some of the common reasons for accidents involving moving trucks:

  • The driver of the truck was speeding
  • The truck driver fails to check their blind spot when changing lanes
  • The moving truck driver fails to adjust their driving to account for road conditions
  • Brakes failure keeps the driver from being able to come to a complete stop in time
  • The truck driver was distracted and had their eyes off the road at the time of the accident
  • The driver loses control of the truck and is in a rollover accident

Proving Negligence in a Moving Truck Accident

The standard in any moving truck accident is negligence. You must prove that someone else did not uphold the duty of care expected of them under the circumstances.

The first thing is to figure out who is the proper defendant to sue. In truck accidents, there could be a number of defendants. Your lawyer will first investigate the crash to determine the responsible party.

It is helpful to your case when there is more than one party who can be sued because it can lead to more compensation.

Your attorney will need to gather the necessary evidence to prove liability as the first step. Before you can even discuss actual dollar figures, you must show that someone else was negligent.

In layman's terms, this means:

  • Someone else owed you a duty of care
  • They breached the duty of care by acting unreasonably under the circumstances
  • You suffered an injury
  • You would not have been injured had it not been for the careless actions of the defendant

One of the classic examples of truck driver negligence is when the driver does not look into their blindspot and hits a motorist in the next lane.

Another instance of moving truck negligence is when the truck operator speeds and cause an action.

Suing Moving Truck Companies for Accidents

If someone has hired a moving company, that company is responsible for damage caused by their large trucks.

Moving companies, as the employer of the truck driver, are liable for the actions of the driver. So long as the truck driver was on the job when the accident happened, their employer must pay for the damage that they have caused.

This is very helpful for a seriously injured motorist who is seeking full compensation for their injuries. Moving companies will have large insurance policies that can fully cover all the damages.

If the moving company does not have enough insurance, then you can go after their assets.

Accidents Involving Rental Trucks

Rental truck companies allow practically anyone of a certain age with a driver's license to get a truck. They do not care how good of a driver the renter is because the rental company is not usually responsible.

They will rent to experienced and inexperienced drivers just the same. Many people who get behind the wheel of moving trucks may have never driven such a large vehicle before and are getting used to it while they are driving.

When drivers get trucks from rental companies like U-Haul, it is usually the driver themselves who is legally responsible for the accident. They will be held responsible in cases of negligence.

Moving truck companies offer drivers extra insurance when they rent a vehicle. A renter would be smart to take the extra coverage, especially considering that they are behind the wheel of a large and unfamiliar truck.

Nonetheless, you are still dealing with an insurance company that is not trying to pay the full amount of your damages.

When a Truck Rental Company Is Legally Responsible

U-Haul has a responsibility to put trucks onto the road that are inspected, maintained and in proper working order.

When their moving trucks have a mechanical defect, rental truck companies can be held responsible. There must be something wrong with the truck that caused the driver to lose control of the vehicle. U-Haul is supposed to fix mechanical defects before the truck goes onto the road.

One common example where a rental company can be held liable is when there is brake failure. Presumably, the rental truck company would inspect the brakes on the truck before renting it.

The Truck Manufacturer Can Be Held Liable

Defective equipment may not just be the fault of the truck rental company. The company that designed and manufactured the moving truck could be liable if you can prove that the truck was defective.

There are a number of ways that you can win a product liability lawsuit:

  • You prove that there were design flaws that made the truck unreasonably dangerous
  • You show that there was a defect in the manufacturing process
  • You demonstrate that the manufacturer knew of a potential danger and failed to take steps to warn the public of it.

Damages in a Moving Truck Accident

Here are some of the damages that you are legally entitled to receive after truck accidents:

  • The full costs of medical care
  • Lost wages
  • Pain and suffering
  • Property damages
  • Loss of enjoyment of life

When you have a claim for an accident involving a moving truck, you are likely dealing with an insurance company that will go out of its way to try to cost you money. When dealing with an insurance company, you need an experienced truck accident attorney to work on your behalf.

Call Us for a Free Consultation

If you or a loved one have suffered a personal injury in a crash involving a moving truck, our personal injury lawyers can help.

Call the law firm of Rosenfeld Injury Lawyers at (888) 424-5757 or contact us online to schedule your free consultation. We can work to hold the at-fault party liable for the injuries that they caused you.

Our truck accident lawyers have a long track record of helping injury victims get results.

Moving Truck Accident Sources for General Information Purposes

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa