California Car Rental Accident Attorneys

What is a Car Rental Accident?

A car rental accident refers to any collision or incident involving a rented vehicle that results in damage to the vehicle, injury to persons, or both. These accidents can occur under various circumstances, such as while the vehicle is being driven by the renter, a designated driver, or a third party. The key elements distinguishing a car rental accident from other types of car accidents include the involvement of a vehicle that is not owned by the driver but rented temporarily from a car rental company.

Who Are the Most Common Car Rental Companies?

• Turo
• Hertz
• Enterprise
• Dollar
• Budget
• Thrifty
• AVIS
• National

Who is Involved in a Car Rental Accident?

• Renter/Driver: The person who rented the car and is operating it at the time of the accident.
• Car Rental Company: The entity that owns the vehicle and rents it out to customers.
• Third Parties: Other drivers, passengers, pedestrians, or property owners who may be affected by the accident.

Liability and Fault in California Car Rental Accidents

Determining liability in car rental accidents involves a careful examination of the circumstances surrounding the incident. In California, several parties could be held responsible depending on the situation.

1. Determining Fault

• Driver Negligence: The renter or other involved drivers may be held liable if their negligence contributed to the accident. Negligence can include behaviors like distracted driving, speeding, or violating traffic laws.
• Comparative Negligence: California follows a comparative negligence rule, meaning that multiple parties can share fault for an accident. Each party’s liability is proportional to their level of fault. For example, if a driver is found 60% at fault and another 40%, compensation will be adjusted accordingly.

2. Rental Company Liability

• Vehicle Maintenance: Rental companies have a duty to ensure their vehicles are in safe, working condition. If an accident occurs due to a mechanical failure that should have been addressed by the rental company, they may be held liable.
• Rental Agreement Terms: The rental agreement may include clauses that limit the company’s liability or transfer certain responsibilities to the renter. It is crucial for renters to understand these terms, as they can affect who is held accountable.

3. Other Potentially Liable Parties

• Manufacturers: If a defect in the vehicle contributed to the accident, the manufacturer might be held liable, especially in cases involving recalls.
• Third Parties: Other drivers, pedestrians, or entities responsible for road maintenance may also share liability depending on the circumstances.

What are the common causes of car rental accidents?

1. Driver-Related Factors

• Distracted Driving: Drivers unfamiliar with a rental vehicle may become easily distracted by adjusting controls or using in-car technology. Additionally, distractions from mobile devices, navigation systems, or passengers can increase the risk of accidents.
• Unfamiliarity with the Vehicle: Renters may not be fully accustomed to the handling, braking, or features of a rental car, leading to errors in judgment or control.
• Fatigue: Travelers may be tired due to long flights or road trips, impairing their ability to drive safely. Fatigue can slow reaction times and reduce awareness, contributing to accidents.
• Speeding and Aggressive Driving: Drivers might be more prone to speeding or aggressive driving, especially if they are in a rush or unfamiliar with local traffic patterns.
• Intoxicated Driving: While driving under the influence is illegal, some renters may still engage in this behavior, significantly increasing the risk of accidents.

2. Environmental and External Factors

• Road Conditions: Poor road conditions, including potholes, construction zones, or debris, can contribute to accidents. Renters may not be aware of local road hazards, increasing their risk.
• Weather Conditions: California’s diverse climate can present various weather-related challenges, from fog and rain in coastal areas to snow in mountainous regions. Drivers unaccustomed to these conditions may struggle to maintain control.
• Local Traffic Laws and Customs: Visitors may be unfamiliar with California’s specific traffic laws, such as right-of-way rules or speed limits, leading to mistakes that cause accidents.

3. Vehicle-Related Issues

• Maintenance and Mechanical Failures: Although rental companies are generally required to maintain their vehicles, lapses can occur. Issues like brake failures, tire blowouts, or other mechanical problems can lead to accidents.
• Rental Car Recalls: Occasionally, rental vehicles may have outstanding recalls that have not been addressed. Defects related to these recalls can contribute to accidents if they impact vehicle safety.

Who is liable for a car rental accident in California?

Liability depends on the circumstances of the accident. The driver at fault is typically responsible for damages. However, factors like vehicle maintenance issues or unclear rental agreement terms can shift liability to the rental company or other parties.

What should I do immediately after a car rental accident in California?

• Ensure Safety: First, check for injuries and call emergency services if necessary. Move to a safe location if possible.
• Contact Authorities: Report the accident to the police and obtain a police report.
• Notify the Rental Company: Inform the rental company about the incident promptly.
• Document the Scene: Take photos of the accident scene, damage, and gather contact information from witnesses and other parties involved.
• Seek Medical Attention: Even if injuries seem minor, it’s important to get a medical evaluation.

What is a Collision Damage Waiver (CDW) and do I need it?

A CDW is an optional add-on offered by rental companies that waives the renter’s financial responsibility for damage to the rental vehicle. It’s not technically insurance but acts as a waiver. Whether you need it depends on your existing insurance coverage and comfort level with potential out-of-pocket costs.

Personal Injury Claims in Car Rental Accidents

Victims of car rental accidents in California may pursue personal injury claims to seek compensation for their injuries and losses. Understanding the process and what can be claimed is essential for maximizing recovery.

1. Types of Compensation

• Medical Expenses: Compensation can cover medical bills related to the accident, including emergency care, hospital stays, surgeries, rehabilitation, and ongoing treatments.
• Lost Wages: If the accident causes the victim to miss work, they can claim compensation for lost income. This includes both past and future earnings if the injuries result in long-term disability.
• Pain and Suffering: Victims may receive compensation for physical pain, emotional distress, and the overall impact on their quality of life. This category often requires detailed documentation and expert testimony to quantify.
• Property Damage: Claims can include compensation for damage to personal property, such as the vehicle, personal belongings, or other affected assets.

2. Filing a Personal Injury Claim

• Gathering Evidence: Collecting comprehensive evidence is crucial for building a strong claim. This includes medical records, accident reports, witness statements, photographs, and any other relevant documentation.
• Legal Representation: Hiring an experienced personal injury attorney can significantly improve the chances of a successful claim. Attorneys can help navigate the legal process, negotiate with insurance companies, and advocate for fair compensation.
• Statute of Limitations: In California, personal injury claims must generally be filed within two years from the date of the accident. Failing to file within this period can result in the loss of the right to pursue compensation.

Our Experienced California Attorneys at Razavi Law Group Can Help

Speaking with a car accident attorney is crucial when an accident occurs because insurance companies are more concerned with protecting themselves than compensating you for your medical bills or other trauma. Insurance companies will either try to pay the least amount possible or avoid a payout altogether. Accepting such settlements without consulting an attorney could result in low-ball offers that may not include damages you are entitled to, which could consist of future medical expenses, emotional trauma, or pain and suffering. Our experienced California car rental accident attorneys at Razavi Law Group can help Contact us now for a free, no-obligation consultation. We’re here for you, ready to make a difference in your case.