San Antonio, Texas, is a hub for tourists, with popular sites like the Alamo and the River Walk drawing visitors from around the world. Many guests use rental cars to get around the city, increasing traffic on San Antonio’s already congested streets. If the driver of a rental car hits your vehicle, who is responsible for your injuries and property damage?
The San Antonio car accident attorneys at Carabin Shaw help accident victims navigate the complexities of rental car liability to ensure they receive all the damages they deserve. We offer our services on a contingency-fee basis, so you pay us nothing until we win your case. Call our expert Texas lawyers 24/7 to schedule your free case review in English or Spanish at 1-800-862-1260.
Steps After a Rental Car Accident in San Antonio, TexasYou will have an easier time determining liability and holding responsible parties accountable if you follow these steps immediately after your crash:
Texas law requires drivers involved in a crash to call the police if there are injuries, fatalities, or significant vehicle damage. The police report can also help build your personal injury case by providing accident details and other potentially relevant information.
Car Wreck With Rental Car: Determining FaultTexas is an at-fault state, meaning the party responsible for causing a car accident is also liable for damages resulting from the crash. Your personal injury lawyer will begin by gathering evidence to identify the at-fault parties and prove their negligence contributed directly to the collision and your injuries.
Possible at-fault parties might include:
Any of these parties could be liable for your injuries and subsequent losses. You can seek damages even if you were partly at fault for the collision. Under Texas’s proportionate responsibility rule, accident victims can pursue damages from other at-fault parties as long as the victim's portion of fault was less than 51%. However, your damages will be reduced by your percentage of fault.
Texas Rental Car Accident Liability: The Insurance MazeKnowing who is at fault for your accident guides you to file a claim with the appropriate insurance company. However, filing becomes more complicated when a rental car driver is responsible for the crash. Do victims file a claim with the driver’s insurance company or the rental company’s insurance provider?
The Rental Car CompanyUntil 2005, accident victims could seek damages from rental car companies under the doctrine of vicarious liability. The Grave Amendment, enacted that year, states that rental companies can no longer be held liable for injuries caused by the renter of their vehicle. The only exception is when the rental company’s negligence contributes to the crash. Negligence might include:
It is crucial to have an experienced San Antonio rental car accident lawyer on your side who understands the complexities of liability and can protect you from a negligent company that tries to hide behind the Graves Amendment to avoid responsibility.
The Rental Car DriverIf the driver of the rental car has personal insurance, that policy may cover the injuries and losses of the accident victims. Unfortunately, insurance companies are more focused on saving money than giving accident victims a fair shake. Adjusters use various tactics to reduce or deny claims. Your personal injury attorney will protect you from those tactics, ensuring you get all the damages you deserve.
Injured by a Rental Car? Contact Carabin Shaw to Schedule Your FREE CONSULTATION Today!If you were recently injured by a rental car driver, let the lawyers at Carabin Shaw help you navigate the complex liability process and pursue the damages you deserve. Our law firm’s raving client reviews attest to our ability to settle cases for accident victims like you successfully. We are available now toll-free at 1-800-862-1260 to book your free, no-obligation consultation. No money owed unless we win.
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