Cutchogue, NY — The driver of a rental truck was hurt when he hit a patch of ice, skidded, and flipped over in Cutchogue, New York. Authorities have cited worn tires on the rental truck as the cause of the accident, which trapped the driver inside. The truck went over a patch of ice before running into a tree and flipping over. Fire department volunteers were forced to cut the cab open to free the driver.
The driver sustained minor injuries, and was taken to Peconic Bay Medical Center.
Scene of the Accident
Commentary
The details in the reports are a little scarce, so we’re going to have to make a few assumptions here. From what I’ve read, it sounds like the driver rented a truck to move some things, hit a patch of ice, skidded and flipped the truck over. So we’ll start there. Whenever someone rents a moving truck, nine times out of ten they’re going to have to sign an agreement that releases the company from any sort of liability in the case of an accident. So if the driver goes out on the highway, takes a turn at 90 miles an hour, flips the truck, and THEN goes back to the company seeking damages, the company is — very understandably — going to shake its head. The short of it is that the company is not liable for an accident that the driver caused. That’s very reasonable, and not something a lot of people would disagree with. But, with that agreement comes the understanding that what the company is renting out isn’t in some way dangerous or defective. So if the company rents out a truck that has some sort of problem — bald tires in this case — they’re going to be liable if those tires fail during the regular operation of the vehicle.
It’s reasonable to expect that a rental company would have to carry a decent amount of insurance in case of an accident. That isn’t always the case. Either way, trying to get a company to admit liability — especially in a case like this where they’re required to perform maintenance on their trucks and to uphold a certain standard of safety — is going to be a little tricky, as a company very rarely likes to admit full liability.
— Grossman Law Offices
