TL;DR
If you’re involved in an accident with a moving truck, your immediate priorities should be safety, medical attention, and clear documentation. Move to a safe area, call emergency services, and exchange information with all parties. Take photos, gather witness statements, and notify your insurance company. If injuries or significant damage occur, consult an attorney who understands truck accident laws, as moving truck crashes often involve unique liability issues.
Key Highlights
- Prioritize safety and call 911 for injuries or hazards.
- Move vehicles out of traffic if possible and safe.
- Exchange contact, license, and insurance details with all drivers.
- Record the moving truck company’s name, vehicle number, and rental agreement details.
- Take photos of the scene, vehicles, and any visible injuries.
- Collect contact information from witnesses.
- Seek medical evaluation, even if injuries seem minor.
- Notify your insurance company promptly.
- Contact a lawyer for guidance, especially if the moving truck was rented or operated by a moving company.
Each year, thousands of large trucks are involved in collisions on U.S. roads, with moving trucks accounting for a significant portion of these incidents. According to the Federal Motor Carrier Safety Administration (FMCSA), over 4,000 fatal crashes involved large trucks in 2022, and rental moving trucks contributed to a notable share of injury-causing accidents. Many of these vehicles are driven by individuals with little experience handling oversized, heavily loaded vehicles, increasing the risk of property damage and injury.
Moving truck accidents introduce a complex mix of legal and insurance factors. Unlike commercial trucking companies, moving trucks are often rented by private individuals or small local movers. This can make it difficult to determine who is legally responsible, the driver, the rental company, or even a third-party contractor. State laws, such as Georgia’s comparative fault statute (O.C.G.A. § 51-12-33), can also affect how damages are calculated and who can recover compensation.
When a moving truck is involved in a crash, the steps you take in the first minutes and hours can shape the outcome of any insurance claim or legal case. Knowing exactly what to do, from evidence gathering to contacting the right professionals, can help protect your health, finances, and legal rights.
Hit by a moving truck? A truck accident attorney can protect your rights.
- Immediate Safety and Emergency Response
The moments after a collision with a moving truck are critical for everyone’s safety. Large vehicles, especially when loaded, can create hazards such as fuel leaks, blocked lanes, or shifting cargo.
Key Actions:
- If possible, move all vehicles out of traffic to prevent secondary accidents.
- Turn on hazard lights and set out warning triangles or flares if available.
- Check yourself and passengers for injuries. Do not attempt to move anyone with suspected neck or back injuries unless there is immediate danger (e.g., fire).
- Call 911, even if the accident seems minor. Emergency responders can assess injuries and manage hazardous conditions.
- Inform the dispatcher if a moving truck is involved, as its size and cargo may require special response.
Why This Matters: Moving trucks can weigh up to 26,000 pounds and may carry household goods, furniture, or hazardous materials. Emergency crews need this information to respond appropriately.
Expert Insight: According to the National Safety Council, timely emergency response reduces the risk of secondary collisions and helps preserve evidence.
2. Gathering Critical Information at the Scene
Accidents involving moving trucks often require more detailed documentation than standard car crashes. Rental agreements, vehicle numbers, and company details all play a role in determining liability.
Essential Information to Collect:
- Driver’s license, registration, and insurance details for all drivers.
- The moving truck’s company name (e.g., U-Haul, Penske, Ryder) and the vehicle’s identifying number or license plate.
- Rental agreement information: Ask the truck driver for a copy or photo of the rental contract, which lists who is authorized to drive.
- Contact details for the moving truck company or rental location.
- Names and contact information of all passengers and witnesses.
Photo Documentation:
- Damage to all vehicles from multiple angles.
- The entire accident scene, including road signs, signals, skid marks, and debris.
- Any visible injuries.
- Cargo spills or shifting loads, if applicable.
Witness Statements:
- Approach witnesses politely and ask for a written or recorded statement if they are willing.
- Note their names, phone numbers, and a brief summary of what they saw.
Expert Insight:
Accurate records are essential in moving truck accidents, as insurance companies often dispute liability when a rental vehicle is involved.
3. Understanding Liability and Insurance Complexities
Moving truck accidents often involve multiple parties and overlapping insurance policies. Determining who is responsible for damages, the driver, the rental company, or a moving service, is not always straightforward.
Who Could Be Liable?
- Individual Driver: If the person renting the truck was driving, their auto insurance or purchased rental coverage may apply.
- Rental Company: Under federal law (the Graves Amendment, 49 U.S.C. § 30106), rental companies generally aren’t held liable for accidents unless they were negligent (e.g., poor maintenance).
- Moving Company: If the truck was operated by employees of a moving company, the business’s commercial insurance may cover damages.
- Third Parties: Fault may also extend to other drivers, pedestrians, or manufacturers if a vehicle defect contributed to the crash.
Types of Insurance That May Apply:
- Personal auto insurance of the driver (may exclude large rental trucks).
- Supplemental insurance purchased through the rental company.
- Commercial policies held by moving companies.
- Umbrella or excess liability policies.
Special Considerations:
- Many personal auto insurance policies exclude coverage for rental trucks over a certain weight (usually 10,000 pounds).
- If the driver was not listed on the rental agreement, coverage may be denied.
- Cargo damage may be covered separately from vehicle damage.
Case Study: A 2021 Georgia case involved a family injured by a rented moving truck. The rental company denied liability, citing the Graves Amendment, but the court found the company partially responsible due to improper vehicle maintenance.
4. Medical Evaluation and Documentation
Even minor collisions with moving trucks can cause serious injuries due to the size and weight of these vehicles. Soft tissue injuries, concussions, and internal trauma may not be immediately obvious.
Steps to Take:
- Seek medical attention as soon as possible, even if you feel fine.
- Keep records of all medical visits, diagnoses, and treatment plans.
- Follow up with your healthcare provider for ongoing symptoms.
- Save receipts for prescriptions, medical equipment, and transportation to appointments.
Why Prompt Care Matters:
- Delayed symptoms (such as whiplash or internal bleeding) are common after truck accidents.
- Medical records create a timeline that supports your insurance claim or legal case.
- Insurance companies often challenge claims without immediate documentation.
Expert Insight: The Centers for Disease Control and Prevention (CDC) reports that motor vehicle crashes are a leading cause of traumatic brain injuries in the U.S., with large vehicle collisions posing higher risks.
5. Reporting the Accident and Dealing with Insurance
Timely reporting helps protect your rights and speeds up the claims process. Truck accidents, especially those involving rentals, often require more detailed communication.
Reporting Steps:
- Notify your own insurance company as soon as possible.
- Provide all documentation: police report number, photos, witness information, and medical records.
- If the moving truck was rented, contact the rental company to report the incident.
- Ask for a copy of the rental agreement and any insurance purchased through the rental company.
Dealing with Insurance Adjusters:
- Stick to the facts when describing the accident.
- Do not admit fault or speculate about causes.
- Keep a written record of all conversations, including names and dates.
- Review all paperwork before signing anything from insurers or rental companies.
Special Notes:
- Insurance companies may try to shift liability or deny claims if the rental agreement was violated (e.g., unauthorized driver).
- If the accident occurred in a no-fault state, your own insurance may cover medical bills regardless of fault.
- In states with comparative fault laws, your compensation may be reduced by your percentage of responsibility.
Real-World Example: In a 2022 Texas case, an insurance company denied a claim because the moving truck driver was not listed on the rental contract. Legal intervention was required to resolve the dispute.
6. Legal Considerations and When to Consult an Attorney
Moving truck accidents often involve complex legal questions about liability, insurance, and compensation. Consulting an attorney can help protect your interests, especially if there are injuries, disputes, or significant property damage.
When Legal Help Is Needed:
- Serious injuries or fatalities occurred.
- Multiple vehicles or parties are involved.
- Insurance coverage is denied or disputed.
- The rental company or moving company is involved in the claim.
- You are accused of causing the accident.
How an Attorney Can Help:
- Investigate the accident and gather additional evidence (such as maintenance logs or rental records).
- Identify all potential sources of compensation.
- Handle communication with insurance companies and other parties.
- Advise you on state laws, such as Georgia’s comparative fault rules or the Graves Amendment.
- Represent you in court if necessary.
Choosing the Right Lawyer:
- Look for attorneys with experience in truck accident and personal injury law.
- Ask about their track record with moving truck cases.
- Request a free consultation to discuss your situation.
Statistical Insight: According to the Insurance Institute for Highway Safety (IIHS), victims represented by attorneys receive settlements that are, on average, 3.5 times larger than those who handle claims alone.
In a crash with a moving truck? Talk to a truck accident attorney now.
Conclusion
Collisions involving moving trucks require quick thinking, thorough documentation, and a clear understanding of insurance and legal complexities. The steps you take in the first minutes and days after the incident, from ensuring safety and gathering evidence to seeking medical care and consulting legal experts, can have a lasting impact on your recovery and financial well-being.
Moving trucks present unique risks due to their size, weight, and the inexperience of many drivers. Liability can be complicated by rental agreements, state and federal laws, and overlapping insurance policies. By acting decisively and seeking expert guidance, you can protect your rights and improve your chances of a fair resolution.
If you or a loved one have been involved in an accident with a moving truck, don’t leave your future to chance. Gather all available evidence, seek medical attention, and reach out to a qualified attorney as soon as possible. The right support can make a significant difference in securing the compensation and peace of mind you deserve. Take control of your situation today by ensuring every step is documented and every option is explored. Contact us for a free consultation today.
