If a U-Haul Truck Hits Me, Can I Sue the Company?

Fortunately for victims, the answer to this question is “usually yes.” Normally, operators must have a commercial license to operate a vehicle the size of a fully-loaded U-Haul truck. These trucks can weigh more than 12,000 pounds. But in most cases, an individual only needs a valid credit card and an object that resembles a drivers’ license to get behind the wheel of such a vehicle and drive it who knows where.

Furthermore, most U-Haul truck drivers are either uninsured or dangerously underinsured. Personal auto insurance policies don’t cover losses unless the vehicle is listed on the policy, and most people decline extra insurance when they rent U-Haul trucks. So, a liability judgement against an individual driver is little more than a piece of paper. Most people are effectively judgement proof.

Because these claims are so complex, only the most experienced Newark personal injury lawyer should handle them. Because of the sheer weight of these vehicles, U-Haul collisions often cause catastrophic injuries, as outlined below. Thus, these victims badly need financial compensation, not only to pay medical bills and other accident-related expenses, but also to move on with their lives.

Truck Crash Injuries

Serious burns may be the most common truck crash injuries in New Jersey. A U-Haul truck may carry up to a hundred gallons of diesel fuel. This substance burns at a different temperature than ordinary gasoline. Contact with burning diesel fuels generally causes third or fourth-degree burns. These wounds burn interior levels of the skin or even the bones.

Additionally, especially after a freeway crash, many victims are pinned underneath flaming U-Haul trucks until the fire dies down and emergency responders can free them.

Broken bones, or rather crushed bones, are common in these wrecks as well. Seat belts and airbags provide little or no protection to extremities, like arms and legs. These limbs often slam into solid objects, like dashboards, during collisions. Doctors must use metal screws and other highly invasive techniques to reconstruct these bones.

As a result, most victims lose the use of their arms and/or legs, at least to an extent. Such permanent injuries also make them more vulnerable to future injuries.

Negligent Entrustment

This theory often applies in borrowed vehicle cases, especially in the Garden State. New Jersey is a family purpose doctrine state. If Mom allows Junior to drive her car, Junior is an incompetent operator, and Junior causes a crash, Mom is vicariously liable for those damages. Evidence of incompetence includes:

• No valid drivers’ license,
• Driving in violation of a drivers’ license restriction (e.g. driving at night in violation of a restriction),
• Recent at-fault collision(s), and
• A poor driving record.

Ths list reflects the strength of the evidence. Unlicensed drivers are usually incompetent as a matter of law, regardless of their driving experience. On the other end, a poor driving record, without other evidence of incompetence, usually isn’t enough to establish liability.

Additionally, a Mercer County personal injury lawyer must prove the owner knew about, or should have known about, the tortfeasor’s incompetence.

What is the Graves Amendment?

49 U.S. Code § 30106 was an obscure add-on to an obscure transportation bill in 2005. Missouri Democrat Sam Graves introduced the provision in response to developments in the rental vehicle industry.

A short time earlier, a person driving a rented Enterprise car caused a fatal fireball collision in Connecticut. The court ordered Enterprise to pay substantial damages. As a result, Enterprise threatened to cease operations in Connecticut and other states, including Missouri, which had strong vicarious liability laws.

Rep. Graves introduced the amendment on the House floor. So, other than a few moments of floor debate, no legislative history supports the Graves Amendment. This lack of backing, as well as the amendment’s brevity, gives a Middlesex County personal injury lawyer an excellent opportunity to get around the Graves Amendment and hold U-Haul liable for U-Haul truck crash damages.

Graves Amendment Loopholes

Missouri, like New Jersey and most other states, has a large number of Mom and Pop U-Haul locations. 49 U.S. Code § 30106 shields owners from commercial negligent entrustment liability and therefore protects the aforementioned small locations. But the Graves Amendment contains two very big “ifs.” At least one “if” applies in most cases.

Before we discuss them, we should discuss negligent entrustment as it applies to U-Haul and other vehicle rental companies.

As mentioned, negligent entrustment applies if an incompetent operator uses a motor vehicle. A Monmouth County personal injury lawyer could argue that U-Haul drivers who don’t have valid commercial licenses are incompetent as a matter of law. A better argument is an invalid drivers’ license. More on that below.

Trade or Business

Graves Amendment immunity applies if the agency which rented a vehicle to an incompetent operator was in the trade or business of renting motor vehicles.

The Graves Amendment itself doesn’t define trade or business, and there’s no legislative history to fall back on. Therefore, a lawyer must turn to the next best thing, which is the definition of “merchant,” a similar term, in the Uniform Commercial Code.

According to Section 2-104, a “merchant” has the following characteristics. None of these characteristics usually apply to U-Haul rental outlets.

• Particular Kind: Hardware stores sell hardware. If a few candy bars are available at the front, a hardware store is still a hardware store, not a candy store. Similarly, most U-Haul outlets are moving supply companies which rent a few trucks on the side. In other words, they’re moving supply companies, not vehicle rental companies.
• Special Knowledge: U-Haul workers have no special knowledge about the trucks they rent and don’t claim to have such knowledge. For example, a U-Haul clerk can tell a renter how to turn the air conditioner on, but the clerk knows nothing about the air conditioner’s inner workings.

The authors probably knew this weakness. The bill carefully defines “person,” “owner,” and “affiliate.” The failure to define “trade or business” is a glaring omission.

Not Otherwise Negligent

This requirement includes license verification. Standard practices used to verify drivers’ licenses in 2005 are arguably negligent in 2025.

In 2005, drivers’ license verification beyond a visual inspection was almost impossible. The technology was available, but it was cost prohibitive in most cases. If Richard Renter’s drivers’ license was suspended because of a DUI conviction, the U-Haul clerk wouldn’t know that and couldn’t obtain that information. Therefore, the clerk’s failure to verify the license was consistent with industry standards and not negligent.

Today, the industry standard has changed. For example, Enterprise electronically verifies a license to ensure that it’s not expired or suspended, or has no other applicable legal restrictions, such as the aforementioned nighttime driving. Enterprise and most other companies stop short of running a full DMV check.

So, if Richard tries to rent a U-Haul in 2025 and the clerk doesn’t electronically verify his license’s validity, the clerk is negligent, and Graves Amendment immunity does not apply.

Contact a Savvy Morris County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Newark, contact CourtLaw. Virtual, home, and hospital visits are available.