Tourists and business travelers drive Florida roads every day, which means rental cars show up in a high number of crashes. If a rented vehicle hits you, you likely wonder who pays and how to hold the right party accountable. Florida law handles vehicle ownership in a distinctive way, so you should act quickly and speak with an attorney who understands these cases. You can call Friedman Rodman Frank & Estrada to discuss your options and protect your claim.
Why Rental Car Crashes Create Unique Legal Questions
Florida follows the dangerous instrumentality doctrine, which generally holds vehicle owners responsible for harm caused by someone they allow to drive. That rule sounds straightforward until a rental company enters the picture. A federal law known as the Graves Amendment shields rental companies from vicarious liability when a renter causes a crash. That protection does not cover every situation, though, which opens important paths for injured people to pursue recovery.
When A Rental Company Can Still Be Held Accountable
The Graves Amendment does not block claims for a company’s own negligence. If a rental agency knowingly rented a car with faulty brakes, ignored a tire recall, skipped required maintenance, or failed to remove a vehicle with open safety defects, that conduct may form the basis of a direct negligence claim. Claims may also arise from negligent entrustment, such as handing keys to someone who lacked a valid license or showed obvious signs of impairment at the counter. Each of these theories depends on proof, so preserving records and securing witness statements matters from day one.
Continue Reading ›