When you rent a vehicle through a professional service, you trust the rental car company to provide a safe and reliable car. Accidents can still happen, though, and sometimes the rental car itself may be the cause.
In certain cases, it may be possible to hold the rental car company liable for damages if their negligence contributed to the accident.
The rental company’s duty of care
Hawaii law requires rental car companies to ensure their vehicles are roadworthy. The rental company has a duty to check the mechanical condition of their vehicles and repair any known defects before renting them out. If they neglect this responsibility and the vehicle’s condition leads to an accident, the driver may have the right to pursue a claim against the company.
Common examples of rental car company negligence
One potential situation where a rental car company could be responsible is when they fail to properly maintain the vehicle. For example, a rental car might experience a brake failure that causes a collision. If an investigation reveals that there was no recent brake inspection or maintenance, the rental car company may be at fault for providing an unsafe vehicle.
Another possible scenario involves hidden defects in the car. If a mechanical issue, such as a faulty steering system or worn-out tires, causes the accident, the rental company could be liable. In these cases, a claim may hinge on the company’s failure to ensure the vehicle was free of dangerous defects.
The Hawaii Department of Transportation reports that there were 92 traffic accident fatalities in the state in 2023. Considering Hawaii’s prominence as a travel destination, it is important to acknowledge the role that rental vehicles can play in such statistics. After an accident, it is important to thoroughly investigate the cause to determine whether the rental company’s negligence played a role.