Moving Truck Accidents: DIY Movers and Rental Company Negligence

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When a rented moving truck driven by someone hauling a household’s belongings hits another car or a person, the collision has an extra party: the company that owns and rented the truck. Federal law shields a rental company from liability that rests only on its ownership of the truck, but not from liability for its own negligence or criminal wrongdoing, so the claim looks first at the driver’s conduct and then at anything the rental company itself did wrong.

The Rental Company and the Graves Amendment

49 U.S.C. 30106(a), known as the Graves Amendment, provides that an owner of a motor vehicle that rents or leases the vehicle to a person “shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if” two conditions are met: “(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).”

The protection is written around ownership, and its second condition turns on the owner’s own conduct. Georgia law draws a similar line for any vehicle owner. In Grant v. Jones, 168 Ga. App. 690 (1983), the Court of Appeals held that ownership of a vehicle alone does not establish the owner’s liability, and it rejected a negligent entrustment claim where there was no evidence that the owner knew the driver was not competent to drive and the driver had taken the vehicle without permission.

Duties of the Person Operating the Truck

A driver may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic on and condition of the highway (OCGA 40-6-49(a)). No one may operate a motor vehicle with a load that is not adequately secured to prevent it from dropping or shifting onto the roadway in a way that creates a safety hazard, and a violation is a misdemeanor (OCGA 40-6-254). A truck loaded with a household’s belongings, driven by someone moving them, is subject to both rules.

Fault Between the Drivers

A plaintiff found partly at fault recovers damages reduced by the plaintiff’s own percentage, and nothing at all at 50 percent or more (OCGA 51-12-33(a), (g)).

For example, imagine a jury that finds total damages of $110,000 and assigns 25 percent of the fault to the injured plaintiff. The judge reduces the award by 25 percent, to $82,500. At 50 percent, the plaintiff would recover nothing.

Frequently Asked Questions

Does the federal statute override Georgia’s insurance requirements?
No. The section does not supersede state laws that impose financial responsibility or insurance standards on vehicle owners as a condition of registering and operating a vehicle, or state laws that impose liability on rental businesses for failing to meet state financial responsibility or liability insurance requirements (49 U.S.C. 30106(b)).

Who counts as an “owner” protected by the statute?
The term covers a record or beneficial owner, title holder, lessor, or lessee of the vehicle; a person entitled to its use and possession subject to another’s security interest; and a lessor, lessee, or bailee in the business of renting or leasing motor vehicles that has the vehicle’s use or possession (49 U.S.C. 30106(d)(2)).

Does the load rule cover a trailer towed behind the truck?
Yes, for a registered trailer. Under the load-securing statute, a load includes, but is not limited to, a trailer required to be registered under Chapter 2 of Title 40 (OCGA 40-6-254).

What rules apply when a moving truck backs up?
A driver may not back a vehicle unless the movement can be made safely and without interfering with other traffic, and may not back on any shoulder or roadway of a controlled-access highway (OCGA 40-6-240(a), (b)).

  • 49 U.S.C. 30106(a), (b), (d)(2)
  • Grant v. Jones, 168 Ga. App. 690 (1983)
  • OCGA 40-6-49(a); OCGA 40-6-254; OCGA 40-6-240(a), (b)
  • OCGA 51-12-33(a), (g)

Disclaimer

This article provides general information about the federal and Georgia provisions that bear on collisions involving rented moving trucks. It is not legal advice and does not create an attorney-client relationship. Liability depends on the facts of each collision and on the rental agreement. Anyone injured in a collision with a moving truck should consult a licensed Georgia attorney promptly about the particular situation.

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