When someone is injured in an accident involving a rental car, it can be difficult to decipher who is responsible for paying for the damage. Beyond that, what if someone’s seriously hurt? Rental car companies and insurance providers don’t make it easy. They move fast and often try to shift the blame or delay the claim.
Georgia Rental Car Accident Attorney
The right attorney makes all the difference. The McArthur Law Firm has over 40 years of proven experience fighting for those injured in car accidents. If you or someone you love has been injured in an accident involving a rental car, you need to contact McArthur Law Firm today.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Overview of Rental Car Accident Cases
- Overview of the Rental Car Industry
- Injuries From Georgia Rental Car Accidents
- Hidden Dangers in Rental Cars
- Who Can Be Sued After a Rental Car Accident in Georgia
- Frequently Asked Questions About Georgia Rental Car Accidents
- Additional Resources
Overview of the Rental Car Industry
The rental car industry plays a crucial role in global transportation, offering short-term vehicle access for travelers, businesspeople, and locals needing flexible mobility solutions. This sector serves airports, urban centers, and tourism hubs, and includes both multinational corporations and regional providers. Several companies offer rental vehicles and have policies related to accidents, insurance, and liability.
Enterprise Holdings
Enterprise is the largest rental car company globally, operating three key brands: Enterprise Rent-A-Car, National Car Rental, and Alamo Rent A Car.
Hertz Global Holdings
Hertz operates under the Hertz, Dollar, and Thrifty brands. It is one of the oldest names in the industry and maintains a large international presence.
Avis Budget Group
This group includes Avis, Budget, and Zipcar. Avis caters to business travelers, while Budget offers value-focused options.
Sixt SE
A German-based provider with a growing U.S. presence, Sixt is known for its premium fleet and stylish branding.
Injuries From Georgia Rental Car Accidents
Injuries From Unfamiliar Driving Position
People renting a car are often driving an unfamiliar make or model. That can affect reaction times and comfort with controls. This sometimes leads to back and neck injuries, especially in sudden-stop situations. These are often diagnosed as whiplash or soft tissue injuries and can take weeks or months to fully heal.
Head Injuries From Airbags Or Impact
Rental car crashes frequently involve airbag deployment, especially in head-on or side-impact collisions. While airbags save lives, they can also cause blunt-force trauma to the face or head. Traumatic brain injuries (TBIs) are a serious concern and may not be immediately noticeable. Under Georgia law, damages for TBI can include both current and future medical costs.
Burns And Smoke Inhalation
Some rental car crashes, especially high-speed ones or those involving electric vehicles, can lead to engine fires or battery-related incidents. Victims may suffer burns or inhale toxic smoke. Burn injuries often require long-term care and may result in scarring or permanent disfigurement.
Crush Injuries And Broken Bones
Larger rental vehicles like trucks and SUVs tend to roll over more easily or cause greater damage in a crash. Passengers in smaller vehicles may suffer broken bones, crushed limbs, or spinal injuries from the force of the collision. These injuries typically require extensive treatment and rehabilitation.
Seatbelt And Airbag-Related Injuries
Although safety devices save lives, they can still cause harm in a high-speed crash. Seatbelt injuries might include bruised or fractured ribs, chest pain, or abdominal injuries. In some cases, defective seatbelts or airbags may give rise to a separate legal claim under product liability law.
Emotional And Psychological Trauma
In addition to physical harm, many rental car accident victims experience mental health issues, especially after serious crashes. Anxiety, PTSD, or sleep problems are common. Children or tourists who were unfamiliar with the roads may be particularly vulnerable to emotional distress. Under Georgia law, victims can recover damages for mental and emotional suffering if it stems directly from the accident.
Hidden Dangers in Rental Cars
It may come as a surprise, but not all rental cars on Georgia roads are as safe as they appear. Many vehicles in rental fleets have open safety recalls or overdue maintenance that has never been addressed. Federal law only mandates that rental companies fix recall issues under certain circumstances—typically when they operate fleets of 35 or more vehicles. Smaller operators often slip through the cracks, and even larger companies may delay repairs due to cost or logistical challenges.
What’s more concerning is the lack of consistent oversight. While rental agencies are expected to provide vehicles that are “reasonably safe,” this standard is vague and difficult to enforce in practice. The result? Renters may unknowingly drive off in cars with faulty brakes, malfunctioning airbags, or other critical issues that put them—and others—at serious risk.
Who Can Be Sued After a Rental Car Accident in Georgia
Negligent Rental Car Driver
If the driver of the rental car caused the accident due to negligent behavior—such as speeding, driving under the influence, texting, or violating traffic laws—they may be personally liable. Under O.C.G.A. § 51-1-6, individuals who breach a legal duty and cause harm can be sued for negligence. This includes claims for both personal injuries and property damage.
Other Negligent Drivers
If another driver (not the one in the rental car) caused the accident, that person can also be held legally responsible. According to O.C.G.A. § 33-7-11, Georgia drivers are required to carry liability insurance. This insurance should cover injuries and damages caused to others. If the at-fault driver’s insurance is denied or insufficient, the injured party may need to seek compensation through other legal avenues.
Rental Car Company
While rental car companies generally cannot be held liable for accidents simply because they own the vehicle, they may still be sued if they were directly negligent. This includes situations where the company failed to inspect or properly maintain the vehicle, or knowingly rented out a defective car.
Employer of the Rental Car Driver
If the driver was using the rental car for work-related purposes at the time of the crash, their employer might be held liable. In Georgia, respondeat superior means that an employer can be sued for the negligent actions of an employee if those actions occurred within the scope of their employment.
Vehicle Manufacturer
If a vehicle defect—such as a faulty brake system or airbag—contributed to or caused the accident, the vehicle manufacturer could be liable. This would fall under Georgia’s product liability laws, which allow lawsuits for issues like defective design, manufacturing flaws, or failure to provide adequate warnings about potential risks.
Frequently Asked Questions About Georgia Rental Car Accidents
What should someone do immediately after a rental car crash in Georgia?
After a rental car accident in Georgia, individuals should call 911, check for injuries, document the scene with photos, collect witness information, notify the rental car company, and consult with an attorney.
Does personal auto insurance cover a rental car accident?
Coverage depends on the individual’s policy. Some personal auto insurance policies include rental car coverage, but terms and conditions vary. It is advisable to review the policy documents or consult directly with the insurance provider.
Can someone sue another driver if involved in a rental car accident?
Yes. If the other driver was at fault, they may be held liable for negligence under O.C.G.A. § 51-1-6.
Is the rental car company liable if mechanical issues caused the accident?
Potentially. If the accident resulted from poor maintenance or mechanical failure, the rental company may be held responsible, even though the Graves Amendment offers some protection to vehicle owners.
What happens if the renter was partially at fault for the accident?
Under Georgia’s comparative negligence law, O.C.G.A. § 51-12-33, an injured party may still recover damages as long as they were less than 50% at fault for the accident.
Can a rental car company be sued for providing a dangerous vehicle?
Yes. If the rental company was negligent in maintaining or inspecting the vehicle, it may be liable, despite not being automatically responsible as the vehicle’s owner.
What if the at-fault driver lacks insurance?
In such cases, the injured party may be able to file a claim under their own uninsured motorist coverage, if applicable, pursuant to O.C.G.A. § 33-7-11, or pursue a civil lawsuit.
Can a passenger sue even if they weren’t driving the rental car?
Yes. Passengers have equal rights to pursue personal injury claims against any at-fault parties involved in the accident.
Is there a deadline to file a claim in Georgia?
Yes. Most personal injury claims in Georgia must be filed within two years, as outlined in the statute of limitations under O.C.G.A. § 9-3-33.
Additional Resources
Unique Accident Trend Of Rental Cars (ResearchGate) – This source outlines a study that investigated the high accident rate of rental cars using survey data and statistical analysis. It identifies behavioral trends, inexperience, and young driver age as key causes of crashes involving rental cars.
The Rental Truck Safety Study Report To Congress (FMCSA) – This government report evaluates the safety of rental trucks between 2005 and 2010. It reviews crash data, identifies causes, compares maintenance programs, and analyzes state regulations. The study found most fatal rental truck crashes were due to driver error, not mechanical issues, and that rental trucks generally have lower out-of-service rates compared to nonrental trucks.
Lawyers for Rental Car Accident Injuries in Cobb County, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
