A woman recently filed a lawsuit in West Virginia against Enterprise Rent-A-Car after she was reportedly hurt in a car accident involving a vehicle owned by the company. The woman claims that a rental car collided with her vehicle, and she alleges that the driver of that car was negligent. The car wreck happened in October.
The incident apparently took place when the woman was heading south on West Virginia Route 62. According to her complaint, she went around a curve. At that point, she noticed that a semi-truck that was going north was taking up part of her lane.
Reportedly, she navigated her vehicle to the right, and she also slowed down so as to keep from striking the truck. However, she claims that she was immediately rear-ended by an Enterprise vehicle that an out-of-state individual was driving. The woman asserts that she suffered injuries, which could have been prevented had the driver not been following so closely and driving too quickly.
The woman is seeking compensatory damages as well as punitive damages. Punitive damages, however, are typically only awarded in cases of egregious fault. In order for the woman to win her personal injury case, competent proof of negligence on the part of the rental car driver must be presented in civil court — which, if established, would likely be applied against Enterprise as the owner of the vehicle. Only then will liability be satisfactorily established in court and will a judge determine the woman’s financial damage claims in West Virginia. A monetary award may help the woman to pay off her hospital bills and make up for lost wages stemming from the car wreck.
Source: wvrecord.com, “Rental car company named in accident suit“, Annie Cosby, Nov. 17, 2014