Negligence claims may be filed against a person or a business if they knowingly entrusted a motor vehicle to a driver that was unfit or incompetent in their ability to operate a vehicle safely. A person may be deemed unfit, reckless or incompetent due to their age or lack of driving experience. The laws of negligent entrustment may apply when one person allows a mentally incompetent person to operate their car, truck or motorcycle.
Elements of a Negligent Entrustment Claim
A claim of negligent entrustment arises when an unfit, mentally incompetent or reckless driver is the cause of an accident when driving a vehicle owned by somebody else. The injured victim must be able to prove the following components in order to establish a claim of negligence:
- The owner entrusted their vehicle to the person responsible for the accident
- The owner knew that the driver was incompetent, reckless, under legal driving age or did not hold a valid driver’s license
- The owner should have known that the driver was unfit to safely operate a motor vehicle
- The driver was negligent in the operation of the vehicle
- The negligence of the driver resulted in damages, injury or death to others
If the plaintiff is able to prove the elements listed above, the owner can be held legally liable for all damages caused by that person. A negligent entrustment claim may be brought against a vehicle owner if they knowingly loaned their car to an individual who is intoxicated. Even if the driver was not intoxicated at the time, but had a history of driving under the influence of alcohol or drugs, the owner may still be held responsible.
In some states, if a car is stolen due to the owner’s negligence, such as leaving the car keys in the ignition, and the vehicle is later involved in an accident, the owner will be responsible for the damages incurred.
Vicarious Liability and How it Applies to Employers
In most states, both the owner and the driver can be held responsible under the legal premise known as “vicarious liability”. When an employee becomes involved in an accident while operating a vehicle when conducting company business, their employer can be held liable for the negligent acts. Employers are responsible for obtaining a driver’s history. If they have been cited for reckless driving or been charged with driving under the influence, the employer could be legally liable for the employee’s actions. The legal rule of vicarious liability is especially important when serious injuries or death has occurred in an accident. The injured victim is aware that the employer has deeper pockets and may be able obtain a larger amount in damages.
When to Talk to a Car Accident Attorney
Whether you are the victim of an accident involving an unfit or incompetent driver or are facing a lawsuit for negligent entrustment, you need qualified legal help. A personal injury attorney will be able to file a claim for damages if you are the injured victim. If you unknowingly loaned your car to a friend and are faced with a claim for damages, an experienced lawyer may be able to help you fight these charges.
