Car Crash Liability — Assignment of Negligence

In the world of automobile liability, it is usually fairly clear cut when deciding who is a fault for an accident. In most cases, it is the driver of one of the vehicles that is held responsible for their actions. An example of irresponsible behavior can include but is not limited to: negligence while operating the vehicle; driving under the influence of a controlled substance; or disobeying traffic laws and signals. Through the use of experts, police reports, eye witnesses, and crash site analysis the right person can be held accountable for the collision. There are instances, however, where the law can assign fault and therefore liability to someone who was not even in the vehicle that was involved in the accident.

The fact that someone can be held accountable for the reckless driving of another might sound surprising - at first glance. However, it is a common situation. Below is a list outlining several types of occurrences wherein liability can be assigned to others, other than the operator of the vehicle:

• When You Let Someone Drive Your Car: In some states, car owners are legally responsible for negligent driving by anyone using the owner's car with the owner's permission. Regardless of your relationship with an individual, once you let them borrow your car you are responsible for their actions.
• Signing a Minor Childs Driver's License Application: Some states have laws that make the person who signs a minor's driver's license application legally responsible for the driving of that minor child.
• The Family Purpose Doctrine: This doctrine states that when someone purchases and maintains a car for general family use, the owner of that vehicle is liable for the negligent driving by any family member using the car.
• When an Employee Drives a Company Car: This is known as the legal theory of vicarious liability or imputed negligence. The law holds employers responsible for wrongful acts while the employee is preforming job duties, including negligent driving.
• Negligent Entrustment: If a car is lent to a person, usually a minor child, who is known to be incompetent, reckless or inexperienced. Below are several different situations where lending your car to this individual could result in a ruling of negligent entrustment:
  • Intoxicated Driver - When someone is drunk or likely to become so.
  • Unlicensed and/or Underage Driver - Someone who lacks the necessary knowledge and skill to be a safe driver.
  • Elderly Driver - When complications with age makes a driver unsafe to drive.
  • Ill Driver - When an illness causes a driver to be unfit to operate a vehicle.
  • Previously Reckless Driver - When you lend your car to someone with a known history of dangerous driving.

I hope this sheds some light on the subject of vehicle owner's liability. Please think twice before you lend your car out to someone. As unfair as it may seem, you could be held responsible for the actions of another. Parents, please ensure that your child has taken the proper classes, and is certified before you let them behind the wheel on open roads. Contact the professionals at The Gooch Firm, P.C. to help with your automobile accident case today.