Car Accidents and Negligence: When you are Liable For Another Person’s Driving
In most car accident cases, the key issue is determining which driver is at fault for the accident. Usually, if one driver is negligent — that is, did not use reasonable care or caution while driving — he or she will be at fault. (To learn more about fault and negligence in car accidents, read Nolo’s article Car Accidents: Proving Fault and Car Accidents Caused by Negligence.)
However, in some situations, the law can assign fault to someone who was not driving or even present in the car at the time of the accident. Although this sounds surprising, there are a number of common situations where this can occur.
When an Employee Drives the Car
The law holds employers responsible for wrongful acts, including negligent driving, when they are committed by an employee while the employee is performing job duties. (This comes under the theory of “vicarious liability,” or “imputed negligence.” When two parties have a certain relationship with one another, the law can hold one party liable for the misconduct of another.)
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. These state laws don’t require that the parties have a relationship like that of employer-employee. Instead, in states with such laws, once you give someone permission to drive your car, you’re on the hook for their actions.
When Your Kids Drive the Car
In many states, parents are liable for their child’s negligent driving when they let their child use the family car. There are several types of laws and legal theories that allow this to happen.
Negligent entrustment. If a parent lends the family car to a minor child knowing the child is incompetent, reckless, or inexperienced, the parent may be liable for damage caused by the child’s driving. This legal theory is called negligent entrustment (see “When You Let an Incompetent or Unfit Driver Use Your Car,” below).
The family purpose doctrine. Some states adopt the “family purpose” doctrine. In those states, when someone purchases and maintains a car for general family use, the owner of that vehicle (generally, dad or mom) is liable for negligent driving by any family member using the car.
Signing a minor’s 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 minor’s negligent driving. So, if a parent signs the application, the parent will be liable for the child’s negligent driving.
When Is a Driver Incompetent, Reckless, or Unfit?
Lending your car to the following types of people can mean you have committed negligent entrustment, and you could be liable for any damages caused by the driver.
USA Corporate Training is owned and operated by our sister company American Safety Institute, Inc. (ASI). ASI has been providing driver training, Driver Safety Training, Safety Programs and drug recognition program to the public for over 20 years.
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