Understanding The Issue Of Negligent Entrustment After An Auto Accident

Negligent entrustment is a legal concept that holds a person or entity liable for entrusting a vehicle to someone they knew or should have known was incompetent, inexperienced, or unfit to operate the vehicle safely. It can apply to car accidents, where the owner of a vehicle may be held responsible for damages caused by the driver they entrusted the vehicle to.

How Negligent Entrustment Affects an Accident Case

In a vehicle accident case, negligent entrustment can affect the outcome in the following ways:

Liability of Vehicle Owner

If it can be established that the vehicle owner knew or should have known that the driver they entrusted the vehicle to was unfit to drive, they may be held partially or entirely responsible for the accident. For example, if the owner lent their car to someone with a history of drunk driving or a suspended license, they could be considered negligent in their decision to entrust the vehicle.

Standard of Care 

Negligent entrustment establishes a duty of care that vehicle owners have when lending their vehicles. They are expected to exercise reasonable care in determining whether the driver is capable and responsible enough to operate the vehicle safely. 

Evidence and Proof 

To establish a claim of negligent entrustment, the injured party must provide evidence that demonstrates the vehicle owner's knowledge or should have known about the driver's incompetence or unfitness. This evidence can include prior accidents, traffic violations, DUI convictions, or any other relevant information that indicates the driver's inability to operate the vehicle safely.

Comparative Negligence

Negligent entrustment can impact the determination of comparative negligence in a vehicle accident case. If it is established that the vehicle owner was negligent in entrusting the vehicle, their percentage of fault may be factored into the overall liability assessment. 

Damages

Negligent entrustment can affect the damages awarded in a vehicle accident case. If the injured party can prove that the vehicle owner's negligent entrustment directly contributed to the accident and resulting injuries, they may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

Accident victims should consult with an attorney specializing in personal injury or vehicle accident cases. That can help you to understand the specific laws and regulations in your state and how negligent entrustment may impact your case. Your truck accident lawyer can assess the circumstances, gather evidence, and help determine the most appropriate legal strategy to pursue compensation.