In most cases, the person who was involved in the car accident with you owned the vehicle that they were driving. There are some cases when there is another owner of the vehicle. If the driver was on the job and behind the wheel of a corporate car, you will be able to hold the employer responsible because the driver was their agent. However, if the driver was in a car that they borrowed from their friend, the car’s owner will ordinarily not be liable for the accident, even if the driver was to blame.
There are some limited circumstances where you may be able to add the vehicle’s owner to the lawsuit when they have their own independent ground of negligence. A car accident attorney can work to maximize the amount of compensation that you may be able to receive after you have suffered an injury in a motor vehicle accident.
Car Insurance Usually Follows the Driver
The normal rule in any car accident case is that the insurance policy follows the driver of the car. If a driver is operating a car that is not their own, their car insurance policy would cover the damages that they have caused when they were negligent under most circumstances. One exception is when the driver was behind the wheel for commercial purposes. If they were driving a company car for work reasons, they will need to rely on the commercial insurance policy.
To win your car accident case, you will need to prove that the driver was at fault. You must have evidence that shows that the driver did something that would be considered unreasonable under the circumstances. In a vast majority of cases, that is your aim and your pathway to financial compensation.
Negligent Entrustment Lawsuits in Car Accident Cases
There are several reasons why you will be able to hold the owner of the car liable for your accident injuries, even if they were not the one who was driving. When an owner makes a choice to lend their vehicle to someone else, they need to be careful about when they will allow that person to drive. There is a legal cause of action called negligent entrustment, this allows you to hold someone liable when they lend a car to someone who should not have been allowed to drive.
The most common circumstance that may support a negligent entrustment case is when the car’s owner allows a drunk driver to operate the vehicle. The car’s owner would be giving the intoxicated person the means to cause you harm. In that case, the owner should assess the condition of the person who wants to drive their car and say no. negligent entrustment could also apply to circumstances in which an owner lends their car to someone who they know to be a dangerous driver, or a motorist who does not have a license.
How to Win a Negligent Entrustment Lawsuit
To win a negligent entrustment lawsuit, you will need to prove the following elements:
- The car’s owner loaned or made their vehicle available to another driver
- The owner knew, or should have known, that the driver will operate the vehicle in a manner that can cause injury to others
- You suffered an injury due to that driver who was negligent or reckless
In other words, the car’s owner is negligent in their own way, which is independent of the driver’s negligence. You may have a challenge in showing that the car’s owner knew that the driver will operate the vehicle dangerously. Your case may be stronger when you can prove that the owner gave the keys directly to the driver after they saw them either drinking or intoxicated.
Proving what someone actually knew or should have known can be difficult in any type of personal injury case. It may be hard for you to get objective evidence that provides a window into someone else’s mind at the time that they were careless. You may need to use circumstantial evidence to prove what the car’s owner should have known. For example, if the car’s owner and the driver were drinking heavily together before the driver borrowed the car, you may be able to use evidence of excessive alcohol consumption as part of your negligent entrustment case.
Negligent Maintenance Lawsuits Against the Car’s Owner
You can also hold the car’s owner legally responsible if the vehicle was not properly maintained. The car’s owner has an obligation to perform maintenance on their vehicle as necessary, and they cannot drive or lend out a car that is not roadworthy.
For example, if you were rear-ended by the borrowed car because the brakes were not properly working (and the owner knew or should have known), you can file a lawsuit against them for negligent maintenance. Here, the owner of the car will be liable, even though they were not the one who was behind the wheel of the vehicle at the time of the accident.
Why You Need a Car Accident Attorney for Your Case
When you hire a car accident lawyer for your case, they will perform a complete investigation of the accident and help you determine who you may be able to sue. There is a chance that you can sue more than one defendant for your car accident injuries. You will want to cast as broad of a net as possible, so there is more potential coverage to pay for all of your damages. Although the amount of your damages depends on you and how you have been affected, the amount of money you can recover also depends on how much insurance coverage is available.
Your Nashua personal injury lawyer will conduct a complete investigation of the incident to both determine who was to blame and collect the evidence you need to win your case. Then, they will fight to get you top dollar for your car accident injuries.