When the driver who hit you was behind the wheel of someone else’s vehicle, your path to compensation may extend beyond that driver alone. California recognizes a legal theory known as negligent entrustment, which makes a vehicle’s owner liable for injuries when they hand the keys to someone they knew, or should have known, was dangerous behind the wheel. If a Santa Maria vehicle owner allowed an unsafe motorist to drive, consulting a Santa Maria car accident lawyer can help you determine whether you have grounds to hold that owner directly responsible.
What Counts as Negligent Entrustment Under California Law?
Negligent entrustment holds a car, truck, or motorcycle owner financially accountable when they let an unfit person operate their vehicle, and that person causes a crash. Under California Civil Jury Instructions (CACI) 724, you can successfully prove a negligent entrustment claim by establishing the following facts:
- The driver operated the vehicle carelessly or unsafely.
- The owner held title to the vehicle or had it with the title-holder’s consent.
- The owner knew, or had reason to know, that the driver was incompetent or unfit to drive.
- The owner gave the driver permission to use the vehicle.
- The driver’s unfitness was a substantial factor in producing your injuries.
How Does Negligent Entrustment Differ from Driver Negligence?
Driver negligence focuses on what the motorist did wrong on the road. Negligent entrustment focuses on a separate failure: the owner’s decision to give that motorist access to the vehicle in the first place. The owner does not need to be anywhere near the collision; as long as they authorized an unfit person to drive, their liability stands on its own.
Several situations give rise to negligent entrustment claims. An owner may be liable if they lent the vehicle to someone who was intoxicated by alcohol or drugs, was below the legal driving age, lacked a valid license, or was driving on a suspended or revoked one. The same applies when the owner knew the driver had a medical issue that made driving dangerous, such as poor eyesight, or had a recent conviction for reckless or drunk driving.
What Defenses Could a Vehicle Owner Raise in a Negligent Entrustment Claim?
Vehicle owners may raise several defenses to protect themselves against a negligent entrustment claim. For example, they may argue that they had no knowledge and no reason to suspect that the driver posed a danger. They may state that the driver did not actually cause the crash, or that your injuries stemmed from something other than the driver’s conduct. The owner may also contend that lending out the vehicle was entirely sensible given what they knew at the time.
Trust a Santa Maria Car Accident Lawyer to Prove Your Negligent Entrustment Case
Proving each piece of a negligent entrustment claim takes more than pointing at the driver who caused the crash, and that is where legal guidance becomes necessary. A Santa Maria car accident lawyer can investigate who owned the vehicle, uncover what the owner knew about the driver’s history, and assemble the evidence required to prove each element under CACI 724.
If you believe an owner’s careless decision to lend their vehicle led to your injuries, act quickly to protect your rights. Preserve any records you have and do not speak to any insurance representatives. Once you have received medical care, contact a Santa Maria car accident attorney for a free consultation.