Can I Be Sued for Someone Else’s Reckless Driving?

If you let someone else drive your car, whether it be your teenager, your boyfriend, or your best friend, there is a change you could be held liable in the case that their negligent or careless driving causes someone else harm. Continue below to learn more about this type of liability, and what you can do if you were injured as a result of another’s driving negligence.

Indianapolis IN Auto Accident Attorneys 317-881-2700
Indianapolis IN Auto Accident Attorneys 317-881-2700

Vicarious Liability and Car Accidents

When it comes to liability and personal injury compensation, the primary element of every case is to determine who is at fault for the car accident. In doing so, it is possible for more than one person to be responsible, such as the case of letting someone else drive your legally-owned and registered vehicle. Even if you are not in the car nor at the scene of the accident, you could be held legally responsible for all damages incurred by the car accident victims if someone wrecks your car while driving it with your permission.

The relationship between you and the driver must be a certain type, however, in order for you to be liable as the vehicle owner. Such relationships include parent and child, employer and employee, and similar types of connections. This is known as vicarious liability, which is also referred to as imputed negligence. There is another area of law that applies in the case of loaning your vehicle to someone who you know is incompetent, called negligent entrustment.

For example, let’s say you loan your car to your best friend because hers is in the shop for the week. She goes on to drive your car intoxicated and causes a serious car accident, injuring other drivers and their passengers. Because you are the car owner, and you allowed them to operate your vehicle, it could be you that winds up a defendant in court, and accused of being liable for all damages and losses of the victims.

Parents and Teens

There are few relevant laws for parents who let their teenagers drive their vehicles. Negligent entrustment is a legal theory and applied law that holds parents or guardians responsible for all damages caused by their child’s negligent driving. This is often used in cases in which teens are unlicensed or inexperienced. Then, there is the Family Purpose Doctrine, which holds you, the car owner, liable for any damages caused to other drivers if a family member drives your car. This liability applies whether you give your relative permission or not.

Employers and Staff

In the case of driving a company car, the employer is legally responsible for their employee’s driving while they are performing work-related duties. If the employee drives negligently and causes a car accident, the employer will be the one who is liable for all damages incurred by the car accident victims, including property and personal injury damages.

Negligent Entrustment

If you were to loan your vehicle to someone who you know is irresponsible, negligent, reckless, unlicensed, intoxicated, a substance abuser, too elderly, ill, or otherwise unfit to drive a car, you would be legally responsible for any damages they cause while driving your car under negligent entrustment laws. This applies to both family members and non-relatives.

Are you an Indiana car accident survivor looking to be compensated for your damages and suffering? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis car accident lawyer. We represent clients throughout the State of Indiana.

You Should Also Read:

What to Do if You are in a Company Car Accident
Facts About Vicarious Liability Lawsuits
Can I Sue Lyft or Uber for Getting into a Car Accident?

Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

Who is Liable if an Adolescent Causes a Car Accident?

Car Accident Claims for Minors 317-881-2700

Car Accident Claims for Minors 317-881-2700

In almost all automotive accident cases, the main objective of both parties is to prove who is responsible for the resulting damages. Avoiding liability and recovering compensation depends on which parties acted negligently to cause the accident, and to what degree. This means, a party involved in the accident will be proven at-fault and held liable for any economic damages and losses suffered by the injured party.

Although this is standard procedure under law, there are circumstances in which a person who was not present or driving the vehicle can be sued and held liable for a motor vehicle accident. This is referred to as “vicarious liability”, or “imputed negligence”, and it plays a major role in situations where minors cause serious car accidents that involve injury to one or more parties.

Vicarious Liability

Even if a person was not driving their vehicle, or even present at all during the accident, there is still a possibility that they could be sued for damages in a car wreck. This is mostly common among parents who lend their vehicles to their children, or have their children’s vehicles in their name. If a minor causes a car collision that results in another person’s injury or death, the parents of that minor can be held liable for all damages under vicarious liability law. There are a few separate ways in which this can occur.

Negligent Entrustment

The law may perceive a parent, also referred to as an “entruster”, as negligent if they allow their teenager to drive a vehicle in their name knowing that their child is reckless, untrustworthy, inadequate at driving, or unlicensed. If a child falls under any of these descriptions, and subsequently causes a serious accident, the guardians can be held accountable for the damages.

They can be sued for high amounts of compensation to cover automotive repair costs, hospital bills, medical expenses, lost wages, prolonged therapy, lifelong disabilities, pain and suffering, wrongful death, and much more. There is virtually no limit to which a victim can sue a negligent parent after their teenager causes them serious injury from a motor vehicle accident.

Family Purpose Doctrine

In the case that a member of the family borrows another family member’s vehicle, with or without permission, and then causes an accident, the car owner can be held liable for the damages incurred. This holds true regardless if consent was granted or not. In other states, whoever signs for a minor’s Drivers’ License is the authority that can be held accountable if a minor causes serious injury to another person while driving.

Indianapolis Car Accident Lawyers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for motor vehicle accident claims in Indianapolis, Indiana. If you or a loved one was recently injured in a car accident caused by a minor, call our licensed personal injury attorneys right away. There is a statute of limitations in Indiana that regulates the amount of time a victim has to legally pursue compensation for a serious injury. When you need strong and successful legal representation following a serious car accident, we are the trusted personal injury lawyers to trust. Schedule a free initial consultation, today!

Am I Liable for a Car Accident if Someone Else was Driving My Vehicle

It’s important to know whether or not you are covered under your automotive insurance policy if another person wrecks your car while driving. However; what about liability? Can you be sued if someone else was driving your vehicle and caused and accident that resulted in another person’s injury or death? Knowing the difference between liability and accountability in a driver-vehicle owner accident case can protect you from making a mistake down the road. Let’s take a closer look at this subject and discuss the various aspects of driver-car owner liability and the law.

Car Accident Lawyer 317-881-2700

Car Accident Lawyer 317-881-2700

Motor Vehicle Accident Liability

Sadly, there are thousands of motor vehicle accidents on the road every day. At the scenes of these car collisions, the principle intention of law enforcement and insurers is to determine who is at fault. In order to configure liability and compensation, everyone is eager to know who caused the accident and which party is ultimately responsible for the damages. In most cases, the person who acted negligently, and whose reckless driving caused them to wreck, veer, or collide with other vehicles, is the accountable and liable party. This is standard procedure and general knowledge in regards to car accidents and collisions, including pedestrian and motor vehicle accidents. If you are driving and cause an accident, it is lawful for you to be held accountable for the damages to all involved vehicles and parties.

But What If YOU Weren’t Driving Your Car?

What if you lent your vehicle to a friend or relative and THEY caused a serious accident on the road? Who is liable for the accident? You as the car owner? Or your friend that was driving?

These are a lot of questions, but that’s the reality when it comes to driver-vehicle owner liability. There are many laws and obligations drivers and car owners are unaware of, which can cost them down the road if they never ask these important questions. It is a fact that you CAN be held liable under certain circumstances in the case that someone else is driving your vehicle and wrecks it, even if you are not in the car at all and they are legally licensed to drive.

Vicarious Liability

This idea is supported under the Vicarious Liability law; a secondary liability doctrine explaining that an owner of a vehicle that has chosen to loan their vehicle to another person, who then commits negligence, is vicariously liable for the damages. This can also be referred to as principle’s liability or imputed negligence. The owner of a vehicle is the chief principle, while anyone who drives it for them is their “agent”, making them the “principle” party and responsible for all damages caused by any person driving their vehicle. Learn more about this topic in our article, “What is Vicarious Liability?

If a parent entrusts their minor to driver their vehicle, and an accident occurs, the parent or person who signed the minor’s driving application, is held responsible for the damages. The term “negligent entrustment” refers to a situation in which a parent or guardian allows their minor to drive their vehicle, even though they have full knowledge that the minor is reckless, inexperienced, or unlicensed to drive.

The Family Purpose Doctrine holds the owner of the vehicle, usually the parent or guardian, accountable for any damages caused by another driving their vehicle, with or without permission. This doctrine varies state to state, but uses the underlying principle of vicarious liability. The same principles applies to employer-employee relationships and scenarios. It is important to know where you are protected when it comes to liability and the law. When a person is held liable, an opposing party can sue them for compensation, for an accident they didn’t even cause.

Indianapolis Car Accident Lawyers

It can certainly be difficult comprehending the law and all areas of law can be confusing. This is why it is highly recommended to contact an Indianapolis Car Accident Lawyer for answers to your legal questions. A licensed personal injury lawyer is the professional that can clearly define and explain vicarious liability, motor vehicle accidents and liability, compensation for damages, and more.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed car accident lawyer in Indianapolis, Indiana. We never collect attorney fees unless we obtain compensation for you, and we also offer free initial consultations. Get started on your physical, emotional, and financial recovery today!