Tag Archives: Family Purpose Doctrine

Types of Legal Liability for Driving Another’s Vehicle

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Whether you loan out your vehicle to another person, or you drive a vehicle other than your own, there are several types of legal liability that might be at play. The scope of such liability differs among states, and from case to case, however, there are always laws surrounding the operation of a vehicle in one way or another.

Continue reading to learn which types of legal liability you should be aware of when it comes to operating another’s car.

Indianapolis Car Accident Attorneys 317-881-2700
Indianapolis Car Accident Attorneys 317-881-2700

Children and Family Members

It is very common for parents and guardians to allow teens to operate the family car. Common legal principles that surround loaning the family car to a child or relative include the family purpose doctrine, negligent entrustment, and vicarious liability. The set of laws that apply depend on whether or not the driver of your vehicle is your child or family member.

The Family Purpose Doctrine

If a family member drives your car, whether they were given permission or not, the family purpose doctrine might be relevant in your state. Under United States common law, this doctrine is a statute that holds the owner of a motor vehicle accountable for any damages that results to others when a family member operates their vehicle. This doctrine applies regardless if the owner gave the family member permission or not.

Negligent Entrustment

Negligent entrustment is a legal liability that might come into play when a child operates your vehicle. As a parent or guardian, also called the “entruster”, the law might deem you negligent and responsible for any damages that result to others if you permit your child to operate the family car with the knowledge that they are unlicensed, inexperienced, reckless, inadequate at driving, or unreliable.

Vicarious Liability

In the case that you were not driving your vehicle, and/or present at the time of the accident, there is a possibility that the law could deem you liable for damages in a car accident. This legal principle is mostly applied in cases in which parents or guardians lend their vehicles to their children, or have their children’s vehicles in their name. For instance, if your teenager or child causes a car accident that causes damages to others, you may be held liable for damages.

Company Vehicles and Others Outside of Family

Aside from children and family, it is a common occurrence to allow others to operate a vehicle that you own. This is such the case for employees who drive a company car, or for individuals who loan their cars to friends or co-workers. The types of liability that might apply to these situations are negligent entrustment and vicarious liability.

When you are operating a company vehicle while performing work-related duties, and an accident ensures that results in damages to others, employers are generally liable under law. In such cases, vicarious liability law would typically apply.

If you allow an employee to operate your vehicle, which is not a company vehicle, but rather, your own private vehicle, the principles of negligent entrustment might also be applied if they cause an accident that results in damages to others.

In the case that you allow another person that is not a family member to operate your vehicle, such as a friend or coworker, negligent entrustment is the type of liability that might be applied if an accident that results in damages to others occurs.

Were You Injured in a Car Accident?

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis car accident attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.  We represent injured persons throughout Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Who is Liable if an Adolescent Causes a Car Accident?

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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

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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!

Are You Responsible if Another Person Drives Your Car and Causes an Accident?

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Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

The primary dispute after a car collision is determining who was at fault, namely, who is liable for the damages and losses suffered by those involved in the accident. In most cases, the person who was reckless or negligent is the at-fault party, however, cases can be more complicated than that. Sometimes, a manufacturer defect in a vehicle, stoplight, or some other commodity can be to blame. But regardless, there is always someone, either person or entity, blameworthiness.

If it is not an entity or company of some sort, it is usually pegged on the negligent driver. But what if someone else was driving your car? Would you be responsible for any damages they inflict on another if they were to be involved in a car accident? Continue reading to learn the various scenarios of liability.

Vicarious Liability

Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

In the case that another person drives your vehicle and causes an accident, you could be held responsible for the financial damages and losses incurred to the victims involved. You could be sued for negligence even if you weren’t in the vehicle at all. To better understand this duty of care, you must understand vicarious liability.

Vicarious liability is a form of imputed negligence that results when two parties have a relationship, such as parent-child, employer-employee, teacher-student, and so forth. In such relationships, one person’s actions can actually be another person’s legal responsibility. In the case that you loan your vehicle to someone within such a relationship, you could face consequences for their actions under Vicarious Liability Law.

Kids Driving Parents Car

If you are a parent that allows your child to drive your vehicle, keep in mind that you are the perfect candidate for vicarious liability. In many states, there is a law called “Negligent Entrustment”, in which the “entrusters” (the parents) entrusts their minor to operate their vehicle knowing they are in some way incompetent (i.e. unlicensed, underage, reckless, inexperienced, etc.). There is another law called the Family Purpose Doctrine, which holds the parents liable for any damages caused to another as a result of their child driving their vehicle, regardless if they were given permission or not. However, these law vary from state to state.

Negligent entrustment law also applies to other people outside of family. If you knowingly allow another person to operate your vehicle who is incompetent or unfit in some way, you will be responsible for any accidents they cause.

Employees and Employers

Under vicarious liability law, employers are liable for any negligent driving the takes place by an employee while performing work-related duties. For instance, if a pizza delivery driver is delivering a pizza on the clock, but runs a red light and collides into a van full of people, the employer is responsible for all damages and losses sustained by the victims of the accident.

When it comes to car accidents, liability, and compensation, it is important to discuss these concerns with an experienced personal injury attorney. They can help you determine what rights you have to compensation after being negligently injured in an accident that was no fault of your own.

Indianapolis Car Accident Attorneys

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with one of our seasoned Indianapolis car accident attorneys, today. Personal injury litigators, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the full and fair compensation you deserve. Call 317-881-2700 to request an appointment to discuss your car accident injury claim in Indianapolis, Indiana.