There are times when owners of motor vehicles allow others to drive or otherwise use their vehicles when that other person shouldn’t legally be driving. Maybe that other person doesn’t have a driver’s license or is under the influence of alcohol, drugs or a combination of both. If that other person is in an accident and causes injuries to a third party, a cause of action for negligent entrustment of a motor vehicle arises.
If you or a loved one have suffered an injury due to negligent entrustment of a motor vehicle, contact us today for a free consultation and we will explain your rights to you.
How to Prove Negligent Entrustment of a Motor Vehicle in California
CACI 724 provides an outline of what needs to be proved in a California negligent entrustment of a motor vehicle case. The four elements of proof follow:
- The driver of the vehicle was careless and negligent in that he or she acted or failed to act as an ordinary reasonably prudent driver would have under the same or similar circumstances. This might include coming to a complete stop at a red light, yielding to a pedestrian who is in the middle of a marked crosswalk or driving at a speed that was greater than reasonable and proper given traffic or weather conditions.
- Permission was given by the vehicle owner to the negligent driver to use his or her vehicle. This element is critical. If there was no permission, there is no negligent entrustment case.
- That owner knew or should have known that the person who was allowed to drive the vehicle lacked the requisite skill, legal authority or competency to drive it. For example, the driver had their license revoked or had a history of unsafe driving.
- The driver’s incompetence or unfitness to drive was a substantial factor in causing harm to the injury victim.
Other Controlling Laws
CVC 14606 makes it illegal for an employer to permit an unlicensed or improperly licensed person to operate a motor vehicle owned by the employer. CVC 14607 makes it illegal for a person’s child, ward or employee to operate a motor vehicle without a license. CVC 14608 makes it illegal to rent a motor vehicle to a person without a valid license. An inspection of any licensed tendered for a rental is required.
Defenses to Negligent Entrustment of a Motor Vehicle in California
There are four defenses that can be asserted in a civil action for negligent entrustment of a motor vehicle in California. Those defenses follow:
- The owner lacked knowledge of the incapacity of the driver that the vehicle was entrusted to.
- That driver didn’t cause an accident.
- The claimant’s injuries weren’t the result of an accident with the entrusted driver.
- An ordinary reasonably prudent person would have entrusted the vehicle to the driver under the same or similar circumstances anyway.
Contact a California Negligent Entrustment of a Motor Vehicle Lawyer Today
If you were injured or lost a loved one in an accident that was caused by a driver who didn’t own the vehicle that he or she was driving, complicated legal issues will likely follow. In order to preserve your rights, you’ll want to speak with a California personal injury lawyer here at Maison Law as soon as possible. Contact us as soon as you can for a free consultation and case evaluation. We’ll analyze the facts and circumstances surrounding your accident and injuries and advise you on the full range of all of your legal options. The sooner that you contact us, the sooner you can begin preserving and asserting your rights.
