Negligent entrustment of a motor vehicle is an act in which the car owner is deemed negligent because they entrusted the car to someone incapable or incompetent to handle it. The person accepted the car, knowing they were not qualified, and something terrible happened.
What is Negligent Entrustment of a Motor Vehicle Under California law?
Negligent entrustment of a motor vehicle is when someone entrusts a car to another person, despite knowing or having reason to know that the person is incompetent or unfit to drive. This can be proven by showing that the driver had a history of reckless driving, DUI, or other accidents. If you have been in an accident where the other driver was negligently entrusted with a car, you may be able to recover damages from the person who entrusted the car to the driver.
What is the Duty of Care in a Negligent Entrustment Case?
The duty of care in a negligent entrustment case is the legal responsibility of the person who entrusted the vehicle to the driver. This person is responsible for ensuring that the driver is competent and safe to operate the vehicle. If the entrustor fails to exercise reasonable care in selecting a driver, which results in an accident, they can be held liable for any resulting injuries or damages.
What are the Penalties for Negligent Entrustment of a Motor Vehicle?
If you entrust a motor vehicle to someone you know or should know, incompetent or inexperienced, and they cause an accident, you may be held liable. The penalties for negligent entrustment of a motor vehicle can be severe, including jail time, fines, and losing your driver’s license. If you are facing charges of negligent entrustment of a motor vehicle, it is crucial to Visit Bakersfield car accident lawyers as soon as possible to protect your rights.
What Defenses to “Negligent Entrustment Of A Motor Vehicle” in California?
Legal defenses to the negligent entrustment of a motor vehicle in California are:
The Driver Did Not Cause The Auto Accident
The driver did not cause the auto accident. The car was involved in an accident due to the owner’s negligence or the person who loaned the car to the driver. The driver is not liable for the accident.
The Driver did Not cause the Injured Person’s Injuries
If the driver did not cause the injured person’s injuries, the driver might not be held liable for those injuries. However, the vehicle owner may still be held liable under the doctrine of negligent entrustment.
For the owner to be held liable under this doctrine, they must have known or should have known that the person they entrusted the vehicle to was incompetent or would use it in a way that would cause harm.
When a person entrusts a vehicle to another driver, they trust that person to operate it safely and responsibly. If the entrusted driver ends up causing an accident, the entrusting party may be held liable under the theory of negligent entrustment.
For a negligent entrustment claim to be successful, the plaintiff must show that the defendant knew or should have known that the entrusted driver was incompetent or otherwise unfit to drive. Additionally, the plaintiff must show that the defendant acted unreasonably in entrusting the vehicle to the driver.
The defendant entrusting the vehicle to the driver was consistent with what a reasonable person would do under similar circumstances. The defendant had no way of knowing that the driver was incompetent or unfit to drive. Therefore, the defendant is not liable for any damages caused by the driver.
To prove negligent entrustment, the plaintiff must show that the car owner knew, or should have known, that the driver was unfit to drive. The plaintiff must also show that the car owner entrusted the vehicle to the driver anyway.
There are many ways that a car owner can be deemed to have known or should have known that a driver was unfit to operate a vehicle. For example, if the driver had a history of DUI convictions, this would put the car owner on notice that the driver was likely to drink and drive again. Similarly, if the driver had been involved in multiple accidents, this would also give rise to notice that the driver was unsafe.
In this case, the car owner will likely not be held liable for negligent entrustment because they did not know and had no reason to know that the driver was unfit to operate a vehicle.
If you or someone you know has been involved in a car accident caused by another driver’s negligence, it is crucial to seek the advice of Bakersfield car accident lawyers. Hire an attorney experienced in handling these cases and can help you seek the compensation you deserve.