Many families in the Philadelphia area are finding it hard these days to afford one car, much less multiple vehicles. If you’re a one-car family, you should know that there are important legal ramifications to sharing the vehicle with others. In this post, I will highlight some of the most important legal aspects of negligent entrustment.
Legal Definition
Negligent entrustment is defined as:
The entrusting of a dangerous article (as a motor vehicle) to one who is reckless or too inexperienced or incompetent to use it safely. (Source: www.findlaw.com)
Inexperienced Drivers
Here’s the scenario: You lend your car to your 16-year-old son. He just got his license yesterday and has never driven unaccompanied on the highway. He promises to be careful, but can’t resist hopping on I-76 to see how fast he can go. While driving, the cars in front of him stop unexpectedly and he rear-ends the station wagon in front of him.
If a parent lends the family car to a minor child knowing the child is incompetent, reckless, or inexperienced, the parent may be liable for damage caused by the child’s driving. In the scenario above, your insurance may cover the cost of the accident, but your premiums will most likely rise and you are vulnerable to a personal injury claim thanks to negligent entrustment. The advice here is to make sure the new drivers in your family understand their limits. Yes, driving can be fun, but it is a responsibility first and foremost. Make sure they understand the rules and the consequences of not following them before lending them your vehicle.
Unfit Drivers
Here’s the scenario: You and your girlfriend are leaving a holiday party. You both have had drinks, but she promises she’s okay to drive. On the way home, she makes an ill-judged left turn and sideswipes a Volvo.
Allowing your car to be driven by someone who is drunk, or likely to become so, may be negligent entrustment. In the scenario above, you may be vulnerable to a personal injury insurance claim even though you weren’t driving at the time of the accident. The advice here is to prioritize safety. Even though your significant other may disagree, it’s best in this scenario to leave the car and catch a cab.
A Record of Previous Recklessness
Here’s the scenario: A co-worker asks to borrow your car to run a quick errand during his lunch break. You agree, even though you know he was the at-fault party in a car accident last month. While he’s driving, he gets distracted by his cell phone and rear-ends the Acura ahead of him.
You could be liable for negligent entrustment if you lend your car to someone who you know has a history of reckless driving. The advice here is to make a stand. Sure, you want to be a nice, helpful person, but your financial situation should come first.
Other Scenarios
In future posts, I’ll cover other scenarios where Pennsylvania’s negligent entrustment laws may come into play. For now, it’s important for you to know that my office is always willing to listen if you’ve been in a car accident through no fault of your own and you suspect negligence from the at-fault party. We’ll get to the bottom of the situation and make sure you recover all the losses you incur. Call (267) 627-4JOE (267-627-4563) or visit www.joemitchellattorney.com to set up an appointment.
