Negligent Entrustment and Third-Party Liability
A car accident can happen to anyone at any time. Accidents and injuries in Mississippi often occur due to negligence on the part of at least one of the parties involved in the crash.
Consider a situation where you discover that the individual responsible for your vehicle crash had a past record of driving issues. In that case, you might understandably ask why they were allowed to access an automobile in the first place. Ultimately, the person who entrusted the offending driver with a vehicle can also be held at fault for your collision.
The concept of negligent entrustment encompasses the legal principle that assigns vicarious responsibility to parties whose decisions to lend their vehicles to others results in crashes. You can question whether one can predict whether the person you loan a car to will be involved in an accident. One may not have a crystal ball, but several indicators prove a higher possibility for it to occur.
Therefore, the application of the principle of negligent entrustment to your car accident case warrants certain elements to be in place. You must be able to prove that:
- The car owner knowingly entrusted it to the motorist
- The driver was negligent, inexperienced, and/or unlicensed
- The car owner had adequate proof to understand that the motorist was incompetent, careless, and/or unlicensed
- The conduct of the driver was indeed negligent
- The negligence was the proximate cause of your crash
For instance, a parent whose unlicensed teenage driver took their vehicle without permission may not be held accountable under negligent entrustment. However, if the parent had given the teen the vehicle to use (knowing that the teen did not have a valid license), they would be held liable under this principle.
Drunk Driving Personal Injury Case: Application of the Principle of Negligent Entrustment
Victims of drunk driving often advance negligent entrustment claims. Intoxication can clearly lead to physical impairment, which supports such claims. Therefore, when someone loans or otherwise “entrusts” their car to a motorist they know to be under the influence of alcohol, the former can be held at fault for injuries or fatalities caused by the impaired motorist.
Under Mississippi law, it is recognized that a claim of negligent entrustment will arise when the individual who allegedly entrusted the car was aware that the driver had a past record of habitually careless driving, including driving when intoxicated. A negligent entrustment claim can still arise if the owner knew that the motorist had a history of driving under the influence of alcohol, even if the driver was not intoxicated when they gained control of the automobile.
Negligent Entrustment: Employer Liability
To determine whether an employee may be negligent for entrusting an automobile to an incompetent or unfit motorist, notions of negligent hiring, supervision, and training will be explored.
Courts concur that a claim of negligent hiring or retaining an employee-driver is rarely different, in essence, from a claim that an employer was careless in entrusting an automobile to the employee. Any constructive or actual awareness that an individual is incompetent or unfit to operate a vehicle underlies a claim that an employer displayed negligence in hiring or retaining that individual as a driver.
In cases of negligent entrustment employer liability, the core of the matter is whether an employer knowingly allowed an employee, deemed to be incompetent, the use of an automobile.
The Responsibility of Parents for their Children
Parents who permit their kids to operate a vehicle risk being held responsible in cases that involve vehicle accidents while the minor is behind the wheel. There are various ways in which states approach this issue. But the most common laws assess who signed the driver’s license application of the minor, family purpose doctrine, and negligent entrustment.
If your name features on the driver’s license application of a minor, you could be held at fault for vehicle crashes that involve the represented minor. The parent is the signee in most cases. Thus, if your teen is operating a car in a state that upholds this tenet, be aware that you will be held liable for vehicle crashes.
Another measure that renders parents responsible for vehicle accidents involving their child as the motorist is the “family purpose” doctrine. In Mississippi, the doctrine of family purpose is used to determine responsibility.
Parents could also be held liable for minors involved in vehicle crashes by way of negligent entrustment. If you permit your child to drive knowing that they may be overly inexperienced, it potentially puts you at risk for a negligent entrustment case. This would be particularly true if the child has a history of substance abuse, reckless driving, or destructive behavior.
Consult a Skilled Auto Accident Lawyer
For a favorable outcome in your case, it is vital to work with a diligent and competent lawyer. Various factors may be at play when you or someone you love is involved in a car crash. It would help if you determined who is responsible for paying, but this can be complex.
At Gardner Law Firm, our personal injury lawyers will thoroughly assess the accident’s circumstances and determine if the owner is at fault under these legal stipulations. For a free, confidential consultation with one of our attorneys, call today at (228) 436-6555.
