Friday, July 15, 2016

Who Should Be Driving Your Vehicle?

    When someone you know or care about asks you if they can borrow your car, truck, or van, it might be hard to say ‘no’ to them. It might be even harder to acknowledge their shortcomings as a driver or their questionable history on the road. This is especially true when a family member asks to borrow a vehicle. They may say things like, “I’m only driving a few blocks away” or “I’ll only need it for an hour or so”. Such comments are reassuring and prompt us to have faith in someone’s ability to drive safely. However; if you are not careful or allow your vehicle to be used by the wrong person, you may open yourself up to monetary damages by reason of a claim of negligent entrustment of your motor vehicle to another. An article written by Robert and Gail Kelner in the New York Law Journal explores the actions and consequences involved in this tort.
     Negligent entrustment of a vehicle occurs when the owner or controller of a vehicle gives permission and allows another person to drive their vehicle when that other person is not qualified to do so safely. The driver who has been given permission could either have a history of bad driving, holds on their license, no license at all, or a number of tickets in order for the owner or controller of the vehicle to be charged if an accident were to occur. The owner or controller can be charged if they know or should have been aware of the driver’s previous history or lack of qualifications to operate the vehicle. This means that if the driver did cause an accident, not only can they be charged, but the person who let them use the vehicle in the first place is at fault and can be charged as well.

     For example; William and Jess have been married for ten years and live together in Chateaugay, New York. Over the past year, Jess has received 2 speeding tickets for driving over the speed limit in a school zone. Jess also likes to go out with her friends on Friday nights and will sometimes get behind the wheel after having a few drinks. Chateaugay is a small town with little traffic and she only sees five or six cars on the road on her way home. William is aware of her unlawful habits, but he loves her and when she goes out, it gives him time to watch his favorite television shows. One day, Jess’s car’s engine light turns on and so she takes it to a mechanic to be looked at. It’s a Friday and the mechanics need to thoroughly search the car for problems so it must stay at the shop over the weekend. That night, Jess asks William if she can borrow his car to go out. Without hesitation, William tosses her the keys, tells her he loves her, and turns on the TV. Two hours later, William gets a call from the police. His wife drove home from the bar while intoxicated and struck another driver, head on. Within the next few months, the couple tries to cope with what happened. Jess is charged for the accident, and William is charged with Neglectful Entrustment. It took less than a second for him to make a decision and hand her the keys even though he knew she was likely to speed and drive with alcohol in her system. They are both at fault.
     If you are aware of another person’s bad driving tendencies and let them use your vehicle, you are responsible for any accident that occurs thereafter. When asked by a loved one or friend to borrow a vehicle, is not rude to say ‘no’ if their driving needs improvement. Keep yourself and the people you care about safe from a legal action.

     The car does not necessarily have to be owned by you or bought under your name for you to get charged with negligent entrustment. If you had control over who could and could not drive the vehicle and allowed a bad driver to borrow it, you are at fault. You may be charged with negligent entrustment if the person driving your vehicle has obtained as little as two speeding tickets within the space of a year and caused an accident while using your vehicle. 

     In some cases, the leasers of cars can be charged with negligent entrustment if they lease a vehicle to someone who does not possess a valid driver’s license. These businesses have a duty of care to check their customer’s qualifications, but not necessarily their driving history. It is rare that leasers of vehicles are charged with neglectful entrustment based on the driver’s history alone.

     If you are a passenger in a vehicle driven by someone who should have been trusted with the vehicle, you will not be liable for any accident that might occur unless you were the vehicle’s owner of the vehicle.

     Lastly, never entrust your vehicle to someone without knowledge of their competency as a driver. If you are uncomfortable with another person using your vehicle, do not hand them the car keys. Do not let your children drive your vehicle if they are not qualified to do so. Even when supervised, your children should not be behind the wheel without a permit or license. Keep the roads safe and your car keys in the right hands.

     If you wish to know more about negligent entrustment, or if you or a loved one had been injured due to negligent entrustment, contact Poissant, Nichols, Grue, and Vanier at:

367 West Main Street                                                                        45 Market Street
Malone, New York 12953                                                                 Potsdam, New York 13676

Phone: (518) 483-1440
Toll Free: 1-800-924-3529

-Paul Nichols


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