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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