Who is Responsible in a Car Accident? | Car accident Attorney Javier Marcos

Who is Responsible in a Car Accident? | Car accident Attorney Javier Marcos

Who is Responsible in a Car Accident if the Driver Doesn’t Own the Car? This question is often asked by our clients. Call car accident attorney Javier Marcos for help. 713.999.4444.

For some of our readers, the question may appear invalid:

“It’s always the driver who is driving the car, irrespective of who owns the vehicle.”

However, this is not always true.

There are certain situations and cases, defined in legal jurisdictions, that makes the car owner responsible for a car accident, even, when the car owner was not driving the car or present at the accident site.

Allows us to elaborate on these cases, by exploring the possible scenarios.

Case #1: When Your Employee is Driving Your Car

Suppose, you are the owner of an online retail business, that offers its own delivery services to customers. You have employed few riders, to deliver the online ordered products to your customers. You are providing your staff with delivery vehicles, that are titled under your ownership.

One fine day, as per norm, one of your riders set out to deliver a package to a customer. The employee—your rider, runs a red light and hits a pedestrian who was crossing the road.

Who is responsible for the car accident?

As an employer, it’s you who would be liable for the damage caused by the negligence of your employee.

Why is that?

Under the theory of “imputed negligence”, any two parties that are in a legally binding professional relationship, are liable for the misconduct of another.

What if?

If the same employee, takes your vehicle without your permission, outside working days or hours, then it would be the employee who would be responsible for the car accident and not you.

Case #2: When You Allow Someone, Who is Reckless or Incompetent, to Drive Your Car

First, you have to understand, what classifies as being a reckless or incompetent driver.

According to law, a driver is reckless or incompetent, if:

  • The driver is intoxicated or is an alcoholic.
  • The driver is underage and hence does not have the license.
  • The driver was inexperience and had a learner’s permit.
  • The driver has a record of being involved in reckless driving in the past (DUI cases, DWAI cases).
  • The driver is ill.
  • The driver is handicapped.

Exploring the scenario, the reckless or incompetent driver takes your permission to drive your car, and while driving, a car accident happens. This could be your friend, who is an alcoholic or has a conviction record of reckless driving. This could be your minor child who is underage. This could be an acquaintance who was ill and borrowed your car to visit a doctor.  It is better to call a car accident attorney.

Who is responsible for the car accident?

You may be convicted for the car accident. However, the prosecution must prove that you had it in your knowledge at the time of granting the permission, that the driver was reckless or incompetent.

Why is that?

The ground of conviction would be the theory of negligent entrustment. This theory states, that any car owner who willingly permits a driver to drive the vehicle, knowing the driver is reckless or incompetent, is liable for any accident that may happen due to the negligence of the driver. The car owner is guilty of exercising negligence on their own part.

What if?

If you do not had the knowledge of the driver being reckless or incompetent, and you can prove it, the lawsuit should not be valid against you. However, this could be difficult to prove if the incompetent driver was your minor child or someone in your immediate family, who had a learner’s permit. This is why you need help from a car accident attorney like Javier Marcos.

Car Accident Attorney Javier Marcos

This wraps up our discussion. We hope, we were able to serve you with valuable information. If you feel that we did not cover a possible scenario, which may imply in your case, please click here for free case evaluation. We are open 24 hrs. Call now 713.999.4444

 

Spanish:

https://www.abogadojaviermarcos.com/abogado-accidente-de-carro-javier-marcos/

 

 

2018-08-16T17:05:41+00:00August 16th, 2018|Articles|