Whom to Sue in Automobile Cases
A person who is injured in an automobile accident may seek to
recover for his injuries against one or more parties, including
the driver or the owner of the automobile that caused the accident.
This article addresses the parties who are potentially liable
for an injured party's injuries arising from an automobile accident.
Driver
A driver of an automobile that is involved in an accident is principally
liable for his own negligence. Some courts presume in the absence
of contrary evidence that the owner of the automobile was driving
the car at the time of the accident.
Owner
An owner generally is not liable for the torts of a person who
drives the owner's automobile. However, there are exceptions to
this general rule.
Statutory liability
An owner may be liable for the torts of a driver who drives his
automobile because of a statute that provides for such liability.
In most jurisdictions, the owner will be liable for the driver's
negligence only if the owner gave his consent for the driver to
drive the automobile. Consent may usually be presumed unless the
owner proves otherwise, and it may be express or implied. The
fact that the owner consented to the driver taking the automobile
in the past may support an inference of consent with regard to
the taking of the automobile at the time the accident occurred.
Negligent entrustment
An owner who negligently entrusts his car to a driver may be liable
if the driver causes an accident. Negligent entrustment occurs
when the owner, with knowledge that the driver is not qualified
to drive, consents to allowing the driver to drive his automobile.
The driver's lack of qualification could arise if he is incompetent,
underage, or intoxicated.
Owner is a passenger
An owner may be liable for the torts of a driver if the owner
is a passenger in his own automobile that is being driven by the
driver. If the owner has the opportunity to control the driver,
he may be liable if he fails to complain to the driver regarding
any negligent driving or to take other action to prevent the driver
from driving in such a manner. The owner's liability will be for
the torts that proximately flow from his failure to act.
Agency
Liability may be imposed on an owner if his agent drives his automobile
and causes an accident. The typical agency liability situation
arises when an employee drives an employer's automobile. The owner
will only be liable, however, if the driver had the owner's permission
to drive the automobile.
Family purpose doctrine
In some jurisdictions, the "family purpose" doctrine
may impose liability on an owner who allows a family member to
drive a family car and subsequently causes an accident. Generally,
the owner will only be liable if the automobile involved in the
accident was purchased and used as the family car, if the driver
lived in the family home, and if the owner consented to the driver's
use of the family car.
Joint and Several Liability
If an injured party is involved in an accident caused by two or
more drivers, the theory of joint and several liability enables
the injured party to sue one driver or owner individually or to
join all the drivers or owners in one lawsuit.
Copyright
2005 LexisNexis, a division of Reed Elsevier Inc.
