As you work your way through the aftermath of experiencing a car accident in Pennsylvania, the issue of liability eventually arises. You may be quick to give the benefit of the doubt to the person who caused your car accident. The expenses resulting from your accident, however, may prompt you to seek a liability claim.
Should you discover (in the pursuit of that claim) that the driver who hit you was not in their own vehicle at the time (due to a poor driving history), you may question why one would entrust such a driver with their vehicle. You may also wonder whether you extend liability to that third party.A skilled Western Pennsylvania car accident attorney from Luxenberg Garbett Kelly & George P.C. can help you pursue all avenues for your claim. We can investigate the accident to determine if the owner knew about the driver’s record and work to hold that third party accountable for your accident-related costs.
Contact us today at (724) 658-8535 to learn more about how we can assist you.
What Is Negligent Entrustment in a Car Accident?
Negligent entrustment in a car accident occurs when a vehicle owner allows someone unfit to drive, due to inexperience, intoxication, or recklessness, to operate their vehicle, leading to an accident. The owner can be held legally responsible for damages caused by the driver’s negligent actions.
This situation typically arises when an owner lends their car to someone they know, or should know, is unfit to drive due to:
- Inexperience: Such as allowing a new teenage driver to operate a high-performance vehicle in dangerous conditions.
- Intoxication or Substance Abuse: Lending a car to someone with a history of DUIs or who is visibly impaired.
- A History of Recklessness: Giving keys to a person known for speeding, causing prior accidents, or having multiple traffic violations.
- Being Unlicensed: Knowingly allowing someone without a valid driver’s license to drive.
The core of the claim is not the driver’s negligence, but the owner’s independent negligence in the act of entrusting the vehicle.
Can a Rental Car Company Be Held Liable for Negligent Entrustment if a Renter Causes an Accident?
A rental car company can be held liable for negligent entrustment if it knowingly rents a vehicle to an unfit driver. Liability arises when the company has actual or constructive knowledge of the driver’s incompetence, such as a suspended license or intoxication at the time of rental.
How to Prove Negligent Entrustment of a Motor Vehicle in Pennsylvania
To recover for the negligent entrustment, you must prove the following elements:
- The owner of the car entrusted the vehicle to the person driving at the time of the accident
- The person driving was incompetent, reckless, or unlicensed
- The owner of the car knew or should have known that the driver was incompetent, reckless, or unlicensed
- The driver was negligent in how they operated the vehicle
- The driver’s negligence was the direct cause of your damages and injuries
Proving what an owner “should have known” requires investigation. Evidence could include:
- The driver living in the same household, giving the owner ample opportunity to observe their habits.
- Previous conversations where the driver mentioned their license suspension or recent accidents.
- Public records of DUIs or serious traffic offenses.
- The driver’s own admissions about their driving history.
To put it simply, if the owner of the vehicle was aware of specific instances of the driver’s recklessness or incompetence, they may be liable for negligent entrustment.
Reviewing Pennsylvania’s Negligent Entrustment Standard
The fact that the driver who caused your accident simply was not in their own vehicle at the time may not necessarily translate to negligent entrustment applying to your car accident case.
Pennsylvania state court rulings cite the fact that the state follows the standard set in the Restatement (Second) of Torts, which states that one entrusting any instrument they own to a person that the owner knows (or should know) that the person’s use of the instrument may pose a significant risk to others.
What this means is that a vehicle owner does not necessarily have to know that the driver has a poor driving history for negligent entrustment to apply. If (through the exercise of due care) that knowledge would come forth, you may still hold them liable. However, the owner must have knowingly entrusted the vehicle to the driver.
Who Pays for Damages in a Negligent Entrustment Claim?
In a negligent entrustment claim in Western Pennsylvania, financial responsibility for damages can extend to more than one party. Both the driver who caused the accident and the vehicle owner who permitted them to drive can be held accountable for compensating the injured person. This means the person who suffered harm may have two avenues for seeking recovery.
Typically, the at-fault driver’s auto insurance policy is the first source of payment for damages. However, if these funds are insufficient to cover the full extent of the injuries and losses, the vehicle owner’s insurance policy may then be pursued. The owner’s liability is based on their own carelessness in allowing an unfit or incompetent individual to operate their vehicle.
Pennsylvania law, under Section 1574 of the Motor Vehicle Code, prohibits a person from allowing an unlicensed driver to operate their vehicle, which can be a factor in these cases. The state’s approach to these claims means the owner’s personal assets could be at risk if the damages exceed their insurance coverage.
When an owner’s conduct is proven to be reckless, punitive damages might be awarded, which insurance companies often do not cover. This would result in the vehicle owner being personally responsible for that portion of the financial award.
| Element | Description |
|---|---|
| Entrustment | The vehicle owner entrusted their car to the driver involved in the accident. |
| Incompetence or Recklessness | The driver was incompetent, reckless, or unlicensed at the time. |
| Owner’s Knowledge | The owner knew or should have known of the driver’s unfitness. |
| Driver’s Negligence | The driver operated the vehicle negligently. |
| Causation | The negligent driving directly caused the victim’s injuries or damages. |
Put Over 100 Years of Combined Experience on Your Side Today
At Luxenberg Garbett Kelly & George, we care about every single one of our clients. You will never be treated like just another case number. Instead, you can expect our team to take time to get to know you, learn what happened, and explain how we can help. We strive to develop meaningful relationships with our clients so they know that we always have their backs. We proudly serve New Castle & Western Pennsylvania.
Suffering from a car accident and unsure who to hold liable? The Western Pennsylvania car accident attorneys at Luxenberg Garbett Kelly & George P.C. can help.
Call us today at (724) 658-8535 or contact us online to schedule a consultation with our experienced New Castle car accident attorney!
