Charleston auto accident attorneys can explain that the initial issue involved in an automotive accident is determining which party is legally at fault for the accident. This assessment usually consists of determining whether one or both of the drivers failed to use reasonable care while driving. The driver who was negligent is found at fault. In some cases, parties may be at fault even if they were not present at the time of the accident. This situation can arise when:

An Employee Is Driving the Vehicle

Charleston auto accident attorneys will explain that an employer can be found liable for an accident when an accident occurs while an employee is performing job duties. Employers can be found responsible for the negligent actions of their employees. For example, if an employee is speeding and hits another vehicle while driving a company vehicle while on a work errand, the employer can be held responsible for the damages caused by the employee. The employer may be responsible for accidents even if the employee was on personal business at the time of the accident, such as by taking a small detour while on a work-related errand.

When Minors Drive the Vehicle

Additionally, parents may be held liable for an accident when their child drives the family car in a negligent manner that causes an accident. Liability may lie for many different reasons. For example, the theory of negligent entrustment may apply. This legal theory places liability on a parent when he or she knows that the minor child is incompetent, inexperienced or reckless.

Another reason why a parent may be held responsible is because of the family purpose doctrine. This doctrine states that when a person buys and maintains a vehicle for the family’s use, the legal owner is liable for the negligent driving of any family member that uses the vehicle. In some states, the parent or legal guardian who signs the minor’s driver’s license agrees to become legally responsible for the negligent driving of the minor. These states hold the parent jointly liable if the minor is responsible for an accident. The parents may be civilly liable for all of the damages that were foreseeable if they give permission to their minor child who causes an accident. The same rule applies in these states whether the permission was express or implied.

Negligent Entrustment

An important concept that your Champaign auto accident lawyer will want to make sure you understand is that of negligent entrustment. This legal theory can apply if a person lends their vehicle to a driver who is incompetent, unfit or reckless and that individual recklessly, negligently or intentionally causes an automotive accident. The person who lent the vehicle can be held liable for the injuries and other damages that resulted from the accident. In order for the plaintiff to prevail in a negligent entrustment case, the plaintiff must show that the vehicle owner knew or should have known that the driver was incompetent or unfit when he or she lent that individual the vehicle.

Individuals Who May Be Incompetent or Unfit

The following types of drivers may be considered incompetent or unfit:

• Intoxicated driver – Someone who is drunk or has been drinking can be an unfit driver.
• Underage driver – A minor who is not old enough to legally drive is an unfit driver.
• Unlicensed driver – A driver who does not have a valid driver’s license is an unfit driver.
• Inexperienced driver – A driver who does not have very much experience driving may be an unfit driver.
• Elderly driver – While not all elderly drivers are inherently unsafe, some elderly drivers whose driving ability is impacted by their age or health may be an unfit driver.
• Reckless driver – If the owner knows that the driver has acted recklessly in the past, he or she probably should not lend the vehicle.

Legal Assistance

If you would like more information on establishing fault, contact a Champaign auto accident lawyer from McCarthy Rowden & Baker to schedule a confidential consultation.