Negligent Entrustment and Car Accidents

Being involved in an automobile accident is a highly traumatic, deeply distressing and terrifying experience, and given that emotions are already running high, it is little wonder then that people are not totally thinking straight when it comes to what sort of arguments they want to put forward for the lawsuit.

This is why relying on the services of attorneys in Des Moines is such a vital step in the process for the recovery of compensation: not only do they have the experience in what arguments to rely on to win the case, but they will also be able to convey the information calmly and objectively.

Many people who have been the victims of an automobile accident are totally unaware that whilst they have grounds for a potential lawsuit against the driver who was responsible for causing the injury, they may also be legally entitled to bring an action against a 3rdparty as well. Specifically, if the negligent driver was not actually the owner of the vehicle, then the legal owner of that car may also be in the firing line in terms of legal liability.

This is known as the doctrine of “negligent entrustment” and refers to the situation whereby a person lends an item that they own (the lending of an item need not be deliberate, it can be accidental) and where in so doing so, a degree of harm or injury is sustained by someone as a result. Finally, the lender must have been aware that by allowing their property to be used, this created a risk of harm occurring.

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Please note, that if you are planning on bringing a lawsuit on the grounds of negligent entrustment then it is imperative that you actually take the Workers Compensation Nyc time to study in some detail, the various criteria which you will be required to prove in order to succeed on the grounds of negligent entrustment.

These are as Lawyer Fees India follows:

Entrustment

That the legal owner of the vehicle which was responsible for the accident, actually entrusted the vehicle to the person who caused the accident. It is important to appreciate that when it comes to the issue of proving this step (the process of entrustment to use the legalese), the issue at stake is not the degree of intimacy of the relationship between the entrustor and entrustee. Rather, the mere act of providing access to the vehicle is enough.

Therefore, it does not matter whether a mother allows her child to use her car any more or any less than an employer allowing an employee or a contractor actually using the vehicle.

Proving incompetence

Arguably the most defining and fundamental aspect of negligent entrustment, the entrustee must have been an incompetent driver. What exactly does this entail? A wide umbrella of different things are encompassed, such as:

Previous traffic tickets, speeding violations or convictions for careless driving

Lack of requisite paperwork to drive (such as insurance policy, license)

Knowledge of an existing alcohol/drug problem that would impair the entrustee’s judgement whilst driving.

This is just a brief overview of some of the hurdles you will need to cross in order to be successful in a lawsuit based on negligent entrustment, therefore it is advisable you consult with qualified lawyers to get the best possible case forward.

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