It didn't seem to be a big deal at the time. You were at a party when your best friend asked you if he could borrow your car to run a quick errand. The only problem was that he had been drinking (you knew that but figured he was okay to drive).
He ended up having an accident in which someone got hurt, and now you've learned that you are being sued by the injured victim. How can that happen?
In some states if you lend your car to a reckless, incompetent or unfit driver, you can be held liable for damages caused by the driver if he or she gets in an accident. This is known as negligent entrustment. To win damages in this type of case the person bringing the lawsuit has to prove that you knew or should have known that the driver you lent the car to was not fit to drive at that time.
Some examples of drivers that you could be held liable for if you lend them your vehicle include:
- A drunk driver.
- An underage driver or unlicensed driver.
- An inexperienced driver (such as a driver with just a learner's permit who is allowed to drive unsupervised).
- An elderly driver who is extremely frail or has really slow reaction times.
- A driver with an illness that makes him or her unfit to drive (such as narcolepsy which can cause them to fall asleep at the wheel).
- A driver with a history of reckless driving.
If you or a loved one was injured in an accident and are considering a lawsuit against the driver and/or someone other than the driver, you should consult with an experienced car and truck accident attorney.
