Negligent entrustment is a legal claim asserted against the owner of a vehicle who allows another person to use his/her car or truck and that person causes an accident. Should it be determined that the driver was unfit to operate the vehicle, liability may fall on the owner.
In California, a person is deemed negligent when he or she owes a “duty of care” to others and fails to act in a reasonably careful manner. This misconduct is called a “breach of the duty of care.”
Duty Of Care
A negligent entrustment claim against a vehicle owner may arise in a variety of circumstances. These can include situations in which the driver:
- Is drunk or otherwise intoxicated
- Is underage
- Does not have a valid driver’s license
- Does not have a license to drive a particular class of vehicle
- Has a medical condition (such as vision problems) that impair driving abilities
- Has a history of reckless driving
California Vehicle Code 14606(a): A person shall not employ, hire, knowingly permit or authorize any person to drive a motor vehicle owned by him or her or under his or her control upon the highways unless that person is licensed for the appropriate class of vehicle to be driven.
California Vehicle Code 14607: No person shall cause or knowingly permit his child, ward or employee under the age of 18 years to drive a motor vehicle on the highways unless such child, ward or employee is then licensed under this code.
California Vehicle Code14608(a): A person shall not rent a motor vehicle to another person unless both of the following requirements have been met:
- The person to whom the vehicle is rented is licensed under this code or is a nonresident who is licensed under the laws of the state or country of his or her residence.
- The person renting to another person has inspected the driver’s license of the person to whom the vehicle is to be rented and compared either the signature thereon with that of the person to whom the vehicle is to be rented or the photograph thereon with the person to whom the vehicle is to be rented.
When a negligent entrustment accident happens and you are not at fault, it’s critical for you to have experienced attorneys on your side. Get hold of us today at 760-670-4554 to get the process started.
We Are Here To Help
Our team at Coast Law Group LLP will thoroughly review your case, independently investigate the accident, and, if retained, formulate a strategy to maximize your compensation. Don’t delay, please contact us today at 760-670-4554.