Can You Sue the Owner of a Vehicle for Letting Someone Else Drive?
Yes, in certain circumstances, you can sue the owner of a vehicle for allowing someone else to drive, but it is not automatic. The legal theory behind this is called negligent entrustment, and it focuses on the owner’s responsibility to ensure that the person they allow to drive their car is capable and safe. Liability arises when the owner knew, or should have known, that giving the vehicle to a particular driver posed a foreseeable risk of harm to others.
What Is Negligent Entrustment?
Negligent entrustment occurs when a vehicle owner provides access to their car to a driver who is unfit, inexperienced, or likely to drive recklessly. The law recognizes that owners have a duty to prevent foreseeable harm when they entrust their vehicle to others. Typical examples include situations where the driver:
Has a suspended, revoked, or invalid driver’s license
Has a history of traffic violations, reckless driving, or prior accidents
Is intoxicated, impaired, or otherwise incapable of safely operating a vehicle
Lacks experience or training necessary to operate the vehicle responsibly
If the driver causes an accident under these circumstances, the vehicle owner may share liability because their negligence in entrusting the vehicle contributed to the incident.
When the Owner Is Not Liable
Not every accident involving a borrowed or shared vehicle gives rise to a claim against the owner. For the owner to be liable, it must be shown that they knew or should have known about the driver’s unfitness or dangerous tendencies. For example, lending your car to a responsible adult with a clean driving record who then causes an accident generally does not make the owner liable. Liability depends on the foreseeability of the risk and whether the owner acted negligently in entrusting the vehicle.
Legal Implications for Personal Injury Cases
Negligent entrustment can be a critical factor in personal injury cases, particularly when the driver has limited insurance coverage or insufficient assets to compensate the injured party fully. By holding both the driver and the vehicle owner accountable, injured individuals may have a greater chance of recovering damages for:
Medical expenses
Lost wages and reduced earning capacity
Pain and suffering
Property damage
Proving negligent entrustment often requires investigating the driver’s background, prior driving history, and any knowledge the owner had about the driver’s capabilities or risks. Evidence such as past accidents, DUIs, traffic citations, or witness statements can be critical in establishing the owner’s liability.
