Negligent Entrustment of a Vehicle in California

California is one of many states that are considered car-dependent. The kind of offer of lending your vehicle to another person is quite common. However, such an innocent act may result in accidents and injuries, given the circumstances. A typical question always pops up when you’re in this situation: am I liable for this, even though I wasn’t the driver? The state of California also recognizes a legal doctrine called negligent entrustment. Applying to the law, this can potentially hold the vehicle owner liable for damages due to permitting someone else to drive their vehicle. At KAASS LAW, we understand and help resolve these complex cases with our expert team. The following will aim to shed light on negligent entrustment in California, and we can offer legal services, given the opportunity.

What is Negligent Entrustment?

Negligent entrustment means that you can be liable and legally responsible if you lend your var to someone you knew or should have known potentially driving negligent and or recklessly. Usually negligence falls under the person that initiated the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.

California Code, Penal Code – PEN § 193.8

CCPC 193.8 states that:

“An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist:

(1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished.

(2) A petition was sustained, or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5.

(3) The minor does not otherwise have a lawful right to possession of the vehicle.”

What Are Some Possible Defenses to Negligent Entrustment?

Some possible defenses to negligent entrustment include:

• that the driver did not cause the car accident in the first place; or
• that the injuries sustained from the accident were not caused by the other driver.

Additionally, one can argue that the car owner was not aware that the driver (who allegedly caused the accident) was not a reasonably safe driver due to having a clean driving record and possessing a valid driver’s license.

Protecting Yourself from Negligent Entrustment Claims

While you can’t control the actions of every driver on the road, you can take steps to protect yourself from potential negligent entrustment claims:

• Verify Driver’s Licenses: Trust but verify. Always check if the person actually has a license to drive your car.
• Be Aware of Driving History: It’s understandable to place judgment on people for their past behavior. Yet, it is also arguably naive to assume the best in them.
• Never Lend Your Car to Someone Impaired: This goes without saying, but it is worth mentioning. If they have been drinking and or not sober whatsoever, don’t do it. Even if they are sober but cannot see or pay attention, don’t give them the keys.
• Consider Medical Conditions: Sometimes the driver is legally prescribed to something that requires them not to drive. Please confirm with them before giving them the keys.
• Trust Your Gut: If you got a bad feeling about it, don’t do it. Whether it may be irrational or not, don’t commit to anything you’re not comfortable of doing,
• Insurance Coverage: Make sure your insurance got you covered before taking the risk.

Why Should You Contact KAASS LAW?

If you have been injured in an accident caused by someone driving a vehicle they were negligently entrusted with, or if you are a vehicle owner facing a negligent entrustment claim, it is crucial to seek experienced legal counsel. At KAASS LAW, our skilled attorneys can:

• Investigate the Accident: Our expert team can assess, investigate, and determine who the liable, responsible parties are.
• Gather Evidence: We can collect data, documents, and statements and organize scheduled interviews with witnesses if needed.
• Negotiate with Insurance Companies: KAASS LAW’s case managers and our litigate attorneys can fight for your case tooth and nail.
• Represent You in Court: If necessary, provide strong and effective representation in court to protect your rights.
• Advise Vehicle Owners: Counsel vehicle owners on how to minimize their risk of negligent entrustment claims and defend against such claims.

The concept and doctrine of negligent entrustment show a big key in the responsibility of the vehicle owner. By understanding this legal concept and taking action towards safety, both vehicle owners and those injured by negligently entrusted vehicles can navigate the complexities of California law. Contact KAASS LAW today for a consultation to discuss your specific situation and learn how we can help. Alternatively, to know more about negligence, especially gross negligence in California, KAASS LAW can offer guidance.