Liability Issues in Auto Accidents
The Alabama Injury Lawyer Blog has posted an article that discusses exactly who is at fault in causing an auto accident.
The article says that the owner of the vehicle, not just the driver, should be held responsible for an accident. Vehicle owners shouldn't lend their vehicle out to incompetent drivers, which come in many different forms, such as inexperienced, distracted or intoxicated drivers. People with bad driving records are also included.
If you or I lend our vehicle to another person, we are each subject to liability for compensatory and punitive damages if that driver causes a crash that results in personal injury to another. The key here is competency.So what do you have to look for? The factors that contribute to a cause of action for negligent and/or wanton entrustment of a vehicle are the following:(1) The entrustment of a vehicle; (2) to an incompetent driver; (3) with the knowledge that the person is incompetent to operate a motor vehicle; (4) proximate cause; and finally (5) damages caused by that person in the operation of the vehicle.
The main issue for the owner vehicle when it comes to liability for the accident would be if they knowingly loaned their vehicle to an incompetent driver. If that's the case, then personal injury attorneys will try to prove the owner is just as guilty as the driver.
