What if the driver of the car that hit me is not the owner of the car?

Liability for the Careless Driving of Others
Are owners of cars liable when they loan their cars to someone who then drives negligently? Are husbands liable for the careless driving of their wives? Mothers for their sons? What if the negligent driver is drunk or does not have a valid driver’s license?

Duty of Care
While most people feel morally obliged to look out for the safety and welfare of others, the law has for centuries embraced the fundamental premise that the mere knowledge of a dangerous situation, even by one who has the ability to intervene, is not sufficient to create a legal duty to act. Before a person can be held legally liable for another person’s injuries, the law looks for a reason why a duty of care may be imposed. Without a legal duty of care, no legal liability for negligence exists.
Husbands, wives, sons, and daughters may share their lives and their households, but they do not share liability for each other’s negligent driving. Even if a parent or spouse has given another family member permission to use a car, and even if the parent or spouse is the title owner of the car, and even if the car is on a policy of insurance with other family cars in the parent’s or spouse’s name, the parent or spouse has no automatic liability for the unexpected negligence of the driver. Similarly, loaning a car to a friend does not make you liable for the friend’s unexpected negligent driving. Drivers themselves are liable for their careless driving.
Car owners or family members can be held liable if they negligently loan a car to someone when they have a specific reason to know that the other person may drive carelessly. Handing the keys to your intoxicated son or making your car available to your spouse for an evening of illegal drag racing are obvious examples of negligent entrustment. If you carelessly ignore any facts which clearly tell you that a friend or family member is not in the proper physical condition to drive or has specific intentions to drive dangerously, you can be held liable.
In addition, serving alcohol to minors is a crime and is a sure route to exposing yourself to liability to others. Anyone who knowingly serves alcohol to a driver under the age of 21 is liable to persons injured by the minor’s negligence while driving under the influence of alcohol.
While parents are not held directly responsible for their child’s negligent driving, parents do have some financial responsibility to contribute toward a damages award against their child. If damages are awarded to the injured claimant in a suit against a minor child, the minor’s custodial parent or parents are responsible for paying a maximum of $1,000 per injured person or $2,500 per incident. Any damages awarded against a minor over these amounts cannot be collected against the child’s parents.

If you would like more information, feel free to contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
http://www.mayerson.com/
610-949-4800

serving Pottstown, Spring City, Douglassville, Royersford, Limerick, Gilberstville, Berks County, Chester County, Montgomery County