Texas Car Accidents and Negligence: When You Are Liable for Another Person’s Driving
As many people unfortunately can attest to, a single moment in time can alter the rest of their lives and the lives of their family, especially if that moment involved careless operation of an automobile involved in an accident.
Other than the physical injuries and destruction involved in the crash, the major issue is the determination of fault – and liability. One of the major contributing factors to liability for a car accident is negligence; however, not many of us think about being found liable and sued for negligence if we weren’t driving or in the offending vehicle at the time of the accident.
In certain situations, if two people have a particular type of relationship with each other, the misconduct of one of them can fall on the other person.
When An Employee Drives Your A Company Car
If someone working for you commits some type of act that is deemed wrongful, while they are performing the duties of their job, it may be considered “vicarious liability” or “imputed negligence” and although the second person in the relationship wasn’t even at the scene where the problem occurred, they can be held liable.
For example, if you are an employer and your employee runs a red light and hits another car while driving the company car during work hours, you will be responsible for the damages caused by your employee.
From a legal viewpoint, things can be quite complicated in situations such as this and it is strongly advised you seek the guidance and representation of a qualified, experienced Texas auto accident attorney as soon as possible.
When You Let Someone Drive Your Car
In some states, car owners are legally responsible for negligent driving by anyone using the owner’s car with the owner’s permission. These state laws don’t require that the parties have a relationship like that of employer-employee. Instead, in states with such laws, once you give someone permission to drive your car, you’re on the hook for their actions.
When Your Kids Drive the Car
Although it can be different in some states, there are several different legal theories that deal with parents being held liable for negligent driving of their child as well. An Texas car accident attorney is well-versed in all the regulations affecting “negligent entrustment,” the family purpose doctrine,” and “signing a minor’s driver’s license application.” It is always best to consult someone with the experience and knowledge of these types of side bars to negligence and liability in auto accidents.
Circumstances involving Incompetence
Negligent Entrustment translates to using poor judgment and allowing your vehicle to be left in the hands of someone who should not operate an automobile and through this act, the negligent driving causes an accident.
If it sounds complicated, it most certainly can be. A qualified, experienced personal injury attorney who specializes in auto accidents will be able to help. You will need someone who understands what qualifies a driver as incompetent, reckless or unfit and how to best handle your case, if you have entrusted your vehicle to someone intoxicated or inexperienced or elderly or too ill to drive or if you have been the victim of someone who chose to do so and the situation resulted in a car accident.
Getting Legal Help Due To An Texas Car Accident
If you have been the victim of a car accident and are considering suing someone speak to an Texas professional personal injury lawyer today for your free consultations.
0 Replies to “Texas Car Accidents and Negligence”