When Are You Liable for an Accident in Los Angeles Without Even Being in a Car?
How many times have you been in this particular situation? Your kid, or your friend, or even an employee has to borrow your car. Maybe you are nonchalant about it, maybe you are hesitant, but whatever the circumstances, something compels you to hand off those keys. It’s a crucial moment. The second the keys exchange hands, you are no longer in control of your vehicle. There is an implicit trust and faith in that action. Unfortunately, no matter how well we know someone, and how often we have seen them drive, or operate any motor vehicle, there are no guarantees that they will operate the car as safely as you would like, or that the traffic circumstances will always be amenable to the safe operation of your vehicle. No matter what happens, at that point, it’s out of your hands and it’s no longer your responsibility, right? Unfortunately, no. In fact, if an accident occurs, it is entirely possible that you will be held liable for it even though you were nowhere near any of the vehicles involved in the accident.
In California, as in many states, there is a concept in tort law known as vicarious liability. Basically, it means that if you are the owner of a vehicle and someone else uses the vehicle which you own, then you are liable for any accident they may get into while driving the vehicle with your permission. So what particular circumstances allow vicarious liability to attach to you? If you are an employer and you tell an employee to use the car during the regular course of business or for a business purpose, if you allow someone who you know is a bad driver, unlicensed, or impaired in some way from driving according to the reasonable standards of traffic, and if the vehicle has any problems or defects but you let someone use the car anyway. Even if you are a parent letting your child use the car, you can be held liable for any accidents if you know that your child is incompetent or reckless in any way.
For all of the aforementioned reasons and more it is generally best to keep your keys to yourself. However, that cannot always happen. In circumstances where you have to relinquish control of your keys to someone else, do your best to make sure you know the person’s general driving habits and tendencies. If you are an employer, there is nothing wrong with inquiring about your employee’s driving records. After all, if any employee is driving a vehicle on behalf of you or your business, you want to make sure that any liability which attaches to you is balanced out by reliable, trustworthy drivers who you keep in your employ. Also, as a general good practice, you should make it a point to keep your car in good, working condition. Lack of knowledge with regard to your car’s defectiveness is not a very strong defense if anything happens. Finally, should you find yourself in a situation where someone who used your vehicle with your permission gets into an accident, make sure to consult with an attorney who specializes in issues of vicarious liability. There are plenty of California auto accident lawyers who specialize in personal injury and vicarious liability. Make sure you don’t settle for anyone though. Vicarious liability issues can be complex, especially in places like Los Angeles with immense traffic issues, so look for the best Los Angeles auto accident lawyer you can find.
