Negligent entrustment refers to allowing an unfit person to drive. The act of negligent entrustment makes the motor vehicle’s owner liable for the actions of the driver.
Negligent entrustment of a motor vehicle can be defined as the entrusting of a motor vehicle to someone reckless or too inexperienced or incompetent to use it safely. Negligent entrustment occurs when a person knowingly entrusts a car to an inexperienced or unqualified person to drive a motor vehicle.
A person can be deemed unfit to safely operate a car because of his age or lack of experience, a physical or mental impairment, and a known history of habitual reckless driving.
Nevada courts have long recognized the tort of “negligent entrustment.”
Negligent entrustment is a tort law claim under which the owner of a motor vehicle can be held liable when they entrust the car to another driver, and that driver gets in an accident and causes injuries. The theory behind negligent entrustment is that the vehicle owner should be liable for negligence when they allow a third person to drive their car and that person uses the vehicle to cause injuries to another.
The concept of agency is not the same as negligent entrustment, but if the driver is doing something on behalf of the owner, then the driver may also be the owner’s agent. The owner can be liable even if the owner is not in the car and does know exactly what the driver is doing.
Proving Negligent Entrustment
To file for damages under the doctrine of Negligent Entrustment, the plaintiff must show that they were harmed because the defendant negligently permitted a driver to use the defendant’s vehicle. To establish liability, the plaintiff must prove that the driver was negligent in operating the car, that the defendant owned the vehicle driven by the driver or had possession of the car used by the driver with the owner’s permission, that the defendant knew or should have known, that the driver was incompetent or unfit to drive the vehicle, that the defendant permitted the driver to drive the car, and that the driver’s incompetence or unfitness to drive caused harm to the plaintiff.
How Insurance Works In Nevada Negligent Entrustment Of Motor Vehicles
Nevada Law requires that a liability insurance policy extend to any person operating the vehicle with the “express or implied permission of the named insured.”
Nevada has a strong public policy interest in assuring that individuals injured in motor vehicle accidents have a source of indemnification.
Nevada’s financial responsibility law reflects Nevada’s interest in providing at least minimum financial protection to accident victims.
Parents may often choose to exclude their young children to obtain a cheaper insurance premium. Nevada Courts have determined that insurance companies must reimburse for the injuries caused by the insured’s children even if they are expressly excluded as drivers in the insurance policy.
Pacific West Injury Law – We Utilize Legal Strategies To Maximize Compensation For Victims Of Motor Vehicle Accidents in Las Vegas
One doesn’t have to be in the driver’s seat to be liable for damages in a car accident.
Motor vehicles, like guns, if in the wrong hands and used improperly, may cause significant damage; Nevada has two legal doctrines aimed at holding vehicle owners liable for the harm resulting from the negligent operation of their vehicles by others. The doctrines are vicarious liability and negligent entrustment.
Understanding who may be responsible is the key to maximizing recovery for the client’s injuries in a motor vehicle accident.
Suppose a client is injured in an accident where the responsible driver is uninsured or underinsured. In that case, the knowledgeable auto accident lawyers at Pacific West Injury Law will investigate all possible methods of obtaining the full extent of the compensation for the client. When the at-fault driver is not the vehicle’s owner, we will explore the potential course-and-scope of employment and negligent entrustment theories against the driver. The expert attorneys at our Las Vegas personal injury law firm advocate for people during some of the most challenging times in their life.
Plenty of legal blogs online detailing the value of personal injury settlements. However, when it comes to what is fair, compensation is entirely dependent on the facts of a specific claim.
What is fair for someone who suffered whiplash in an accident and ended up with a few thousand dollars in medical bills and was back at work in a week is much different than what is fair for someone who suffered catastrophic injuries after being in a crash.
Negotiating a fair settlement requires experience, knowledge, and skill. A Las Vegas personal injury lawyer at our firm can collect evidence of fault, calculate the value of your claim, and handle communications with the insurance company on your behalf.
Suppose you or someone you love has been injured in a car accident in Las Vegas, Henderson, or North Las Vegas. In that case, contacting the experienced car accident attorneys at Pacific West Injury Law immediately is essential.
Our attorneys will investigate your claim, determine who should be held at fault, and ensure you get the compensation needed to return to your life following an accident.
Call us today for a free consultation.