Negligent entrustment occurs when a person entrusts a motor vehicle to a person they know or should have known posed an unreasonable risk of harm to others. This doctrine often applies to inexperienced drivers, drivers with known dangerous driving habits, or commercial drivers without the proper credentials. Each case is different, but an experienced North Carolina car accident attorney understands when this doctrine applies.
At Ellis Law, our highly experienced car accident lawyer is prepared to help. Schedule a meeting to discuss what happened and learn how we can help.
Understanding Negligent Entrustment Law in North Carolina
The doctrine of negligent entrustment holds the owner of a vehicle liable for choosing to entrust that vehicle to someone else. It is not a theory of imputed negligence or vicarious liability for the actions of the other driver, but an independent liability for negligently giving the keys to someone a person knew or should have known would cause injury.
1. Entrustment
The plaintiff must prove two primary elements to win a negligent entrustment claim in North Carolina. The plaintiff must first prove that the defendant entrusted the vehicle to the driver. A person entrusts another with their vehicle when they give them authorization or consent to operate and drive it.
Very few cases have analyzed what the word “entrust” means in this legal context. However, it is clear that the owner of the vehicle must consent to the motor vehicle’s use or specifically authorize it. In cases where the vehicle was taken without authorization, courts have found that negligent entrustment does not apply.
2. Knew or Should Have Known Would Cause Injury
The second key element is whether the owner of the motor vehicle knew, or should have known, that the driver was likely to cause injury. Determining whether an owner knew or should have known is based on the unique facts of the case. There must be evidence that the driver entrusted with the vehicle had deficiencies or a history indicating they were not safe behind the wheel.
Some examples of information that might fit this include, but are not limited to:
- If the driver has accumulated multiple moving violations or speeding tickets within a short time period
- The driver has a history of operating vehicles while intoxicated by drugs or alcohol
- The driver is not licensed to drive or has a suspended license
- The driver is too young to drive
- The driver is unqualified to drive a particular type of vehicle, especially a large truck
This element is determined in large part on the individual facts of the case. A qualified NC negligent entrustment attorney knows what evidence to look for and how to apply the key legal principles required to bring a successful negligent entrustment claim to your case.
Negligent Entrustment and Trucking Companies
Some of the most dangerous vehicles on the road are large trucks. Semi-trucks and tractor-trailers weigh many tons and often carry hazardous cargo. Drivers are required to have commercial driver’s licenses (CDL) to operate these large trucks. Trucking companies are supposed to perform reasonable background checks, credentialing, and interviewing to ensure the drivers they employ will be safe behind the wheel.
Truck accidents happen, even with good drivers behind the wheel. However, the risk is extremely high when a trucking company negligently entrusts a dangerous driver with a commercial truck. A thorough investigation of a truck crash could reveal that the company failed to perform background checks or other necessary investigation that may have prevented your injuries.
Let a Negligent Entrustment Attorney in North Carolina Help
After a serious motor vehicle accident, you deserve an attorney who understands every possible avenue to get you recovery. Financial compensation from a negligent entrustment claim can help repair your life.
Our team at Ellis Law is highly experienced in negligent entrustment cases. Contact us today for a free consultation of your case.
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