The at-fault driver is typically the one held responsible for the victim’s injuries after a car accident takes place in Illinois. However, what about the person who handed that driver the keys? If a vehicle owner lends their car to someone they know is unfit to drive, they may also be on the hook for the resulting damages. This is known as negligent entrustment.
Learning about how this legal concept works can open up an additional avenue of compensation for Chicago accident victims in cases where the driver alone may not have enough insurance to cover your losses.
What Is Negligent Entrustment?
Negligent entrustment occurs when a vehicle owner gives someone permission to drive their car despite knowing, or having reason to know, that the person poses an unreasonable risk behind the wheel. The idea is straightforward: if you hand your car to someone you know shouldn’t be driving, and that person causes an accident, you share responsibility for the harm that follows.
Per Illinois law, as discussed through Zedella v. Gibson (1995) and other cases, a negligent entrustment claim requires proving two core elements:
- The vehicle owner had the “superior right of control” over the vehicle, meaning they had the authority to grant or deny permission to drive it
- The owner knew or should have known that the driver was likely to use the vehicle in a way that created an unreasonable risk of harm to others
An experienced attorney can help you establish these elements and work toward compensation for both your economic and non-economic losses.
Common Examples of Negligent Entrustment
Negligent entrustment claims can arise in a variety of situations. Some of the most common scenarios include lending a car to someone who:
- Has a history of DUI convictions
- Does not hold a valid driver’s license
- Has a record of reckless driving and multiple traffic violations
- Is visibly impaired at the time
- Is a minor with little driving experience
Parents can face particular exposure under this theory. If a parent allows a minor child to drive knowing the child is unlicensed or otherwise unqualified, the parent may be held liable for any crash that results.
Why It’s Worth Looking Into This Option as an Accident Victim
In many car accident cases, the at-fault driver’s insurance coverage is enough to compensate the victim. However, that’s not always the case. When coverage falls short, a negligent entrustment claim against the vehicle’s owner can provide an additional source of recovery.
The owner’s own liability insurance may cover your claim in these circumstances, giving you access to a separate policy for compensation. At the least, it’s worth the time to set up a free consultation with an attorney to learn about where you stand going forward. So long as the accident wasn’t your fault, you may be due substantial money damages from the at-fault parties.
Set Up a Free Consultation With a Car Accident Lawyer at Meyers & Flowers
If you were injured in an accident caused by someone who had no business being behind the wheel, the vehicle’s owner may share legal responsibility. An Chicago car accident lawyer with Meyers & Flowers can evaluate whether a negligent entrustment claim applies to your case and help you pursue every available source of compensation on your behalf from there.
Call us today for a free consultation at (630) 576-9696 to get started with your case.