If a driver is negligent in the operation of the vehicle and that driver’s negligence is the cause of your personal injuries, you can bring a claim against the insurance policy that covers that vehicle and driver. But, did you know that you can also, potentially bring a separate claim against the owner of the vehicle for negligently entrusting the operation of that vehicle to the driver in question?
There are three elements to a negligent entrustment claim in Massachusetts. 1) The owner of a vehicle entrusted it to someone who was unfit/dangerous to drive it and that the person’s carelessness or lack of competence caused the claimant’s injuries; 2) That the owner gave permission to operate the car, either actual or constructive; and 3) That the owner knew or should have known of the driver’s lack of fitness/dangerousness.
The way this usually presents itself is through an unlicensed driver or an elderly driver and sometimes a driver with a dangerous driving record entrusted with a commercial vehicle (limo, taxi, delivery, etc.). If you or someone you know was injured in a car, truck or motorcycle accident, call the lawyers who focus on that area of law at Orlando & Associates, PC!
By virtue of reading this blog post you are not represented by Orlando & Associates, P.C. as an attorney/client relationship is not created without agreement of both parties. Therefore, Orlando & Associates, P.C. is not responsible for any decisions you make in furthering any legal matter in which you may be involved. Each individual person’s case or legal issue is unique and you should not rely completely upon the basic information contained within this blog post to pursue your own legal matter. Should you have any questions about the content of this blog post or any legal matter, contact an attorney from Orlando & Associates, P.C. It costs you nothing to have an initial consultation.
