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$10 Million Tractor-Trailer Accident
$1.65 Million Car Accident
$1 Million Assault Injury
$1.25 Million Premises Liability
$4.25 Million Tractor-Trailer Collision
$31.5 Million Motorcycle Accident
$625K Premises Liability
$11 Million Police Shooting Victims
$1.35 Million Drunk Driving Accident
$11 Million Police Shooting Victims
$1.5 Million Commercial Vehicle Accident
$1 Million Truck Accident
$3.25 Million Cement Truck Accident
$31.5 Million Motorcycle Accident
Maximum Compensation Bus Accident
$4.8 Million Bicycle Accident
$1 Million Falling Object Injury
$2.4 Million Pedestrian Accident

Philadelphia Negligent Entrustment Lawyer

Negligent Entrustment of a Vehicle Accident Attorney in Philadelphia, PA Pursuing Owners Who Allowed Unsafe Drivers Throughout Southeastern Pennsylvania

When a driver causes a car crash and someone suffers an injury as a result, the at-fault party can be required to compensate the victim. According to Pennsylvania law, however, at-fault drivers are not the only individuals who can be held accountable for injuries caused by their actions.

This is because under the legal theory of negligent entrustment, a car’s owner can be sued for loaning his or her car to a negligent or reckless driver if that driver caused a car accident.

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We invite you to reach out to us today to schedule a free consultation with a member of our team. Call (215) 610-3440 or contact us online to learn more.

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Owner Liability in Negligent Entrustment Cases

In Pennsylvania, when car owners lend their vehicles to another driver, they can be held legally responsible for any ensuing accidents.

However, to be found liable, the injured party must establish specific facts, including that:

The car’s owner permitted another person to operate the vehicle;
The driver was unfit to operate the vehicle;
The car’s owner knew or should have known that the driver was not fit to drive;
The driver was negligent; and
The driver’s negligence caused an accident that resulted in injuries.

Once a plaintiff has established that a car’s owner either expressly or impliedly entrusted the vehicle to the at-fault party, he or she must demonstrate that the owner knew or should have known that the driver was unfit.

To satisfy the definition of unfit, a driver must usually:

Be intoxicated;
Unlicensed;
Underage;
Inexperienced;
Elderly;
Ill or disabled; or
Someone with a record of driving recklessly.

It can sometimes be difficult to establish that an owner knew or should have known that a driver posed an unreasonable risk of harm to others. However, courts will take into consideration the driver’s immediate appearance or conduct at the time of the interaction when determining an owner’s liability.

For instance, if a car’s owner witnessed the driver drinking, slurring his or her words or walking unsteadily, he or she would have notice that the driver posed a risk to others and could also be held liable for a victim’s damages.

The courts have consistently stated, though, that having a generalized knowledge of inexperience or previous erratic driving is not enough to impute responsibility to the car’s owner.

Similarly, mere knowledge of a child’s reckless disposition will not make a car’s owner liable for an accident caused by his or her child unless there is evidence that the parents had actual knowledge that their child was intoxicated or intended to drive erratically.

The Person Who Sees The Whole Picture Meet Michael T. van der Veen

From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.

Frequently Asked Questions About Negligent Entrustment Vehicle Accident Claims in Philadelphia, PA

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!

If car owners purchase no-fault insurance, they may be protected from liability even if they negligently entrusted their vehicle to an incompetent or underage person. This is because liability claims against a driver cannot proceed if he or she had a no-fault insurance policy. Injured parties should be sure to check what type of insurance they have prior to filing a claim.
Negligent entrustment is a legal theory that allows an injured person to hold a vehicle owner responsible when that owner allowed an unsafe or unfit driver to use their vehicle. The key issue is whether the owner knew or should have known that the driver was likely to operate the vehicle in a negligent or dangerous manner. This can arise when an owner lends their vehicle to someone who is intoxicated, unlicensed, underage, inexperienced, or otherwise unfit to drive safely. If that driver causes an accident, both the driver and the vehicle owner may be liable for injuries and damages.
Proving negligent entrustment requires evidence that the owner had actual or constructive knowledge that the driver posed a risk. Examples include witnessing the driver drinking, observing slurred speech or unsteady behavior, knowing the person’s license was suspended, or being aware of the driver’s lack of experience. Courts also consider the driver’s condition at the moment the owner handed over the keys. A generalized awareness of past mistakes or immaturity is usually not enough. Our attorneys use witness testimony, records, and investigative findings to build a strong argument that the owner should have recognized the danger.
Parents can be held liable if they entrusted a vehicle to a child they knew was unfit to drive safely. However, the law requires more than proof of reckless tendencies. There must be evidence that the parent knew the child was intoxicated, unlicensed, or planning to engage in dangerous driving. Without proof of actual knowledge, courts are reluctant to assign liability. If you suspect negligent entrustment involving a minor, an experienced attorney can help uncover evidence to show what the parent knew at the time they allowed the child to drive.

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Clients share their experiences and results firsthand

"He represented me in multiple criminal cases, and I had a lengthy criminal record. He never judged me, and treated me like anybody else, he never looked at me different. He's a real good guy, professional, very honest. When I say I never went to another attorney...he's the best." -Tiffany
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