Being injured in a car accident is a frightening and overwhelming experience. In the aftermath of a crash, you may face mounting medical bills, lost wages from missed work, and a long road to recovery. On top of dealing with your physical injuries and emotional trauma, you also have to navigate the complex process of determining who is legally responsible for the accident and liable for your damages.
But what happens when the person driving the car that hit you doesn't actually own the vehicle? Can you still hold the owner accountable? The answer is not always straightforward.
In most cases, the driver is considered primarily at fault for an accident caused by their negligence or reckless behavior. However, the vehicle owner may share some responsibility, even if they weren't driving during the crash. You may file a claim against both the driver and the owner depending on the circumstances.
If you or a loved one is involved in a car crash, reach out to a skilled car accident lawyer to understand your legal options and ensure you receive the compensation you deserve.
Negligence and Liability
Most car accident cases hinge on negligence—when a person fails to exercise reasonable care and caution, resulting in harm or injury to others. To prove that a driver was negligent, you must demonstrate that they breached their duty of care, directly causing the accident and your damages.
Examples of driver negligence include:
- Speeding
- Running red lights or stop signs
- Failing to yield the right-of-way
- Texting or other distracted driving
- Driving under the influence of drugs/alcohol
- Reckless driving behaviors
- Violating traffic laws
If the person driving the vehicle during the accident engaged in negligent conduct behind the wheel, you can hold them responsible for damages, even if they don't own the car. The key factor is that they controlled the vehicle during the crash due to their negligence.
Vicarious Liability for Vehicle Owners
While the driver is usually liable for their own negligence, the vehicle owner may share some fault, even if they weren't driving, under vicarious liability laws. Vicarious liability means one party can face partial responsibility for the negligent actions of another party.
For vehicle owners, vicarious liability often comes into play in the following scenarios:
Negligent Entrustment
Negligent entrustment means the vehicle owner knowingly allowed an unfit, incompetent, or unlicensed driver to operate their vehicle. If the owner lends their car to someone they know (or should have known) would drive unsafely and cause an accident, you can hold the owner liable along with the driver.
Examples of negligent entrustment include letting someone drive your car when you know they:
- Have a revoked or suspended license
- Have a history of reckless driving or DUIs
- Are underage or otherwise not legally allowed to drive
- Are impaired by alcohol, drugs, or a medical condition
- Are inexperienced and unfit to drive your vehicle (e.g., a teen or elderly person)
In these cases, the vehicle owner has a duty to prevent foreseeable harm by not entrusting their car to someone who poses a risk to other people on the road. If an accident occurs, both the negligent driver and owner may be liable.
Employee Drivers
If the negligent driver operated the vehicle for work purposes as an employee of the owner, vicarious liability may apply. Under the doctrine of "respondeat superior," employers are generally responsible for the negligence of their employees acting within the course and scope of their job duties.
For example, if a delivery truck driver causes an accident while making deliveries, the trucking company that owns the vehicle and employs the driver can be vicariously liable for damages along with the negligent driver.
However, if the employee used the vehicle for unauthorized personal reasons outside the scope of their work, the employer may not bear liability.
Family Members
In some states, car owners can be held liable for accidents caused by immediate family members. These laws, often called family car doctrines, derive from the idea that the owner maintains the vehicle for the use and benefit of their whole family. So, liability may extend to the owner if the owner's spouse, child, or other relative borrows the car and causes a crash.
However, not all states have family car doctrines. In states without this law, such as Illinois, the owner is usually not vicariously liable for a family member's negligence unless another factor, like negligent entrustment, applies.
Owner Liability Related to the Vehicle
Another way vehicle owners can be directly liable for accidents, separate from driver negligence, is by failing to keep their car in safe operating condition. Owners are responsible for properly maintaining their vehicles to ensure they don't pose any hazards due to malfunctioning parts or disrepair. If an accident results from a problem the owner knew about but failed to fix, they can be at fault.
Some examples of owner negligence related to unsafe vehicle conditions include:
- Bald or defective tires that make the car harder to control
- Non-functioning headlights, turn signals, or brake lights
- Defective brakes that increase stopping time and distance
- Broken windshield wipers that reduce visibility in rain/snow
- Wobbly steering wheels or sticking accelerators
In most states, owners must keep their vehicles in good working order and get regular safety inspections. Failure to do so could result in liability for accidents, injuries, and damages caused by the owner's negligence in maintaining the car.
What About Insurance Coverage?
Auto insurance coverage becomes an important factor in compensation for accident victims. The good news is that car insurance generally follows the vehicle, not the driver. That means if someone else causes an accident while driving the owner's car with permission, the owner's insurance will typically cover the claim up to the policy limits—even though the owner wasn't driving.
However, this comes with a few caveats and limitations:
- Excluded Drivers: If the owner's insurance policy specifically excludes certain drivers by name, then accidents caused by those excluded individuals likely won't be covered, leaving the driver and/or owner personally liable.
- Unauthorized Use: If someone drives the owner's car without permission or steals the vehicle, the owner's insurance probably won't pay for accident damages. The driver's own insurance or the victim's uninsured motorist coverage may apply instead.
- Insufficient Coverage: If the owner has only a basic auto insurance policy or low liability limits, it may not be enough to fully compensate victims for severe accidents. In that case, the negligent driver could still be personally sued for additional damages beyond what insurance will pay.
- Non-Owner Policies: Sometimes, a negligent driver who doesn't own a car may have a non-owner liability policy. This coverage could help pay for accident damages if the owner's insurance is insufficient or the driver is uninsured.
The bottom line is that while owner's insurance usually provides primary accident coverage, you can still hold a negligent non-owner driver personally liable, especially if damages exceed insurance limits or insurance denies coverage.
Contributory and Comparative Negligence
Driver and owner liabilities are not always an either/or situation. In many accidents, multiple parties share a percentage of fault under comparative and contributory negligence laws.
Most states follow a comparative negligence rule, including Illinois.
- Comparative negligence means that two or more parties can share a portion of liability and their damage awards decrease according to their percentage of fault.
- Contributory negligence is an older legal standard that completely bars victims from collecting damages if they are found even 1% at fault for the accident. Fortunately, only a few states still use this harsher rule.
So, in some situations, liability for an accident could divide between the negligent driver, the vehicle owner, and even the victim if they had some fault, too. An experienced personal injury lawyer can determine how these negligence laws affect your case.
The Role of a Car Accident Lawyer
Navigating the aftermath of a car accident can be a daunting and stressful experience, especially when it comes to determining liability and securing fair compensation for your damages. This is where a skilled car accident attorney can make all the difference.
An experienced lawyer can protect your rights, investigate your case, deal with insurance companies, and maximize your financial recovery. Here are some of the key ways an attorney can help you:
Providing Legal Advice
A knowledgeable car accident attorney can review your case and explain your legal options in clear, easy-to-understand terms. They can advise you on the best course of action for your unique situation, whether filing an insurance claim, negotiating a settlement, or pursuing a personal injury lawsuit.
Thoroughly Investigate the Accident
To build a strong case, your attorney will conduct a comprehensive investigation into the cause of the accident and gather evidence to establish who is at fault.
This may involve:
- Obtaining and reviewing police reports and accident scene photos
- Interviewing eyewitnesses and obtaining their statements
- Consulting with accident reconstruction experts to analyze vehicle damage, skid marks, and other physical evidence
- Examining vehicle maintenance records and inspection histories
- Researching the driving history and background of all parties involved
Your lawyer will use this information to determine if the driver, vehicle owner or other parties are liable based on factors like negligent entrustment, improper vehicle maintenance, employer-employee relationships, and traffic law violations.
Communicating with the Insurance Companies
Dealing with insurance adjusters can be one of an accident claim's most frustrating and overwhelming aspects. Insurance companies often use tactics to minimize payouts and shift blame to the victim. They may pressure you to accept a lowball settlement or give a recorded statement that can be used against you.
That's why you need an attorney to handle all communication with insurers. Your lawyer can take over these conversations and advocate fiercely for your best interests. They know how to negotiate with adjusters and fight against any attempts to devalue or deny your claim.
Evaluating Your Injuries
To get the maximum compensation you deserve, your attorney will work to identify and document how the accident has impacted your life. This includes not only economic damages like medical bills, property damage, and lost income but also non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
Your lawyer may work with a variety of experts to bolster your case, such as:
- Medical professionals to assess the severity and long-term effects of your injuries
- Vocational specialists to calculate your lost earning capacity if you can't return to work
- Psychologists to evaluate your mental and emotional trauma
- Life care planners to estimate your future medical needs and costs
Armed with this compelling evidence and documentation, your attorney will demand full and fair compensation from all liable parties.
Advocating for You in Court, if Necessary
While many car accident cases can be resolved through insurance settlements, sometimes filing a personal injury lawsuit is necessary to protect your rights, especially if the insurance company refuses to offer a fair payout.
If your case goes to court, you'll want a trial-tested litigator who knows how to build a persuasive case and argue it before a judge and jury. Your attorney can handle every aspect of the litigation process, from drafting and filing the complaint to presenting evidence and examining witnesses at trial.
Having a skilled advocate in your corner can level the playing field against deep-pocketed insurance companies and their armies of corporate lawyers. Your attorney's reputation and courtroom prowess can also give you valuable leverage in settlement negotiations.
Contact Our Chicago Car Accident Lawyers Today
As you can see, vehicle owners can bear some liability for accidents caused by other drivers of their car in certain situations, especially if they negligently allow an unfit driver to drive or fail to keep their car safe and properly maintained. However, in most cases, the person operating the vehicle is still primarily responsible when they cause an accident due to their own negligent actions.
Determining fault isn't always clear-cut, and insurance matters can be complex. If an accident harmed you, consult a knowledgeable car accident attorney who can assess your case and identify all potentially liable parties and sources of compensation to help you recover.
At Abel & Annes, P.C., our Chicago personal injury lawyers have extensive experience handling complex liability cases and fighting for maximum compensation for crash victims throughout Illinois. We offer free consultations to review your case and explain your legal options.
Contact us today at (312) 924-7575 or through our online form to speak with an attorney about your accident claim.
Gary Annes
Partner
Personal Injury Lawyer With Over Twenty Years Of Experience
Gary Annes, a partner at Abels & Annes, P.C., has dedicated over two decades to practicing personal injury law, specializing in auto accidents, premises liability, wrongful death, medical malpractice, and sexual abuse. Since earning his law degree in 1995, Gary has led numerous jury trials, and adeptly resolved cases through arbitration and mediation, securing millions in compensation for his clients.
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