Vehicle Accidents and Negligent Entrustment Claims

New York law restricts individuals from lending a vehicle to someone the owner knows — or should know — is an unsafe or unqualified driver. Claims arising from a violation of this rule are known as negligent entrustment claims.

These cases come up when someone lends a vehicle to a person who should not be driving it. It could be a company vehicle, or one belonging to a friend, relative, or anyone else who entrusted the vehicle to the at-fault driver.

A driver may be considered unsafe under New York law because of a history of reckless driving, past traffic violations, or a pattern of prior accidents. A driver may be considered legally unqualified because they are too young to drive, lack sufficient experience, have a physical or mental impairment that affects their ability to drive safely, or have no valid driver's license at all.

A person without a valid license is always considered legally unqualified to drive under New York law, in the same way that a person without a Commercial Driver's License (CDL) is not qualified to operate certain commercial vehicles. For example, someone who lends a vehicle to a person they know to be intoxicated can be found liable for negligent entrustment if that person then causes an accident that injures someone else.

An injured person may have a claim against the negligent or reckless driver, as well as against the person who negligently entrusted the vehicle to them.

To bring a negligent entrustment claim in New York, four legal elements generally must be established:

1. The at-fault driver was in control of the vehicle.
2. The at-fault driver was unfit or unqualified to drive.
3. The owner of the vehicle knew, or should have known, that the driver was unfit or unqualified.
4. The at-fault driver's conduct caused the accident and the resulting injuries.

If you've been injured in an accident caused by someone else's negligence, call Stern & Stern Law Firm for a free consultation. We represent people who have been hurt through no fault of their own, and we work to hold both negligent drivers and the people who put them behind the wheel accountable.

Call us at 516-634-0345 for your free consultation, or visit us online at https://www.sternandsternlawfirm.com to reach us through our contact form.