Negligent Entrustment: Holding Third Parties Liable For Accidents

When the owner of a vehicle lets another person use his or her car, the car owner may be named as a defendant in an injury lawsuit if he or she knew or should have known that the driver was an incompetent or reckless driver. Illinois recognizes a legal theory called negligent entrustment, which allows injured plaintiffs to sue car owners who loan their vehicles to people who are bad drivers. Naming both the vehicle’s owner as well as the negligent driver might help a lawyer for a car accident to maximize his or her client’s potential recovery.

Negligent entrustment of a vehicle

Illinois case law indicates that the owner of a dangerous instrument such as a car cannot entrust it to a person if the owner either knows or should reasonably know that the instrument could be used in a way that could harm someone else. The rule applies to any dangerous instruments, and examples involving cars could include letting someone borrow a vehicle who has had several convictions for drunk driving, multiple tickets for reckless driving or speeding or who doesn’t have a license to drive if the vehicle’s owner knew or should have known about it.

What plaintiffs must show

In order to prove that the vehicle’s owner negligently entrusted his or her car to the codefendant, the personal injury plaintiff must be able to demonstrate that the owner:

• Gave his or her permission to the driver to take the car
• Knew or should have known that the driver was unfit or incompetent to drive
• The driver caused the accident
• The plaintiff was injured as a direct cause of the driver’s negligence

Why a lawyer for a car accident may name the owner as a codefendant

Some bad drivers are either uninsured or have insufficient coverage to pay for the losses that the accident victims have suffered. Being able to also name the vehicle’s owner as another defendant might help injured victims to recover damages in amounts that may fairly compensate them. When a lawyer for a car accident suspects that negligent entrustment might be at issue in his or her client’s case, he or she may investigate the issue further in order to determine whether the owner may be sued for negligent entrustment.

Running Red Lights is a Deadly Decision

Running a red light to save a few seconds costs roughly 750 people their lives each year. In 2011 alone, nearly 118,000 people were injured when motorists ran a red light and “T-boned” another vehicle. More than half the time, it is not the person who runs the red light who is injured or killed.

On June 5th, Jason Missak was cruising along West Pensacola Avenue in his white Jaguar when he decided to run a red light in Avondale. That decision cost Carmen Maria Vanegas her life. Missak’s vehicle struck Vanegas vehicle, and pushed it into two other vehicles. The damage caused the vehicle to erupt into flames, trapping Vanegas inside. Missak, who was drunk and speeding at the time of the accident, fled the scene and was later arrested.

When a vehicle is T-boned, it can cause serious personal injuries even if the vehicle is equipped with side-impact airbags. The impact can cause broken bones, spinal cord injuries including paralysis, organ trauma, and lacerations. Moreover, the damage to the vehicle can trap occupants inside making it impossible for them to escape secondary hazards such as fire.

In order to reduce red light accidents, the City of Chicago has installed red light cameras at various high-risk intersections within the city. These cameras have reduced T-bone accidents by 40%, and all crashes 30%. They have also reduced rear-end crashes 18%, and total injuries by 11%.

While the City of Chicago debates removing the red light cameras, the cost to lives and property would be considerable. It’s a decision that would cause accident rates, injury rates, and fatality rates to climb significantly higher. Whatever the city decides later this year, drivers should be aware that motorists who run red lights are considered to be “at fault” for causing an accident. Thus, they will continue to be liable for any personal injuries or wrongful deaths that result from their decision to run a red light.

From an economic standpoint, red light accidents cause nearly $378 million dollars in medical expenses, lost income, and funeral expenses each month. For the few seconds running a red light might save a driver, it simply isn’t worth the cost. Individuals who have been injured by a motorist who ran a red light should contact a car accident lawyer in Chicago to begin the process of seeking compensation for their injuries and other expenses that are the result of another driver’s negligent decision to run a red light.

Post-Crash Documentation Important Tool In Proving Damages

After a car accident, Chicago drivers may suffer from debilitating head and body injuries. As time passes, it becomes more difficult to remember the details of the accident. By the time the case goes to trial, the loss of details and lack of documentation place a heavy burden of proof on the victim to show the extent of their injuries.

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A post-accident journal is an effective way for victims of a car accident in Chicago to keep track of their injuries, treatment, and the effect their injury has on their quality of life. This information is essential in proving non-economic damages, and securing adequate compensation for the injury.

Starting A Journal

Accident journals are more than just a collection of writings about the crash; they are a collection of documents and information that show the progress of an injury over time. The first thing victims should do is obtain a copy of the police report and any photographs of the accident scene to be used as evidence of the accident.

Next, victims need to write their own recollection of the events, including the date, time, and conditions surrounding the accident. It is important to note weather conditions or any other extenuating circumstances that may have contributed to the accident, and not just the position of the vehicles.

With the spread of mobile technology, there is no need for the victim to keep a handwritten journal. Smartphone and tablet apps can track medical symptoms on the go, while word processing programs allow victims to write more in-depth information. The apps even provide reminders for the victim to complete their daily and weekly writing assignments.

Daily Tasks

On a daily basis, victims need to keep track of several items:

• Physical discomfort—Economic and non-economic damages in an accident are directly related to the type and extent of the victim’s injuries. Journal entries detailing daily levels of physical discomfort and pain show how the injuries affect the victim’s ability to function normally. Assign the pain level a number, usually between 1 and 10. The numbers provide a point of reference that can be used to compare pain levels across different days.
• Mental state—The mind is just as affected by an accident as the body. Victims should note instances of depression or changes in mood, as these might be signs of a serious medical condition.
• Work function—Time lost at work is a large factor in determining damages. Victims should write down as much information as they can about the tasks they were unable to complete, and the effect that had on their job and co-workers.

Once a victim starts writing on a daily basis, it is essential to continue the habit. Failure to do so might look like the victim is embellishing their discomfort.

Weekly Tasks

On a weekly basis, victims should take note of the bigger picture:

• Doctor’s visits—Every trip to the doctor should be covered in detail with the weekly tasks. The victim needs to write down any discussions that occurred with the doctor, as well as comments the doctor made about the healing process. Sessions with a physical therapist must be covered in the same way.
• Medications—During the week, victims need to detail the medications they are taking, especially for pain or mental/emotional distress. It is important to note any side effects or negative changes to the victim’s physical or mental state while on the medication, so they can share that information with their doctor. The journal should make special note of any changes to the medication regimen.
• Weekly summary—It is easy to get lost in the minutiae of day-to-day activities, but a Chicago car accident attorney needs insight into the bigger picture to make their case. A victim should include a few paragraphs once a week to detail the impact their injury has had on their ability to enjoy their normal activities and their ability to provide adequate care for their family.

The Journal At Trial

The purpose of the journal at trial is to show the non-economic impact an injury had on the victim’s life. Economic damages cover the cost of medical care and expenses, and those damages are determined by the doctor’s assessment of the injuries.

Non-economic damages provide assistance for the pain and suffering a victim experiences after a car accident in Chicago. Juries and judges can award non-economic damages for mental anguish as a result of an accident, or to compensate a victim for the loss of pleasure from daily activities. Finally, the non-economic damages pay for lost earnings the victim suffered with the loss of time at work.

A Chicago car accident attorney can help victims keep up with their post-accident journals and ensure victims have the proper documentation to prove the extent of their injures at trial.

Illinois Highway Safety Laws

Driving on highways is a fact of daily life for many Illinois residents. The laws that govern the operation of cars, trucks and motorcycles are constantly evolving, in an attempt to keep drivers safe. Illinois has several laws that are applicable to highway drivers. While it is not necessary to know each and every law, knowing the basics can help drivers avoid accidents and traffic tickets.

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Distracted Driving

Illinois has a ban on hand-held devices, such as cell phones, while driving. This means no texting, speaking on the phone or utilizing GPS devices, unless they are hands-free.

Distracted driving is a factor in over one million crashes across North America each year. When a driver takes their eyes off the road, even for a moment, it can have devastating consequences.

The Illinois State Police suggests the following, for driving distraction-free:

• Pull over in a safe location to take a phone call, answer a text or send an email.
• Adjust radios, seats and climate control before hitting the road.
• Don’t multi-task while driving.
• Park in a safe place to care for children.
• Don’t eat or drink on the road.

Child Safety

All passengers in Illinois cars are required to wear seat belts. There are also specific laws that apply to children.

• Children under one year of age and weighing less than 20 pounds must ride in a rear-facing infant car seat or convertible seat.
• Once they have grown out of a rear-facing seat, children must sit in a forward-facing seat with a harness system, until the weight limit is reached.
• A belt-positioning booster seat must be used for children ages 4-8 or until the appropriate weight and height requirements are met.

Driving Under the Influence

Drunk and drugged driving is responsible for hundreds of deaths, along with hundreds more serious injuries, in Illinois each year. Illinois has specific laws regarding driving under the influence. Operating any motor vehicle while drunk or under the influence of drugs is not permitted in Illinois. Certain prescribed medications are included in these laws. Even if a blood-alcohol level is not above the legal limit in Illinois, a driver may be cited for a DUI, based on their behavior.

• A first offense could lead to a one-year loss of driving privileges, a one year prison sentence, and a fine of up to $2,500.
• A second offense could lead to a five-year loss of driving privileges, a mandatory five day imprisonment or 240 hours of community service, possible imprisonment for up to one year and a fine of up to $2,500.
• A third offense is considered a Class 2 felony and could come with a ten-year loss of driving privileges, mandatory 18-30 month prison sentence, possible imprisonment of up to seven years and a fine of up to $25,000.

Illinois does conduct sobriety checkpoints at a rate of several hundred per year.

Driver’s Licenses

Driver’s licenses are required for anyone operating a motor vehicle on Illinois highways. The minimum age for a learner-stage license is 15, and licensed drivers must be 16 years of age. Illinois has implemented a graduated driver licensing program for first-time drivers under the age of 18. This law gives teens increasing driving privileges as they reach specific ages and complete mandatory education and practice requirements.

Speeding

Violation of speed limits is a major safety concern. Illinois has specific speed limits for highway driving, including:

70 mph on rural interstates

65 mph on urban freeways and divided roads

55 mph on divided roads

30 mph in residential areas

Special speed limits may be in place for construction, school and hospital zones. Speed limits for these areas are strictly enforced. Driving over the speed limit in Illinois can lead to traffic citations, fines, license suspension or arrest. Speed monitors, such as red-light cameras are governed by local ordinance.

Motorcycle Laws

Illinois does not have a mandatory helmet law for motorcycle riders, however, helmets are recommended. There are some specific legal requirements for motorcycle riders.

• Protective eyewear is required, unless the vehicle is equipped with a windscreen.
• A footrest and passenger seat are required for motorcyclists carrying passengers.
• At least one rear-view mirror must be installed on the vehicle.
• Headlights are required, day and night.
• The handlebar height is required to be below the shoulders.
• Motorcycle drivers must pass a separate written and road exam, based on the classification of their vehicle.
• Like cars, motorcycles must have valid license plates.

While some highway laws in Illinois are consistent across the state, some local areas have individual laws with separate court costs and surcharges attached. Violations of state traffic laws could lead to a suspended or revoked license, hefty fines and even jail time. Those who have been injured in an accident due to violation of a highway law may consult with an Illinois car accident attorney to help determine if a liability case exists.