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Published April 28, 2006 12:33 pm - Watts & Pepicelli, PC
814-336-4000
Past President of the Crawford County Bar Association;
Member of PA Bar Association;
Association of Trial Lawyers of America
Member of Trial Lawyers of Pennsylvania


Using Caution In Lending Motorized Possessions To Others
by Alan Pepicelli Esq.


Anyone sustaining personal injury or property damage because of the negligent conduct of the operator of a motor vehicle may recover monetary compensation for provable damages resulting from such conduct. In many cases, however, the law imposes civil liability not only upon the operator of the vehicle, but also from the vehicle’s owner, as well.

I. NEGLIGENT ENTRUSTMENT

The owner of a motor vehicle who lends or entrusts his vehicle to an incompetent driver may be held personally responsible for any personal injuries or property damage caused to another person, if the owner knew or should have known that the driver was incompetent to operate the vehicle.

Example: The owner decides to lend his automobile to his friend, who the owner knows has a long history of speeding tickets and traffic citations, and has a tendency to drive fast and furious. The driver causes an accident in which the victim is seriously injured. The victim may sue the owner, as well as the driver because the owner knew, or reasonably should have known the driver’s history for recklessness, and the owner nevertheless let the reckless driver use his automobile.

Example: While at a party, the owner lets the driver, who has been drinking to excess, borrow his truck to get more ice. While enroute the driver causes an accident in which the victim is injured. The victim may sue the owner, as well as the driver, because the owner knew, or reasonably should have known that the driver was incompetent to operate a motor vehicle.

II. PERMITTING UNAUTHORIZED PERSON TO DRIVE

Under Pennsylvania law, it is illegal for any owner of a motor vehicle to permit an unlicensed driver to operate the vehicle. In the event that an unlicensed driver causes an accident, the vehicle owner will be held liable for any money damages awarded to the injured party.



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