Car owners in Washington owe a duty of care to others on the road. Not only does this duty of care apply to the car owner when they are driving and sharing the road with others, compelling them to follow traffic laws and take all reasonable measures to avoid causing an accident, but their responsibility also extends to using sound judgment when loaning a car to someone else, including friends, relatives, and teenage children. Please contact an experienced car accident lawyer in Arlington for legal guidance.
Can a car owner be held legally liable for car accident damages when someone driving their car causes an accident?
What Is Negligent Entrustment In Washington Car Accident Claims?
Washington is a fault-based car accident state that allows injury victims to recover damages such as medical expenses, lost wages, and compensation for their pain and suffering by filing a claim against the at-fault party. Typically, this is a negligent driver, but sometimes other entities cause or contribute to an accident. Washington courts have addressed a car owner’s liability for lending a car or allowing a teenage child to drive a parent’s car under the doctrine of Negligent entrustment. Negligent entrustment occurs when a car owner knowingly allows another individual to borrow their car while aware that the other driver has a history of any of the following:
- Multiple traffic citations for speeding, reckless driving, or other negligent driving behaviors
- A history of car accidents
- A history of DUI arrests
- A history of addiction
- A history of negligent teen driving behaviors, such as failing to wear a seatbelt, inexperienced driving, distracted driving, or drinking and driving
To hold a car owner liable requires compelling evidence that the owner was aware that the other party had a history of engaging in risky, negligent, or reckless driving and knowingly lent them their vehicle or allowed them to drive it.
Negligent Entrustment and Washington’s Pure Comparative Negligence System
Washington RCW 4.22.070 addresses liability in car accident claims by holding anyone who causes or contributes to the cause or severity of an accident legally liable for damages. The law states the following:
“In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant’s damages …”
When a car owner knowingly lends their car to a dangerous driver, they have contributed to the cause of the accident and may be held liable or jointly liable for the damages.
What Damages Can I Recover In a Washington Car Accident Claim for Negligent Entrustment?
Car accident injuries are costly as well as painful, and potentially debilitating. An accident victim recovers the maximum compensation available to them by filing claims against anyone who contributed to the accident, including a car owner who negligently allowed a risky driver to use their car. Common recoverable damages include the following:
- Past and future medical expenses
- Past and future income loss
- Out-of-pocket costs
- Compensation for pain and suffering
- Compensation for any catastrophic injury damages, like disability, chronic pain, loss of limb, permanent scarring, the loss of one of the senses, or diminished quality of life
If a car accident causes fatal injury, a family member can recover compensation through a wrongful death claim holding a car owner liable through the negligent entrustment doctrine in Washington.
How Can a Car Accident Attorney Help?
A successful car accident claim requires compelling evidence proving liability, including in cases of negligent entrustment liability. Call Wells Trumbull to speak to an injury attorney in Arlington about your right to compensation and assertive legal representation. Contact Wells Trumbull today.