Who else can be sued for an auto accident
Aside from the driver, the owner of the vehicle can be sued for third party liability. You can use the theory of vicarious liability and negligent entrustment to prove the fault of the car owner.
If the car owner has hired the driver who caused a negligent act, resulting to your injuries; you can file a civil Personal Injury lawsuit. You will have to finish the process of litigating the car driver before you can begin pursuing the car owner.
You can assert Vicarious liability or negligent entrustment in substantiating your civil case.
Vicarious liabilityVicarious liability holds the car owner responsible over the action/behavior of his/her employee. When the car owner hires the driver and assigns him tasks over a specific span of time, the owner assumes liability over the employees' work activities. When the employee commits a negligent act that causes harm or injury to another person, the owner will likewise face legal consequences.
The employer has the liability on ensuring the employee's capability to carry out work functions. The employer also has the responsibility to have the employee abide with safety regulations and measures.
Vicarious liability is limited to the working period of the employee. If the car driver has committed the offense outside his/her work duty hours, the employer may not be held liable for the accident.
Negligent entrustmentIf the owner permitted a friend, family member, or relative to drive his/her own car, and such act resulted to catastrophic event; negligent entrustment theory can be applied.
California state law recognizes that owners who gave permission to other persons to drive his/her own car carries a liability over the results of such action.
For vicarious liability to apply there must be a clear permission from the car owner to use his/her car. Owners have the responsibility to ensure that users of his/her car have the adequate driving skills, valid driving license, and free from intoxication or signs of an impaired driving. Owners also have the liability to ensure that the borrower abides with safety measures.
Failure to fulfill such duty constitutes a negligent entrustment offense. Owners who find evidence for defective auto parts or hazardous road design can use vicarious liability and negligent entrustment theory to have liable parties pay damages accordingly.
Consult with a Personal Injury attorney in Los Angeles to learn more on applicable Auto accident law for your case.