Thursday, May 5, 2011
HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? Is the owner of the car that hit me responsible?
Yes, but it depends on the circumstances. A Baltimore personal injury attorney will advise you that the non-owner operator of a negligently driven vehicle is responsible for their own negligence. Now, if that vehicle were covered by insurance procured by the owner, typically there would be coverage for an accident caused by the non-owner operator, as long as he or she had the owner's permission to drive the car. Many times, perhaps most, that is the case. Baltimore personal injury attorneys sometimes face situations where it is necessary to convince the jury the owner, in addition to the driver, should be separately responsible for an accident. One such scenario, discussed in a separate chapter, is where the owner is a business, and the non-owner operator is an employee, operating the vehicle in the scope and course of their employment. If that employee is negligent, the business/owner is responsible. Some Baltimore personal injury attorneys have successfully argued that where the owner of a vehicle has reason to know that a driver would be negligent-based on that driver's past poor driving- the owner may be liable for an accident based on a theory called "negligent entrustment".