06 Nov Proving Negligent Entrustment: A Historical Injury Law Case
“Boom”. In less than a second, your life can be turned upside down because of a distracted driver. In the United States, 69 % of people 16-64 claim that they have talked on their phone in the last 30 days, also the CDC (center for control and prevention) stated that about 90 people die a day from car crashes. You could be the best driver, follow the street signs, never exceed the speed limit, but if someone else decides to disregard a stop sign, your life could change in a flash.
Elia and her 12-year-old granddaughter were victims of a distracted driver. Elia was rear-ended by a driver, but before they could exchange insurances he fled the scene. Elia, bravely, followed the reckless driver and after a few miles of chasing he pulled over. The man driving pleaded to Elia to not call the police because he was an unlicensed driver and was driving a borrowed car. Elia refused, called the police, and immediately told them the truth. After the accident, Elia was left with neck, back, and shoulder injuries and her granddaughter with face and neck injuries. Also, Elia’s car was heavily damaged and needed repairs.
With mountains of medical and repair bills, Elia filed a claim with the car owner’s insurance company. The insurance company denied her request saying that driver who hit Elia was an unlicensed driver. Therefore, the insurance company said they were not obligated to pay for her medical and repair bills. Her bills were piling up, and as a single mom, she needed every penny she made to pay for her regular bills. Elia decided it was time to find a personal injury lawyer to help her win her case. Unfortunately, every law firm Elia went to turn her down as they said the local car accident laws were not in her favor. She was losing hope; every firm would decline her case because it was too small to invest its time in. Thankfully, Elia was referred to a helpful personal injury law firm.
Her accident and injury lawyer was quoted as saying, “this was a case about righting a wrong and holding an insurance company and a bad driver accountable”. The Law firm took the case because they saw that they truly could help Elia and her family. Elia’s case went to court four times over three years because the insurance company kept on insisting they were not liable. But, her attorney was able to prove negligent entrustment on the part of the car owner. The car owner knew the defendant did not have a license and let him borrow his car anyway. Negligent entrustment held the car owner and his insurance company liable for the unlicensed driver’s actions. Elia won and was grateful to her law firm when she first saw that settlement check.
Elia’s life was turned upside down by a reckless driver, but she luckily got out of the situation. Sadly, not everyone is so fortunate, so make sure you are heavily prepared if your life changes in a heartbeat by a distracted driver.
Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 https://www.mrinjurylawny.com