South Florida Injury Lawyer Blog
A legal doctrine known as vicarious liability assigns responsibility for one person’s actions to another person in certain limited legal relationships, such as parent/child or employer/employee. For instance, if a minor child commits a crime, the parent may be liable; if an employee harms someone in the course of performing his work, the employer may be liable.
Another application of vicarious liability applies in the case of the ownership of a vehicle; when a vehicle is operated by someone other than the owner and it is involved in an accident, the owner of the vehicle can be held vicariously responsible for the accident. Naturally, this created a serious problem for car rental and leasing companies. If a customer caused an accident, the company could be sued, creating a serious financial burden on these companies.
This changed in 2005 when the U.S. Congress passed the Graves Amendment to alleviate what many perceived as an onerous burden on these companies. The Graves Amendment states, in part:
(a) In general.–An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if–
(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and
(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner). –49 U.S.C. § 30106 – U.S. Code
Does this mean that the rental company that rented to the driver who hurt you in an accident is off the hook? Not necessarily. Point (a)(2) states that the owner must not be guilty of negligence or criminal wrongdoing.
Demonstrating guilt
You need an experienced Florida personal injury attorney to thoroughly investigate the car rental company to determine if the company itself could be found at fault. Examples of negligence or criminal wrongdoing may include:
- Not maintaining the vehicle in good working order; incomplete or lack of maintenance logs demonstrating regular maintenance
- Failure of any part of the vehicle, even if the maintenance was performed (thus, negligent workmanship)
- Renting a car that had been recalled or had parts that were recalled but the recall was not addressed
- Renting to an unlicensed person; to a person visibly impaired or under the influence; to a person with a record of reckless driving which the rental company knew or should have known about
- Failure to warn/provide sufficient instructions to the renter with regard to proper operation of the vehicle
- Failure to train employees properly; failure to supervise workers sufficiently
When you have been involved in an auto accident, your first responsibility is to seek medical help. Once you have received the medical help you need and are working with medical professionals for injuries that you sustained from the accident, it is time to look into compensation for your injuries.
Do not talk to any insurance company, make any statements, or sign any agreements before you have spoken to an experienced personal injury attorney. As a Florida attorney with extensive experience with auto accident personal injury cases, I know how to navigate the various insurance companies involved, determine which party or parties are liable for your injuries, and calculate the full value of your expenses, losses, pain, and suffering so that you receive the maximum settlement or award.
Contact me from anywhere in Florida at (954) 448-7288, 24/7 for a free consultation to discuss your case. I leave no stone unturned to help my clients receive the compensation they deserve.