Guest Passengers and Entrustment To Others
Whether friends or family members, guest passengers are common occurrences when driving a vehicle. A driver has a duty to avoid placing the occupants of his vehicle in a dangerous predicament. This duty is enhanced when the guest passenger is young or when the situation increases the odds of escaping a perilous event. Thus, it goes without saying that in most instances a driver’s negligence is not imputed to a guest passenger because in most instances a guest passenger is not in a position of influencing the driver’s behavior and thus incapable of control over the driver. Indeed, a guest passenger typically has no duty to supervise the driver. One exception is a guest passenger allowing an unlicensed driver to drive. Moreover, a guest passenger assumes the risk if knowingly and voluntarily rides with a driver known by the guest passenger to be impaired and/or intoxicated.
Likewise, owners of vehicles are ordinarily not responsible for damages that occur while another person is operating the vehicle. In other words, ownership of the vehicle does not create liability. There are, however, exception to this general rule. For example, if the owner knew or should have known the borrower was physically or mentally incompetent to drive then the owner can be held responsible for allowing the borrower to drive. Other exceptions include when a driver other than the owner is on a mission for the owner or is an agent or employee of the owner.
Cle’ Simon
For more than 75 years the Simon family has carried on a family tradition of restoring lives in local communities and throughout the stat of Louisiana. At Simon Law Offices, I have proudly embraced this tradition and strive every day to continue the legacy. Simon Law Offices are Cajun Strong and restoring lives throughout Louisiana, one client at a time.
