Understanding New York’s Vicarious Liability Rule for Car Owners

Motorists are legally responsible for the errors they make behind the wheel. When a driver causes a collision due to negligence or violations of traffic statutes, they could be liable for damages if the collision causes serious injuries. In addition, the vehicle’s owner can bear vicarious liability, even if they are not involved in the accident.

Under New Vehicle and Traffic Law 388, vehicle owners may be subject to vicarious liability whenever they allow others to operate their motor vehicles. This liability can arise in numerous circumstances and applies to both privately owned personal vehicles and commercial vehicles. For example, parents who allow their teenagers to drive a family vehicle could face liability for crashes that result. Employers may be vicariously liable for car accidents caused by employees acting within the scope of their employment, such as delivery drivers, through the legal principle of respondeat superior. 

If a vehicle owner allowed someone with a history of causing crashes or who was in a visibly impaired state to drive their vehicle, it is considered negligent entrustment and could make them financially liable for the aftermath of any collision that person causes. 

It is significant to note that New York law enforces vicarious liability even when the driver did not have the owner’s explicit consent to use the vehicle. If the owner generally allowed the driver to take the vehicle at will and left the keys where they could be easily accessed, their implied consent is enough for vicarious liability to attach.

The purpose of the vicarious liability rule is to give victims the ability to seek full compensation for their injuries, especially when those injuries are serious. In general, both the driver and the vehicle owner are fully responsible for the damages generated by a crash, which means the injured party may recover 100 percent of the damages from either defendant. 

Those involved in New York car crashes may need help evaluating different options for covering their expenses, including a lawsuit brought against a vehicle owner under New York’s unique liability statutes. A victim asserting vicarious liability can benefit from retaining a skilled New York auto accident attorney.

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, we represent victims of auto accidents throughout Long Island. Schedule a free initial consultation by calling 631-360-0400 or contacting us online.