Assessment of Fault to Owner of Vehicles

The owner of a vehicle is only responsible for the negligence of the driver of his/her vehicle in limited circumstances. 1. Agency An employer is responsible when the employee is acting within the scope of employment at the time of negligence. This rule is not waived because the employee owns the vehicle. An employee is not acting in the scope of employment when driving to and from work. 2. Negligent Entrustment If the owner of a vehicle knows or should know that the driver should not be driving his vehicle, the wonwer is negligent. Some examples are an inexperienced driver, an intoxicated driver, a driver who is not permitted under law to operate a vehicle etc. 3. Negligent Maintenance If an owner knew or should of known of a problem with their vehicle that causes injury to anther person they will be found negligent.

If an owner is sued under the agency theory described above, the owner may file an "indemity" claim against the "employee" to seek payment for any judgment against them.

Passengers in vehicle operated by an negligent driver may have the rights to sue limited under certain conditions. The most common example is a passenger who knows of the intoxication or limited capacity of a driver.