The Importance Of An Accident’s Backstory

Regardless of the consequences, all car accidents have backstories that raise important questions. Was the person behind the wheel the only party at-fault for the crash? Why was that driver in that particular car? Why was that car at that particular intersection? The answers to these questions can help your Toledo, Ohio car accident lawyer determine where the fault may lie and how to proceed with pursuing compensation.

Negligent entrustment

Sometimes, a busy mom might give the car keys to her unlicensed teen — after all, the store is only a few blocks away and there is almost no traffic. Sometimes, a business owner will perform background checks on new employees to check their Ohio driving records. According to Ohio law, these scenarios may involve negligent entrustment of a motor vehicle.

In the case of the busy mom, the mom knowingly allowed an unlicensed driver to operate her car. If the inexperienced teen caused an accident, she would be just as culpable as if she were the one at the wheel. The business owner cannot say that he had no idea the new delivery driver had three reckless driving convictions in Indiana, and so the business owner should have known the driver was incompetent.

Respondeat superior

An employer may be responsible for a car accident, even if negligent entrustment is inapplicable, as long as the follow two elements are present:

  • Negligent conduct — Even a good driver can have an accident. If the driver is at fault because of excessive speed or inattention or any other factor, the employer may be ultimately responsible for the conduct of the employee.
  • Scope of employment — An accident that occurs while a driver is on their route or while they are going to a meeting is within the scope of employment.

Trust an Ohio law firm with a track record of success

The attorneys at Lafferty, Gallagher and Scott have won tens of millions of dollars by fighting for their clients. We are not satisfied until we have determined who is responsible for your physical and emotional damages — and held them accountable for compensation. Contact Lafferty, Gallagher and Scott to schedule your free initial consultation.

Lafferty, Gallagher and Scott
416 N. Erie St.
Toledo, OH 43604-6301

Regardless of the consequences, all car accidents have backstories that raise important questions. An experienced Toledo, Ohio car accident lawyer will diligently investigate your case to identify the responsible party. At Lafferty, Gallagher and Scott, we’re not satisfied until the responsible party is held accountable and you receive the compensation to which you are entitled.

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Thomas W. Gallagher

Licensed since 1975

Member at firm Lafferty, Gallagher & Scott, LLC

AWARDS

AV Preeminent

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Licensed since 1975

Member at firm Lafferty, Gallagher & Scott, LLC

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