Yes, but it depends
on the circumstances. A Maryland car accident attorney will advise you that the
non-owner operator of a negligently driven vehicle is responsible for their own
negligence. Now, if that vehicle were covered by insurance procured by the
owner, typically there would be coverage for an accident caused by the
non-owner operator, as long as he or she had the owner's permission to drive
the car. Many times, perhaps most, that is the case. Maryland car accident attorneys sometimes face situations where it is necessary to convince the jury
the owner, in addition to the driver, should be separately responsible for an
accident. One such scenario, discussed in a separate chapter, is where the
owner is a business, and the non-owner operator is an employee, operating the
vehicle in the scope and course of their employment. If that employee is
negligent, the business/owner is responsible. Some Maryland car accident attorneys have successfully argued that where the owner of a vehicle has reason
to know that a driver would be negligent-based on that driver's past poor
driving- the owner may be liable for an accident based on a theory called
"negligent entrustment".
Another scenario
where seasoned Maryland car accident attorneys have successfully argued that a
non-driving owner is responsible for the conduct of a non-owner driver is where
that owner is present in the car.
Maryland law provides that if the owner asks another to drive, while
still in the car, the owner has the obligation and duty to make sure the
vehicle is operated safely. If the person driving is negligent, it is assumed
the owner agreed to the conduct, and is responsible for it. Powers v. State, 11
A.2d 909 [1940]. But what about a non-owner passenger under those same
circumstances? Do they have to stop the driver from driving negligently? Are
they contributorily negligent if they do not? Experienced Maryland car accident attorneys know that a non-owner passenger is not necessarily negligent for
riding with an intoxicated driver, or failing to complain of excessive speed,
but they might be. It depends on the unique facts and circumstances of each
case.
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