New York Borrowed Vehicle Accident
If you have recently been involved in an accident where the vehicle in question was being borrowed from another driver, you may have grounds about your eligibility to file a personal injury claim. Likewise, owners of a vehicle who loaned it out to someone else may be concerned about their personal liability that could be retained after an accident. Whether it was a rear-end, sideswipe, or right turn accident, you need a lawyer immediately.
If you don’t have a lawyer, the legal issues surrounding who could be held liable in an accident may seem impossible to surmount. You might feel like the cards are stacked against you and this can become overwhelming and frustrating.
A comprehensive understanding of the relevant New York laws is required which is why the right borrowed vehicle accident lawyer in New York should walk you through the stages of your case and help prepare you for what to expect. If you do not retain a borrowed vehicle accident attorney in New York, you may be unclear about your rights and responsibilities going forward. Are you curious about whether or not an owner could be held liable if they were not driving the car when it hit you? Many people use motor vehicles across New York every day to run errands, go to work or drop children off at school. The rules of the road under the New York vehicle traffic law outlines the responsibilities that drivers have with regard to one another. Unfortunately, these laws do not help to prevent all New York car accidents caused by reckless, careless, and negligent conduct of other motorists. An experienced New York borrowed vehicle accident lawyer will have handled many cases involving violations of rules of the road or simply negligent behavior that has caused severe injuries for others. When you have been involved in a critical vehicle accident caused by other person's actions, an important consideration is who may be held liable for the injuries you have sustained. This is particularly true if you have life threatening or critical injuries such as a TBI, spinal cord paralysis, broken bones, or fractures. A common issue in New York car accidents will therefore be who owns the motor vehicle that hit you. The driver of the motor vehicle that hit and injured you might not be the true owner of the car such as a teenager who is learning how to drive and is operating the parent's car at the time. Another common example of borrowed vehicle accidents in New York has to do with when a friend borrows a car from someone else. The law in New York enables borrowed vehicle accident lawyers within the state to obtain recovery from either the driver or the owner of the motor vehicle based on the permissive use doctrine. Permissive use is clarified in New York vehicle traffic law section 388 providing that every vehicle owner that is used or operated in the state could be held liable or responsible for injuries or death to people or damage to property due to negligence in the operation of such a vehicle. This means that the owner could be held responsible for the injuries in a borrowed vehicle accident. A vehicle owner could be held liable to pay injured party caused by the negligence of the driver if the owner gave implied or express permission to use that motor vehicle. This also includes a rebuttable presumption that a non-owning driver has the owner's permission in order to operate the car. This is to ensure that motor vehicles in New York are only driven by financially responsible and competent drivers. Juries and courts are responsible for determining what is implied or expressed permission means. Having an experienced attorney on your side to assist you with the management of such a claim is extremely important regardless of how you find yourself in midst of a borrowed vehicle accident. The right attorney can have a significant impact in the outcome of your case and therefore, should be retained as early as possible.