If you suffer an injury because of someone else’s negligence in a car crash, you may have numerous questions about your rights to hold the other party liable. One question that may arise is, does the other driver has a history of causing severe collisions?
While you cannot use a driving record as a means to determine who is liable for damages in a civil suit, driving records can help aid in pursuing additional compensation for your losses. Below, we’ll explain how this works under Florida law and what you need to know about the Dangerous Instrumentality Doctrine.
How Does a Driving Record Impact Compensation?
Under Florida law, you may be able to file a claim for negligent entrustment. In this situation, you must show that the lender of a car knew or should have known through a driving record that the driver would use it in an unreasonably risky manner. A driving record that indicates a history of negligence may be enough to build a negligent entrustment claim.
In most situations, negligent entrustment claims are present in high-value cases. For instance, if the crash leads to a fatality, the family or estate representing the decedent may file a negligent entrustment claim to obtain compensation.
Does the Dangerous Instrumentality Doctrine Impact a Negligent Entrustment Case?
In Florida, the Dangerous Instrumentality Doctrine comes into play in many car accident claims. With these claims, an injured party can hold a vehicle owner liable for damages if the owner allowed the person at fault for a crash to use his or her vehicle. These cases have caps and only allow for a specific amount of compensation under Florida law.
For these cases, a negligent entrustment case can expand on the claim and allow damages that surpass the state-mandated caps that would limit your compensation.
While driving records won’t always play a role in obtaining compensation, they can sometimes help. It’s best to speak with our Lakeland car accident lawyers about your rights and what you need to pursue the maximum compensation to which you may be entitled.