"Just wear your damn mask..." (jimal)
06/03/2014 at 21:01 • Filed to: Car Crime
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"Just wear your damn mask..." (jimal)
06/03/2014 at 21:01 • Filed to: Car Crime | 1
| 21 |
Guy buys car from local Hyundai dealer and gets into an accident with another vehicle soon after leaving the dealership, killing a female passenger and injuring himself and another passenger. Due to a paperwork snafu, the paperwork was not yet done and the car was still registered to the Hyundai dealer.
The family of the dead woman sues this guy, the driver of the vehicle he hit (the man pictured below was found to be at fault) the owner of the vehicle he hit (work vehicle) and the Hyundai dealer. What liability does each party have?
!!! UNKNOWN CONTENT TYPE !!!
Garrett Davis
> Just wear your damn mask...
06/03/2014 at 21:03 |
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Doesn't matter who owns the car, the guy is the one that did the deed, right?
Chuck 2(O=[][]=O)2
> Just wear your damn mask...
06/03/2014 at 21:09 |
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The guy holds the negligence, not the dealership.
D
> Garrett Davis
06/03/2014 at 21:12 |
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this is the non-lawyer's take on law. agreed though
michael bleggi
> D
06/03/2014 at 21:17 |
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but it's the "dealerships car" so it is the dealerships fault for letting a killer drive their car, technically. not necessarily the primary logical answer, but definitely hard to disprove
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Garrett Davis
> michael bleggi
06/03/2014 at 21:30 |
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But if I let a friend borrow my car and he goes and runs over a person, there's no way I'd be charged with that act. Sure, I'd be out a car, but the liability stays with the driver of the vehicle, not the owner.
It's the same reason why you can get out of red light tickets if the camera's don't capture your face. They can't prove it was you driving the car, so you can claim that it wasn't.
HideyoshiJP
> Just wear your damn mask...
06/03/2014 at 21:34 |
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Naturally the guy will be responsible for the criminal charges The dealer could be on the hook for civil liabilities much as if a friend hit someone with your car your insurance will definitely be involved Most civil liability even then would lie with the driver
*Note: weird IME responsible for punctuation looking strange
JGrabowMSt
> Garrett Davis
06/03/2014 at 21:47 |
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The liability doesn't always stay with the driver. Unless your car is outright stolen, you control the ability to allow someone to use your vehicle or not. If you had a car, and a roommate took the car and committed a crime with it and the car is linked back to you, you can be charged in connection.
If you reported the car as stolen, then the driver (and occupants) are solely liable for their actions. Ideally, the car would have to be reported as stolen before, or around the time the crime was being committed in order for it to look legitimate.
Also, you can't really get out of red light tickets by saying you weren't in the car unless you can provide proof that someone else would have had access to the vehicle at the time that you weren't driving it. The court system may be flawed, but it's not stupid.
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Garrett Davis
> JGrabowMSt
06/03/2014 at 21:56 |
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"In some jurisdictions, the law says that the camera needs to obtain a photo of the driver's face in order for the citation issued for running the red light to be valid. This is the case in California, Arizona, and Colorado "
Here in CA, my buddy got out of one a few years back because his face was behind the sun visor. True story.
As for the topic at hand, I don't think that would apply to a hit and run like this. Maybe a planned and premeditated crime, but not something like this. I could be wrong, but that just wouldn't seem reasonable.
AUTOUNION
> Garrett Davis
06/03/2014 at 21:56 |
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http://jalopnik.com/guy-loans-his-…
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Garrett Davis
> AUTOUNION
06/03/2014 at 21:58 |
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I'd say the difference is that that example was a planned and premeditated crime, and not an accident like what we're talking about here. But again, I'm really not sure.
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JGrabowMSt
> Garrett Davis
06/03/2014 at 22:14 |
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I'll ask the legal expert I know when she gets home. I'm sure she'll ramble on for a while, but eventually manage to condense it down to a sort of simple answer.
cabarne4
> AUTOUNION
06/03/2014 at 22:22 |
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I was waiting for someone to link to this...
evil2win
> Just wear your damn mask...
06/03/2014 at 23:11 |
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I would assume the dealership has a signed release of liability with odometer reading at time of sale. I can not stress enough the importance of this document when selling a vehicle.
MPA
> Just wear your damn mask...
06/03/2014 at 23:15 |
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They just sue everyone until the investigation is complete.
My sister was involved in an accident with a drunk driver - he was being chased, drunk, with a broken windshield driving a Nissan Pulsar NX. He ran the light, hitting my sister. Both cars jumped a curb, took out a hydrant, and hit a wall. Sadly a 15yo in the Pulsar died. Her parents sued all parties involved, and eventually the claims against my sister and step-dad (the owner of the car) were dropped once the investigation was done.
You can tell a Finn but you can't tell him much
> Garrett Davis
06/04/2014 at 11:38 |
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Actually, if you borrow your car to someone you can be held legally and civilly liable for what they do with the car. The case of Ryan Holle comes to mind. He borrowed his car to his roommate and then fell asleep. His roommate then drove the car to a house to break in and steal marijuana. In the process of the break in a woman was killed. Ryan Holle was convicted and is currently serving a life term with no chance of parole for murder. Because he borrowed his car to his roommate and then went to sleep.
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Garrett Davis
> You can tell a Finn but you can't tell him much
06/04/2014 at 14:53 |
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I'm just wondering if the fact that it's a premeditated crime matters, as opposed to an accident like we have here.
Buick Mackane
> Garrett Davis
09/21/2014 at 16:28 |
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If you loan your car to a friend that you know has a bad driving record, with lots of accidents and points on his license, then yes, you can be held liable. Also, if you know your friend is mentally unstable or that he intends to drive crazy with your car, you can be liable for damages. Same as lending a gun to a friend with a hot temper and intent to do harm.
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Garrett Davis
> Buick Mackane
09/21/2014 at 17:13 |
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Those are kind of extreme circumstances though, you have to admit.
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Buick Mackane
> Garrett Davis
09/21/2014 at 18:30 |
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Not at all, I know a quite a few people I would never loan my car to. I am sure everyone reading this knows a few people they would never let touch their cars.
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Garrett Davis
> Buick Mackane
09/21/2014 at 18:45 |
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True... which means it really wouldn't happen all that often, right? If you have someone you don't trust with your car, then they really aren't going to be the ones driving it.
The extreme part I meant was letting a mentally unstable person drive your car.
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Buick Mackane
> Garrett Davis
09/21/2014 at 18:57 |
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Actually, it happens every day. I am sure there are lots of parents and other people out there who are coerced into loaning their cars when they really don't want to. Or they leave the car keys out where the kid can swipe them at night and go for a joy ride. Just like the case of the stupid mother of that kid that shot all those kids at the school in Connecticut. She knew she had a mentally unstable son living with her but did not lock her guns in a gun safe. She was also killed by her son, but had she lived she would have been very liable for what her son did.