Dawn Pinnisi
April 22, 2025
Car accidents are always stressful, but determining liability can become even more complicated. At Varcadipane & Pinnisi, P.C., we understand how overwhelming it can be, especially if you are the driver or owner of a vehicle involved in a crash that is your fault. It’s crucial to know where accountability lies and how the laws in Paramus, New Jersey, come into play.
This blog will guide you through the key considerations to help you navigate your rights and responsibilities, from negligent entrustment to vicarious liability and understanding insurance coverage.
What Are the Parties Liable in a Car Crash?
Liability in a car crash often depends on various factors, including who was at fault and the circumstances of the accident. Both the driver and the vehicle owner can share responsibility.
- Driver Liability: If the crash was caused by negligence, such as running a red light, texting while driving, or speeding, the driver is typically held responsible. Negligence occurs when a driver breaches their duty of care, causing harm to others.
- Owner Liability: Vehicle owners may be held liable even if not behind the wheel. Owners could face responsibility under legal concepts like negligent entrustment (more on this below) or if the vehicle was unsafe due to poor maintenance.
Liability in car accidents can be straightforward but also involves nuances based on specific circumstances. Consulting legal professionals can clarify and protect your rights.
What About Negligent Entrustment?
Negligent entrustment refers to situations where the owner of a vehicle knowingly allows someone unfit to drive their car. This negligence can lead to shared liability for the owner if the driver causes an accident.
Examples of negligent entrustment include allowing someone to drive your vehicle when they are:
- Underage or unlicensed to drive.
- Known to engage in reckless behavior (e.g., multiple DUI convictions).
- Physically or mentally unfit due to medical conditions or substance use.
If it can be proven that the owner failed to take reasonable care before lending their vehicle to an individual who was likely to cause harm, the owner can be held liable for damages incurred in the crash.
Vicarious Liability in a Car Crash
According to Cornell Law School, vicarious liability occurs when one party is held accountable for the actions of another due to their relationship. This often arises under the “respondeat superior” doctrine, where employers may be held liable for accidents caused by employees within the scope of their job.
Examples of this include:
- A delivery driver is causing a crash while making deliveries for their employer.
- A contractor misuses a company vehicle.
The accident must occur within the employee’s work responsibilities for the employer (vehicle owner) to be liable. The employer may not be held accountable if the employee uses the vehicle for personal errands outside work hours.
How Insurance Coverage Works When the Owner Isn’t Driving?
New Jersey operates under a “no-fault” insurance system, meaning each driver’s insurance usually covers medical costs. However, determining which insurance policy is responsible for damages to property or other drivers can become tricky.
According to New Jersey Vehicle, the following factors typically determine coverage:
- Owner’s Insurance: The car owner’s insurance usually covers accidents when others drive their vehicle with permission.
- Exclusions: Some policies exclude specific individuals, like unlicensed drivers or those explicitly mentioned in the policy exclusions.
- Unauthorized Use: If someone takes the owner’s vehicle without permission (even within the family), the driver’s policy or, if unavailable, their assets may be used instead of the owner’s insurance.
- Underinsured or Uninsured Drivers: Uninsured/Underinsured Motorist (UM/UIM) coverage in New Jersey ensures victims receive compensation even if the at-fault driver lacks adequate insurance.
What Should You Do After a Crash?
Whether you are the driver or the owner of a vehicle in a crash that is your fault, knowing your responsibility early on can help avoid disputes or prolonged legal complications. Take these steps immediately:
- Document everything, including photos, contact information, and statements from witnesses.
- Exchange insurance details with all parties involved.
- Notify your insurance company promptly.
- Consult a legal professional to determine liability and understand your options.
Need Legal Assistance?
Being in an accident can feel overwhelming, especially when liability is unclear. Handling the situation responsibly is crucial if you’re at fault in a crash as a driver or vehicle owner. Contact Varcadipane & Pinnisi, P.C. at (201) 588-1500 for legal guidance. Our team is here to support you every step of the way.
Dawn M. Pinnisi
Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.
University: J.D. Brooklyn Law School
Bar Number: 33771999
Locations: New Jersey and New York.
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