While a car accident can disrupt the life of an injury victim and the victim’s family, the challenges are far more difficult if the at-fault driver does not have insurance. Although it is possible to obtain a car accident settlement or personal injury judgment even if the other driver has no insurance or lacks adequate insurance, there may be no source of funds to pay the car accident judgment. When the responsible party in a Mississippi car accident does not have insurance, our experienced San Francisco personal injury attorneys may conduct an asset search or other investigation to determine if the negligent driver has other property and assets against which a judgment or settlement can be collected.
One source of recovery for injuries and economic losses in a Mississippi car accident is the owner of a vehicle. In situations where the driver of the vehicle has no insurance and no substantial assets, the ability to pursue a legal claim against the vehicle owner may offer the best option to obtaining recovery. Many people do not realize that the owner of a car, truck or SUV may be liable for injuries to an auto accident victim even when the vehicle owner is not driving the vehicle. However, the owner will not necessarily be responsible for injuries caused by another driver in the owner’s vehicle. We have provided an overview of some of the legal doctrines that may be used to impose liability on the owner of a vehicle involved in a Mississippi car accident:
Allowing Another Person to Drive: When an owner permits someone else to drive his or her car, Mississippi law still deems the owner of the car to be in control of the vehicle if the owner is in the car. Even if the owner of a vehicle is not present in the car at the time of the car accident, the vehicle owner may still be liable based on a theory of “negligent entrustment”. A car owner may be responsible for making a vehicle available to a driver that the owner knows or should know is incompetent because of intoxication or inexperience.
Employer’s Vehicle: When an employee is involved in a Mississippi car accident while performing job related functions or errands for the benefit of one’s employer, the employer may be held liable for injuries caused by a negligent employee while driving. This type of liability is referred to as “vicarious liability,” which involves imposing liability on a third party for the acts of another based on the special relationship between the parties, such as an employer-employee relationship.
Family Purpose Doctrine: If a child who resides in your family home is involved in a Mississippi car accident while driving a vehicle made available for use by family members, a parent may be liable for a collision resulting from the child’s negligence.
If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, our experienced Mississippi car accident attorneys at Barrett Law represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376. Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.