Maryland Car Accident Attorney Blog
Vicarious liability is an important concept to understand in Maryland car accident cases. Vicarious liability means that a party can be held liable for the wrongful acts of another party, even without any wrongdoing on their part. The family purpose doctrine generally holds that a parent may be liable for the negligent actions of their child if the child is involved in a car accident while driving the parent’s car. In a recent state appellate case, the court considered the applicability of the family purpose doctrine after a car accident.
In that case, a daughter was involved in a crash while driving a car her father owned. Her father was a passenger in the car and was killed in the crash. Another vehicle struck the father’s car at an intersection. Both cars were coming towards the intersection from opposite directions. The daughter began to turn left as the light turned yellow, while at the same time the other driver was driving through the intersection as the light turned yellow. The other vehicle hit the passenger side of the father’s car, where her father was seated. The father’s widow filed a lawsuit against the driver of the other vehicle involved in the crash. As a defense, the other driver argued that he was protected under the family purpose doctrine, arguing that liability should be imputed by the daughter to the father.
Under the applicable law in the state where the accident occurred, the family purpose doctrine stated that if a parent is the owner of a motor vehicle and allows their child to drive it, the parent is liable for the negligence of the child. Accordingly, if the owner gave permission to a family member to drive the vehicle, gave control to the driver, the family member was in the vehicle, and the vehicle was engaged in a family purpose—then the defendant could be held vicariously liable if the defendant had the right to exercise authority and control and an agency relationship existed between the defendant and the family member. However, the court noted that the doctrine had never been applied as a defense to bar an owner-passenger’s claim against a third party. The court decided it could not be used defensively to impute liability for any negligence by the daughter to the father so as to reduce or bar recovery based on his death.
The Family Purpose Doctrine and Vicarious Liability in Maryland
The Court of Appeals of Maryland has said repeatedly that it does not recognize the family purpose doctrine, even in the case of a birth parent and child relationship. However, under Maryland law, the owner of a vehicle may be held vicariously liable for the negligent actions of the vehicle’s driver if the driver was acting as the owner’s agent at the time of the crash. There is a rebuttable presumption that the driver of a motor vehicle is the agent of the owner. The presumption can be rebutted if the purpose of the trip was not for the benefit of the owner of the vehicle.
Contact a Maryland Car Accident Lawyer
If you or someone you love has been injured in a car accident, contact a Maryland car accident lawyer as soon as possible. At Lebowitz & Mzhen, Personal Injury Lawyers, we have decades of experience representing victims of car accidents and other personal injury claims. We represent victims throughout Maryland, Virginia, and the Washington D.C. area. To set up a free initial consultation regarding your claim, call us toll-free at (800) 654-1949 or contact us online to discuss your legal options.