Like most people in New Mexico, you likely view most motor vehicle collisions as accidents because the person that causes a collision does not generally intend to cause a collision. However, a lack of intent does not usually equate to a lack of fault. This is especially true when the person that caused the collision has a history of reckless or incompetent driving. In such instances, you may even question whether liability might extend to those who allowed such a driver access to the vehicle. The legal principle of negligent entrustment allows for such liability. However, the mere fact the person causing the collision was driving another person’s vehicle does not necessarily mean negligent entrustment applies.
New Mexico’s Negligent Entrustment Standard
In New Mexico, negligent entrustment essentially adds an additional layer of accountability when a person lends a vehicle to someone they knew, or should have known, was likely to use the vehicle in a way that would create an unreasonable risk of harm to others. In such a situation, the person entrusting the vehicle may be held liable for damages and injuries the entrusted person caused while using the vehicle.
You can find more information on protecting your rights following a motor vehicle collision by continuing to explore our site.