Who May Be Held Liable for a Car Accident in Ohio?

Car accidents are a common occurrence, but each accident is vastly different from the other. Some motor vehicle accidents are minor, and all parties have minimal damage; other car accidents are catastrophic with serious injuries and property damage. On average, the Ohio State Highway Patrol investigates approximately 55, 108 car accidents each year. This average does not include car accidents investigated by other law enforcement offices or car accidents that are not reported. Though motor vehicle accidents are common, it is not always clear what party is at fault or who may be liable for damages following the accident. It may seem obvious that the driver is liable for damages or injuries caused in an accident, but that is not always the case. In some situations, the owner of a vehicle (who may or may not be present at the scene) may also be liable for damages under a theory of wrongful entrustment, commonly referred to as negligent entrustment.

Ohio has recognized that a vehicle owner has a responsibility to exercise ordinary care when giving another individual permission to operate their vehicle. Section 4511.203 of the Ohio Revised Code codifies the doctrine of wrongful entrustment of a motor vehicle. Under wrongful entrustment, an owner of a vehicle may be liable if they permit a reckless, inexperienced, or unlicensed driver to operate the vehicle.

What Is Wrongful Entrustment?

In simplified terms, wrongful entrustment allows a third party to collect against a vehicle owner for damages related to an injury when a vehicle owner allows an individual to operate their vehicle and the owner knows or should know that the individual is reckless, incompetent, or unqualified.

Can a Vehicle Owner be Held Liable for a Car Accident?

Yes, a vehicle owner may be held liable for damages following a car accident. Under the Doctrine of Negligent Entrustment, also known as wrongful entrustment under the Ohio Revised Code, a vehicle owner may be liable if they knowingly allow an unlicensed, reckless, or inexperienced driver to operate the owner’s vehicle and the driver is involved in a car accident, subsequently injuring a third party.

A vehicle owner may be liable for damages if they permit an individual to operate their vehicle and the individual’s conduct was criminal but not intentionally harmful. For example, if an individual is speeding, this may violate traffic laws, but the individual may not mean to harm anyone by speeding; they may just be in a hurry. Conduct does not have to be criminal for a vehicle owner to be liable under negligent entrustment; merely reckless conduct from an individual operating the vehicle owner’s car may open the vehicle owner up to liability for negligent entrustment.

Establishing liability under wrongful entrustment is a fact-intensive process, but a vehicle owner who knowingly allows an unlicensed, reckless, or inexperienced driver to operate the owner’s vehicle may face both civil and criminal liability. Wrongful entrustment allows the victim of an auto accident to potentially recover damages from both the driver of the vehicle and the owner of the vehicle.

If you were injured in a motor vehicle accident, it is important to understand what parties may be liable in order to maximize your recovery. The experienced team at Charles Boyk can help you navigate this process.

What Liability May a Vehicle Owner Face for Wrongful Entrustment?

Under the Ohio Revised Code, a vehicle owner guilty of wrongful entrustment may face the following penalties:

Criminally charged with an unclassified misdemeanor.
May be fined up to $1,000.
May be ordered to serve a term of community service up to 500 hours.
A class seven suspension* of the vehicle owner’s driver’s license, including any commercial driver’s license or nonresident driving privileges.
- *A class seven suspension is a court-ordered driver’s license suspension that cannot exceed one year.
The court may order immobilization of the vehicle involved in the car accident and impoundment of that vehicle’s license plates.

In Ryncarz v. City of Aurora, the Court held the city and police department had probable cause to arrest and prosecute a vehicle owner who was also an injured party in the automobile accident. The vehicle owner admitted he owned the vehicle, permitted the operator to drive it, and knew the operator had no legal right to operate the vehicle.

How Do We Investigate Negligent Entrustment Claims?

Recovery for wrongful entrustment claims requires a fact-intensive investigation to prove the vehicle owner knew or reasonably should have known the driver was inexperienced, reckless, or careless. With decades of experience, our team of experienced personal injury lawyers has the resources and ability to investigate what parties may be liable and how to prove liability against the parties responsible. The team at Charles Boyk will review the details of your accident to investigate how liability may be determined and help you navigate the complex legal matter of wrongful entrustment. In addition to investigating what parties may be liable, we may use medical experts to help determine the extent of your injuries. Let us help you secure the financial compensation you deserve and ensure the parties who are responsible for your injuries are held accountable.

Wrongful Entrustment Under Ohio Law

In the State of Ohio, the decision to allow another individual to operate your vehicle may result in legal liability to the vehicle owner(s).

Under Ohio law, there is a three-part test for negligent entrustment. The plaintiff must establish:

The motor vehicle was driven by the driver with the permission and authority of the owner;
The entrusted driver was, in fact, an incompetent driver; and
that the owner either knew or should have known such facts as would imply at the time of entrustment that the entrusted driver had no driver’s license or was incompetent or unqualified to operate the vehicle.

An action for wrongful entrustment encourages vehicle owners to exercise caution if they allow another individual to operate or borrow their vehicle.

How to Establish a Wrongful Entrustment Claim?

Under Ohio law, the minimum requirements to prove wrongful entrustment include:

The vehicle owner knows or has reasonable cause to believe the operator does not have a valid driver’s license or permit, and the owner and vehicle operator reside in the same household or are related by blood or marriage.
- For example, if you and your sibling live together and you allow your sibling, who does not have a driver’s license, to operate your vehicle, this establishes a legal claim for wrongful entrustment.
The vehicle owner knows or has reasonable cause to believe that the vehicle operator’s license or driving privileges have been revoked, suspended, or canceled under Ohio law; or if the operator was convicted of a law or ordinance or committed any act or omission that would result in suspension or cancellation of the operator’s license or privilege, and the owner and vehicle operator reside in the same household.
- For example, allowing your sibling to operate your vehicle when you know their driver’s license was revoked, this establishes a legal claim for wrongful entrustment.
The vehicle owner knows or has reasonable cause to believe that the vehicle operator is under the influence of alcohol or drugs, and the owner and operator occupy the motor vehicle together at the time of the offense (ORC § 4511.203(B)).
- For example, if you allow a friend who is under the influence to operate your vehicle while you are a passenger, this establishes a legal claim for wrongful entrustment.

In these instances, the vehicle owner must provide evidence to rebut or contradict the elements or provide an affirmative defense regarding negligent entrustment. These examples are not complete and total, but offer descriptions of when a victim in a car accident may have a wrongful entrustment claim against a vehicle owner. Your skilled car accident attorney will evaluate your case to see if this is an option for you.

Wrongful Entrustment Is Not a Defense

Ohio case law has established that a driver cannot use wrongful entrustment as a defense or to reduce their liability in an auto accident. In Faircloth v. Hutchen, a vehicle owner allowed her boyfriend to operate her vehicle while his vehicle was being repaired. The boyfriend entrusted a friend to operate his girlfriend’s vehicle after the boyfriend picked up his vehicle from the repair shop. The friend entrusted to operate the vehicle totaled the girlfriend’s vehicle. The court ruled in favor of the girlfriend, allowing the girlfriend to recover damages from the friend operating the vehicle. Here, the court demonstrates that negligent entrustment cannot be used as a defense to reduce damages or liability.

How Wrongful Entrustment Claims Can Make a Difference in Your Claim

Through a wrongful entrustment claim, an injured party can ensure all potentially liable parties are held responsible following a car accident. Including a wrongful entrustment action in your personal injury claim may:

Expand insurance coverage
- If the driver of the vehicle did not have insurance, through wrongful entrustment, you may be able to recover damages from the vehicle owner’s insurance policy.
Increase potential compensation
- If either the driver’s or the vehicle owner’s insurance coverage is less than the amount of damages, recovering the excess amount from the second policy may prevent the car accident victim from paying medical or property expenses out of pocket.
Maximize recovery potential if the driver is uninsured
Support liability arguments
- If the driver was reckless, inexperienced, or incompetent, this will help offer evidence of a wrongful entrustment claim against the vehicle owner.

If you have questions about how a negligent entrustment claim may make a difference following a car accident, contact the lawyers at Charles Boyk to see how we can help you! Our team has decades of experience helping personal injury victims navigate complex legal issues to recover damages from all parties responsible.

Strengthening Wrongful Entrustment Claims

Wrongful entrustment claims can be complex and often require a detailed investigation and evidence to establish the vehicle owner’s liability. Evidence that may demonstrate a vehicle owner’s knowledge that the driver was reckless, incompetent, or unqualified:

Driving records
Police reports
Witness statements
Social media posts
Surveillance footage
Vehicle ownership records
Text messages
Toxicology results

Our team has decades of experience in evaluating and investigating personal injury claims following motor vehicle accidents. We help victims ensure all responsible parties are held liable and fight for you to recover the damages for your claims.

Daily Decision-Making & Wrongful Entrustment

Most individuals exercise caution and ordinary care in their everyday lives when deciding whether to do or not to do something in everyday life. For example, making sure both shoelaces are tied, looking both ways before crossing the street, or not touching the stove while it is still hot. These actions are under your direct control, but what happens if your friend asks to borrow your shoes – do you make sure both shoes are tied for them?

A friend or family member may ask for a favor, and we are inclined to help. For instance, if your friend’s vehicle is in the shop for standard maintenance, and they ask you to borrow your car to get to and from work for the day. You understand vehicle repairs, and you may not need your car that day, so you allow your friend to borrow your car. If your friend causes a car accident and injury to a third party, you (as the vehicle owner) could be liable for damages as well, even if your friend has car insurance.

In an alternative scenario, your family member or friend asks to borrow your car for the day because their vehicle needs to be repaired after a recent accident where they were driving recklessly. Knowledge of an individual’s reckless driving history satisfies the first element of wrongful entrustment.

Under wrongful entrustment, additional liability may be allocated to the vehicle owner. Allowing a friend, family member, or any individual to borrow or operate your vehicle can result in significant liability and legal consequences for the vehicle owner. Some might say, no good deed goes unpunished.

Why You Should Hire a Car Accident/Personal Injury Attorney

State law varies, and your state law may differ from Ohio’s Wrongful Entrustment of a Motor Vehicle statute. An attorney can help you determine if a wrongful or negligent entrustment claim would be applicable following a motor vehicle accident.

Claims that are similar to the underlying theory of wrongful entrustment:

Negligent supervision – when an employer fails to properly supervise an employee, resulting in foreseeable harm.
- If you were the victim of a car accident where the driver responsible for the accident was operating a company vehicle, you may have a claim against the employer for negligent supervision.
Respondeat superior – under Ohio law, an employer can be liable for torts committed by their employees during the scope of their employment. If the employee is not liable for the accident, the employer cannot be held liable under respondeat superior.
- If you were the victim of a car accident or other personal injury and the party responsible was acting within the scope of their employment, the employer may be liable for vicarious liability under respondeat superior. Our experienced car accident attorneys will investigate issues like these to see if a claim should be brought against the defendant’s employer in your case.

Negligent entrustment is a separate cause of action from negligent supervision and respondeat superior. While these theories are similar to negligent or wrongful entrustment, an attorney can best assist you in determining if additional claims should be included in your personal injury case.

Car insurance can add additional complexity to your personal injury matter. A wrongful entrustment claim means someone other than the vehicle owner was driving the car. If both the driver and vehicle owner have insurance, examples of disputes that may arise include policy limits, coverage, who pays, and how much.

Our Role in Car Accidents and Wrongful Entrustment Claims

If you or a loved one were involved in a car accident, you need a skilled personal injury attorney to navigate your case and secure the compensation you deserve. Here at Charles E. Boyk Law Offices, our experienced attorneys are dedicated to helping you through these difficult times because we have stood in your shoes and know how difficult this process is for people. As one of the top-rated personal injury firms in Ohio, we understand the complexities of wrongful entrustment claims in motor vehicle accidents and will work tirelessly to ensure that you receive the compensation and justice to which you are entitled.

Reach out to us today for a free case evaluation and discover how we can assist you in getting the justice and financial recovery you need. If we are unable to take your case, we will refer you to someone who may be able to help. Let us put our experience, connections, and expertise to work for you and support you every step of the way.

Case Examples:

Our office is currently pursuing a case where our client was stopped on an exit ramp when she was hit from behind, causing her vehicle to then hit the stopped vehicle in front of her. The driver at fault fled the scene. With the driver’s identity unknown, our office pursued a wrongful entrustment action against the vehicle owner to increase our client’s recovery.

We are currently involved in a lawsuit where our client was involved in a car accident when a parent wrongfully entrusted their vehicle to their child. While operating the vehicle, the child failed to yield to the right of way, causing a three-car collision.

Our office is also pursuing a lawsuit against an employer who negligently entrusted an employee to operate the employer’s semi-truck. During the course of employment, the employee was the at-fault driver in a motor vehicle accident that caused serious, painful, permanent, and disabling personal injuries to our client. The employee at fault in the accident had several prior driving violations. The prior driving violations demonstrated that the employee driver was incompetent, inexperienced, or reckless, and the employer knew or should have known not to permit or entrust their employee with operating a semi-truck.