Are You Liable if You Get in a Car with a Drunk Driver?

This is a very interesting question with a rather surprising answer. In some cases, yes, you could be liable for damages if you get in the car with a drunk driver.

As outlined below, getting in the car with a drunk driver could be negligent undertaking, especially if the drunk driver was a friend, spouse, or other person you controlled, at least to an extent. The negligent undertaking rule often comes up in Good Samaritan cases. Many states extend broad protections to crash witnesses and other people who try to assist crash victims. California isn’t one of those states.

Because of the negligent entrustment rule, passengers who thought they were totally innocent could be defendants in legal actions. By the same token, victims who believed they had no hope of compensation, perhaps because the driver was uninsured, have hope. A San Marcos personal injury lawyer advocates for victims, and sometimes passengers, in these situations.

Negligent Undertaking in California

In a nutshell, people are legally negligent when they make promises and don’t live up to those promises, or at least don’t make a reasonable effort to live up to those promises. If Sally says she’ll drive home if Tom’s too drunk, and she allows Tom to drive drunk, the negligent undertaking rule could apply.

This rule also applies to some party hosts. Assume Tom assures party guests that he’ll pay for an Uber if they’re too drunk to drive home. If Tom reneges on that promise, he could be liable for damages.

In all situations, the negligent undertaking rule has basically the same elements in California. These elements are:

• The defendant voluntarily, or for compensation, rendered services to another,
• Said service was necessary for the protection of others,
• The defendant failed to exercise reasonable care in performing the services,
• That failure harmed the victim/plaintiff, and
• A San Marcos personal injury lawyer proves causation and reliance.

Let’s define those last two Legalese words. Causation is carelessness that increases the risk of harm. Reliance means the defendant undertook a duty that the primary person actually owed to the victim.

Compensation in a negligent undertaking matter, or any other negligence case, usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Third-Party Liability in The Golden State

In some cases, attorneys must separately enforce a legal judgement against a passenger. The passenger doesn’t have an insurance policy that pays the aforementioned compensation. Possible remedies in these cases include credit liens, property liens, wage garnishment, and bank account levy.

However, in other cases, another legal rule, such as respondeat superior, may apply. This doctrine holds employers legally responsible for damages if their employees are negligent during the course and scope of their employment.

Let’s not forget that second example. If Tom the party host is negligent, his homeowners insurance policy may cover the victim’s damages.

Third-party liability complicates an already complicated case. The good news is that most of these matters settle out of court, saving time and effort.

Reach Out to a Diligent San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.