Search Site
Menu
A Way Powerful Evidence Can Be Used in Injury Cases

I was recently consulted on a case in which a young driver (with a history of reckless behavior involving alcohol) was entrusted with keys to a car by a parent. When dealing with cases of this nature, the general rule is that previous accidents or behavior cannot be used as evidence in the trial of a particular accident. Therefore, a person’s driving record will usually not come into consideration in an auto accident. The rule of thumb is that the driver’s behavior on the day in question is what matters (rather than his/her overall record). There can, however, be an exception to this rule, and it occurred in the case I consulted. This involves a doctrine, called “negligent entrustment”. When pursuing that claim, the skillful lawyer can use evidence of prior acts, such as bad driving and drinking. In a negligent entrustment claim, a parent (or another) can be independently liable in the event that he/she has given the keys to a young driver, who has been known to drink and will be heading to a party where alcohol will be prevalent.

Massachusetts courts have addressed this issue and have said that if prior accidents are permissible evidence, they cannot be used in determining fault or negligence in the accident on trial. The judge will instruct a jury on this, giving what is called a limiting instruction so that the jury will not misuse this evidence to determine who was at fault in the auto collision. Leone v. Doran, 363 Mass. 1 (1973). But you should know that this information will be used in another sense, that being to advance the negligent entrustment claim.

It is also important to understand the separate concept of respondeat superior. This means that an employer will be held liable for negligent driving committed by an employee. Nothing I have mentioned in this blog detracts from that principle.

In summary, when an auto case is on trial, the past driving record of the at-fault party is usually not admissible evidence. The exception to this occurs in situations involving negligent entrustment.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • lawyers
    5.0/5.0

    Большое спасибо сотрудникам компании Feinberg & Alban и особенно Marsha Alban за высокий профессионализм и внимательное отношение к клиентам. Благ...

    Read more

    Client

  • google
    5.0/5.0

    We would recommend Atty. Colleen Santora and the entire team at Feinberg & Alban highly. We had a major auto accident in 2012 and my husband also at a bad motorcycle accident as well four years after. We have always relied on her, She is a class act ...

    Read more

    Kyle Meahl

  • google
    5.0/5.0

    Attorney Feinberg is an excellent attorney with top level trial skills. He has given invaluable insight and knowledge on cases at trial that only an attorney of his caliber and experience could provide. I would highly recommend him and his staff.

    Read more

    Jeremy Carroll

  • google
    5.0/5.0

    I highly recommend this law firm to anybody in need of a excellent Attorney. Colleen is very responsive as well as friendly and caring!! I had a great experience working with her an as i mentioned above i would recommend her office.

    Read more

    Keri Pait

  • google
    5.0/5.0

    Marsha was experienced, very helpful and thorough. Absolutely wonderful to work with! I would highly recommend her and this firm to anyone!

    Read more

    Tedrina R

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form