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Can my wife be sued alsoMy 19 yo son borrowed my care one night and had an accident.A car pulled out in front of him without stopping at a stop sign and they collided.My son at the time was going 65 in a 35 at the time.Now the passenger in my sons car is trying to sue me.The car was in my name only so can they go after my wife and business which is an LLC or can they just try to sue me personally?The passenger broke a bone in each foot and the car insurance covered medical costs and they 100,000 dollars from me. Attorney answers (2)
Reputation Level 20
Answered almost 3 years ago.
Personal Injury Lawyer in Rutland, VT.
Your wife cannot be successfully sued, assuming she is not a titled owner of the vehicle. Florida law provides that both the driver and the owner(s) of the vehicle can be found responsible for any injuries caused by a negligent driver. Florida recognizes the Dangerous Instrumentality Rule, which applies to all types of motor vehicles and deems the owner equally responsible with the negligent driver. Since the other driver apparently ran a stop sign, that other driver and the owner of the other vehicle will share responsibility for paying for your injured passenger's damages.
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Reputation Level 8
Answered almost 3 years ago.
Car / Auto Accident Lawyer in Tampa, FL.
The law in Florida basically says that the Owner of a vehicle is responsible for any negligent operation of the vehicle. From the facts that you have provided, it would appear that your wife should not be sued, or liable for injuries caused by your adult son. In Florida the doctrine is called the "Dangerous Instrumentality Doctrine." Which is followed in Florida for the reasoning that a car is a dangerous instrument, and the owner must be held responsible for any negligence in the vehicle's operation.
From the facts as I understand them only you yourself as an owner or your business, or LLC (if it was a company vehicle) and your son (who was an adult at the time of the crash) would be proper defendants. The key question is who is on the title to the vehicle? Anyone on the title to the car, and the driver will likely be named as a defendant in a suit for damages. I hope this information is helpful to you. Sincerely, Matt Powell Eaton, Powell & Tirella 304 Plant Avenue Tampa, Florida 33606 1 person marked this answer as good
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