On this week’s episode of LiveFeedReed , I thought it would be prudent to discuss a telephone call I received this week because it can be viewed as a cautionary tale for everyone who owns a motor vehicle in the State of Florida. The overall moral of the story is simple – never leave your keys in your vehicle. Let me explain why you should always take the keys out of your car regardless of where you are stopped or how long you plan to be stopped.
Who Is Liable in a Motor Vehicle Accident?
The phone call I received was from a gentleman who was stopped at a red light with his wife and two children in the vehicle when someone in a stolen vehicle crashed into his vehicle. His vehicle sustained significant damage and everyone in his family was injured. Not surprisingly, the driver of the stolen vehicle did not have insurance coverage. He had already contacted a large law firm that effectively told him there was nothing they could do for him. As I told the caller, the issue of liability does not end at the driver in the State of Florida. Under Florida law, both the driver of a motor vehicle and the owner of the vehicle can be held equally liable for property damage and personal injuries in a collision. Legally, the owner of a vehicle is responsible under the legal theory of “vicarious liability.” Moreover, the fact that the at-fault party was driving a stolen vehicle does not, in and of itself, preclude liability for the owner of the vehicle.
Understanding Florida’s Unattended Motor Vehicle Law
Listen to Paul and Jason discuss this case on the LiveFeedReed podcast
Most people operate under the incorrect assumption that if someone steals their vehicle, they will not be held legally liable for damages or injuries that occur while the thief is driving their vehicle. To understand why this is not always the case, we must first look at Florida Statute 316.1975 which states, in pertinent part, as follows:
“A person driving or in charge of any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key.”
What this means for anyone who owns a motor vehicle is that you can be held legally liable for property damage and personal injuries caused by a car thief driving your vehicle if you left the keys in the vehicle .
The Florida Supreme Court clarified the law back in 1978 in the case of Vining vs. Avis Rent-A-Car Systems, Inc In that case, someone rented a car from Avis and, upon returning the vehicle, the renter left the keys in the vehicle. Someone then stole the vehicle and was involved in a collision. The Plaintiff who was injured in the car crash sued Avis under the theory of vicarious liability. Although a Florida Appellate Court found that Avis was not liable and dismissed the case on summary judgment, the Supreme Court found that under 316.195, Avis could potentially be liable because the keys to the vehicle were left in the car.
The Supreme Court applied the “dangerous instrumentality doctrine” when deciding that an owner could face liability for injuries caused by a thief driving their stolen vehicle. In essence, the court found that a motor vehicle is inherently dangerous and anyone who owns such an inherently dangerous thing must take precautions to prevent foreseeable harm. Someone stealing your car and causing an accident is a foreseeable harm if you leave the keys in your car. This applies whether you are simply running into a convenience store or parking your car in your own garage. Leaving the keys in your car can open you up to legal liability if the vehicle is stolen and involved in a crash. Therefore, the moral of the story is to always take the keys out of your car.
If you have questions or concerns about a motor vehicle collision, contact the experienced personal injury attorneys at Reed & Reed.