Incompetency goes to reliability in all that is essential to make up a reasonably safe person. Rush v. McDonnell, 106 So. 175, 177 (1925). The incompetence of a driver is measured by the driver’s demonstrated ability to properly drive a vehicle. Halford v. Alamo Rent-A-Car, LLC, 921 So. 2d 409, 414 (Ala. 2005). One who is habitually negligent may, on that account, be incompetent. Crotwell v. Cowan, 184 So. 195, 199 (1938). To see if someone is habitually negligent, the court should take into account his youth and other pertinent evidence relating to his character, habits, and activities. Keller v. Kiedinger, 389 So. 2d 129, 137 (Ala. 1980). Driving without a driver’s license and evidence of lack of skill is probative evidence of incompetence. See Mason v. New, 475 So. 2d 854, 856 (Ala. 1985). One who is a habitual drunkard is an incompetent driver. McGowin v. Howard, 36 So. 2d 323, 325 (1948).
The mere nonpossession of a valid driver’s license is not evidence of incompetence; finding incompetence on the basis of suspended license, the suspension should be more than administrative in nature. Halford v. Alamo Rent-A-Car, LLC, 921 So. 2d 409, 409-14 (Ala. 2005) (holding that evidence of the suspension of one 's driver 's license for failure to discharge a citation for a nonmoving violation is not substantial evidence, standing alone, of incompetence to operate a vehicle); Britt v. USA Truck, Inc., No. 2:06-CV-868-ID(WO), LEXIS 92244, at *2 (M.D. Ala. Dec. 20, 2007)(holding that the failure to appear in court, maintain insurance and receiving all nonmoving violations cannot show the driver’s incompetency).
The number and th...
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...he last scenario, whether she was an incompetent driver depends on whether her indifference to the rules rose up to the level of habitual negligence. She was in such manner that constantly disregard traffic laws, obvious warnings, and school code concerning alcohol regulation. One could reasonably foresee that even if she saw a high possibility of accident, she would still drive in a reckless manner. Hence, she probably was a habitual negligent driver. Since she could not drive safely as a competent drive do, the court will likely find that Haley was an incompetent driver.
The court will likely find there was an act of entrustment by Humphrey, and Haley was an incompetent driver under Alabama common law. Then whether Humphrey had the knowledge of Haley being an incompetent driver or if his negligence caused the damages will be discussed in details later.
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