Traffic Accident: Driver's Presumed Fault and Owner's Vicarious Liability

Traffic Accident: Driver's Presumed Fault and Owner's Vicarious Liability: A plaintiff sued a driver and the owner of a vehicle for damages resulting from a traffic accident, alleging the driver was at fault, and the owner was vicariously liable due to the delegation of use; the Court of Cassation rejected the appeal because the lower court correctly applied the principle of presumed fault on the part of the driver, established by the presumption of responsibility against the custodian of the thing causing damage unless they prove a fault of the victim or an irresistible and unforeseeable external event, and properly confirmed the joint and several liability of the driver and the owner based on the relationship of delegation of use, which constitutes a common fault under the relevant traffic legislation.