In some circumstances, an owner of the vehicle can be held accountable for its use by another person. This concept is called negligent entrustment. This article answers the following questions:
- What is negligent entrustment in Texas?
- What must you prove to sue for negligent entrustment?
- If you are hurt by a driver who did not own the car, who is responsible?
Elements of Negligent Entrustment
In Texas, a claim of negligently entrusting a motor vehicle can establish legal liability if the plaintiff can prove the following:
* The owner provided or allowed the car to be used by another;
* The person driving was unlicensed, incompetent or reckless;
* The owner knew or should have known of the incompetency of the driver or his or her recklessness;
* The driver was negligent and caused the accident.
Providing the Vehicle
Entrustment is permitting a driver to use the vehicle, and the critical time is when the cars lent. Permission to use the vehicle can also be implied through a course of conduct or a lack of objection to its use.
It is perfectly legal in Texas to lend property to anyone you want to lend the property. If your neighbor came over and asked to borrow a shovel, it is perfectly acceptable to lend him the shovel. You own the property you have the right to do with it as you want. The same applies to your vehicle. You have the right to lend your vehicle to others. Where negligent entrustment comes into play is where you have lent your vehicle to someone when you probably should not have.
Unlicensed, Incompetent or Reckless
If you loan your vehicle to someone who does not have a driver’s license and is not capable of driving safely, you might get sued for negligent entrustment if they are in an accident that was their fault. Negligent entrustment can include more than merely unlicensed drivers, and the most common situation is where someone that’s a person take their car after they know facts that indicate that the driver should not be behind the wheel. The most common situation is where someone lets another person drive their car, knowing that they have been drinking or perhaps using drugs.
Let’s say that your brother asks to borrow your car and you let him use it. That is perfectly acceptable. What if your brother had been drinking at the time that you agreed to let them use the vehicle? If your brother gets into an accident and is found to have been legally intoxicated, you may get sued under a negligent entrustment theory. Meaning you did not cause the accident by driving, but that you were negligent in loaning your vehicle to a driver who you knew was drinking.
However, let’s say that your brother was an alcoholic. You loaned your brother the vehicle knowing he had an alcohol problem – are you in trouble under a negligent entrustment theory if he has a wreck? Maybe – if you loaned your vehicle to a known alcoholic and they were drunk at the time of the car accident, negligent entrustment may be pursued against you. However, if your brother had a drivers license and was not intoxicated at the time of his accident, a negligent entrustment lawsuit against you will probably not be successful.
Recklessness or dangerousness of the driver should be determined at the time the vehicle was lent to the driver. In our example, let’s say you loaned your car to your brother, and he had not been drinking before you loaned him the car. But later on, your brother stopped by a bar and got drunk, left and then caused a drunk driving car accident. If you were not negligent in loaning him the vehicle, you would not be held liable for negligent entrustment. The bar might have an issue if they were knowingly over-serving him under a dram shop lawsuit.
Of course, there are other ways that a motor vehicle may be liable for its use by another such as an employee who is on the job for the company at the time of an accident and who is in the course and scope of their employment.
If you are loved, one has been injured in an accident and has questions regarding whether the doctrine of negligent entrustment may apply Google for the best personal injury attorney near me discuss the matter with them as soon as possible after the accident.
If you have questions about an injury accident, call us for a free consultation.
Baumgartner Law Firm 6711 Cypress Creek Parkway Houston, TX 77069