Negligent entrustment is a legal theory that holds vehicle owners responsible when they hand their keys to someone they know—or should know—is unfit to drive safely. This doctrine extends liability beyond just the person behind the wheel, potentially allowing accident victims to pursue compensation from the car’s owner even if that person was not present during the crash. Knowing when negligent entrustment applies can open up additional avenues for recovery. Make sure to speak with an experienced McAllen car accident lawyer if you were involved in a lawsuit.
Negligent Entrustment of a Motor Vehicle in Texas
Negligent entrustment occurs when a vehicle owner allows someone unqualified to operate their car, and that decision results in harm to others. Under Texas law, this principle makes owners accountable for the foreseeable consequences of lending their vehicle to an unsuitable driver.
Consider these examples of negligent entrustment:
- A parent lets their teenager drive despite knowing the teen has a suspended license.
- A friend hands over their car keys to someone who is clearly intoxicated.
- An employer allows an employee with multiple DUI convictions to drive a company vehicle.
In each situation, the owner made a choice that put others at risk. When that risk becomes reality and someone gets hurt, the owner can be held legally responsible alongside the driver.
Elements to Prove Negligent Entrustment in Your Claim
To prove negligent entrustment in a car accident claim, you will need to establish several key facts. These include:
- The owner provided or permitted use of the vehicle. This can be express permission or implied through past conduct, such as regularly allowing someone to borrow the car without objection.
- The driver was unlicensed, incompetent, or reckless. This covers drivers without proper licensing, those with a history of dangerous driving, visibly intoxicated individuals, or those lacking the skills or judgment to drive safely.
- The owner knew or should have known about the driver’s unfitness. The law doesn’t require actual knowledge; if a reasonable person would have recognized the risk, that’s sufficient.
- The driver’s negligence caused the accident. You must prove the driver acted negligently and that negligence led directly to your injuries.
Damages Available in Negligent Entrustment Cases
By filing a negligent entrustment claim, you can recover compensation to help pay for the physical, financial, and emotional impact of the accident. Economic damages cover your medical expenses, lost wages, and property damage. Non-economic damages address your physical pain, emotional distress, and reduced quality of life. In cases involving particularly reckless behavior, you may also pursue punitive damages designed to punish the at-fault party’s conduct and deter similar actions.
Injured by a Dangerous Driver? Speak to a Texas Car Accident Lawyer
If you have been injured in an accident caused by someone who should never have been behind the wheel, a negligent entrustment claim may allow you to hold the vehicle owner accountable. These cases require a thorough investigation and a strategic legal approach—both of which a McAllen injury attorney can provide.
Your lawyer will gather evidence showing that the owner knew or should have known the driver was unfit, identify all liable parties, and pursue compensation from every available source. Schedule a free consultation today and learn how an attorney can help you pursue justice.
