
Can I sue the owner of a vehicle for lending their vehicle to an incompetent driver?
Many of us have lent our car to a friend or family member to make a quick errand.
But according to Texas law, if whoever is driving our car gets into an accident, we could be held liable for the negligent acts because the car belongs to us. This doctrine is called negligent entrustment.
Our team of car accident attorneys at Harmonson Law Firm has been helping the people of Texas navigate their accident cases for more than 15 years. Read on to learn more about negligent entrustment and how it can help you if you’ve been the victim of a car accident due to someone else’s negligence.
What is negligent entrustment?
Negligent entrustment is a general legal doctrine by which a vehicle owner may be held liable for the negligent acts of whomever he or she entrusts to use their vehicle.
Here’s an example:
Juan owns a Ford F150 pickup truck. His neighbor Larry doesn’t have a truck and would like to borrow it to take some trash to the dump. On the way home from the dump, Larry runs a red light and T-bones a vehicle driven by Maricela and her daughter Mia. Both Maricela and Mia are seriously injured in the car accident.
It turns out Larry lost his license three years before the accident because he had received several moving violations and had been involved in two accidents that were his fault. After the accident, Larry moves to Mexico and cannot be located ever again. Maricela comes to our office and wants justice. After an exhaustive search, we discover that suing Larry is not possible because he cannot be located. The question now becomes whether we can sue Juan, the owner of the vehicle, for loaning the vehicle to Larry.
In this case, Juan could be held responsible for Maricela and Mia’s injuries under the doctrine of negligent entrustment.
How do you prove negligent entrustment in Texas?
Texas provides a cause of action (a right of recovery) where a person negligently entrusts his or her vehicle to another person.
To meet the burden of proof, the Plaintiff (the injured party) must prove:
- The owner entrusted his or her vehicle to another person;
- That person was an unlicensed, incompetent, or reckless driver;
- The owner knew or should have known that the driver was unlicensed, incompetent, or reckless;
- The driver was in fact negligent on the occasion in question; and
- The driver’s negligence caused the Plaintiff’s injuries.
See 4Front Engineered Solutions, Inc. v. Rosales, 505 S.W.3d 905, 909 (Tex. 2016).
Ownership
To prove ownership for negligent entrustment purposes, the plaintiff can show that the person either owned the vehicle or had control over the vehicle. Hence, a nonowner of a vehicle can be held liable if the nonowner had the right to control the vehicle. For instance, if a son entrusts his parent’s car to a friend, the son is an “owner” of the vehicle for negligent entrustment purposes.
One can show ownership by presenting proof of the certificate of title to the vehicle as proof of ownership. The plaintiff can also introduce evidence of the owner’s liability insurance to show proof of ownership.
Entrustment
Entrustment is proved by showing that the owner permitted the driver to use the vehicle. Once permission is given, the fact that the vehicle was being used for the original purpose is not controlling. See Spratling v. Butler, 240 S.W.2d 1016, 1017 (Tex. 1951).
If you or your loved one has been seriously injured as the result of an automobile accident, call the personal injury lawyers at Harmonson Law Firm at (915) 233-6427 or contact us online. Our office is located in El Paso, Texas and we represent car accident victims throughout Texas, New Mexico, Arizona, and California.