Determining who is responsible for paying for your car accident in Texas requires properly navigating the state’s related liability laws. One legal doctrine that may be relevant to your case if an unlicensed, unfit or reckless driver crashed into you is negligent entrustment. This doctrine can allow you to hold the owner of a vehicle responsible for knowingly lending it to a dangerous driver. Make sure to speak with an experienced car accident lawyer in San Antonio.
What Is Negligent Entrustment?
Negligent entrustment of a motor vehicle in Texas refers to the owner of a car granting his or her express or implied permission to an unfit person to drive the car. An unfit person is anyone that a reasonable and prudent vehicle owner would not give driving permission to in the same circumstances due to the foreseeable risk of an accident occurring.
Examples include:
- An unlicensed driver.
- Someone with a suspended or revoked driver’s license.
- An individual with a substance abuse problem.
- A driver with a history of causing car accidents or driving drunk.
- Someone who is known to frequently drive recklessly.
- A person who is physically, mentally or medically unfit to drive.
- An individual who is too young or too old to safely or legally drive.
- An employee who is not properly trained or qualified to drive a commercial vehicle.
If the owner of the car knew or reasonably should have known of the driver’s inability to safely operate the car at the time that the vehicle was borrowed, it is negligent entrustment. If the unfit driver proceeds to cause a car accident, the person who committed negligent entrustment can be held accountable.
The Role of Negligent Entrustment in a Car Accident Claim
Negligent entrustment is an important legal doctrine to be aware of because it could grant you the authority to hold someone other than the careless or reckless driver responsible for your crash-related damages. You may have grounds to file a claim against an employer or company, for example, which will most likely have greater insurance coverage than the individual driver.
You may also need to rely on the negligent entrustment doctrine if the person borrowing the car is uninsured or underinsured. In this scenario, it’s important to search for sources of additional insurance coverage, such as the actual owner of the vehicle or the person who allowed the unfit driver to take the car.
How to Prove Negligent Entrustment
Negligent entrustment cases can be difficult to win, as insurance companies will try their best to deny a claim that is based on this legal doctrine. You or your personal injury attorney in San Antonio will need to prove the required elements using evidence, such as driving and medical histories, employment documents, police reports, traffic citations, witness statements, photos, videos, and expert testimony.
The required elements of proof are:
- The owner or custodian of the vehicle entrusted the defendant (accused party) with the vehicle’s control and operation.
- The defendant possessed one or more traits that made him or her an unfit or incompetent driver.
- The owner of the vehicle knew or should have known that the driver was incompetent, reckless or otherwise unfit to drive.
- The defendant committed an act of negligence or wrongdoing that caused the car accident in question.
You may also need to negate defenses to your negligent entrustment claim, such as the insurance company alleging that the driver was not known to be a crash risk. The most effective and reliable way to prove your case and maximize your financial recovery after a car accident in Texas is by hiring an experienced attorney to represent you. Contact us today for a free consultation.