Negligent entrustment of a motor vehicle is where an owner of a vehicle consciously lets an unqualified person drive their vehicle, resulting in an accident. This law can hold the owner liable for damages even if he was not the one driving. In this article, you will learn what negligent entrustment is, its application in car cases, typical scenarios, legal requirements, defenses, and how to avoid liability. Knowing this concept will enable you to make sound decisions when letting others use your car.
What Is Negligent Entrustment?
Negligent entrustment is a legal theory that holds a person or entity liable for providing another person with a dangerous instrumentality—like a motor vehicle—when they know (or should know) that the person is unfit to use it.
Key Elements of Negligent Entrustment
To prove negligent entrustment of a motor vehicle, the following elements must typically be established:
- Ownership or Control: The defendant must own or control the vehicle.
- Permission: The owner must have permitted the driver to use the vehicle.
- Knowledge of Risk: The owner knew or should have known that the driver was unfit or incompetent to operate the vehicle safely.
- Driver’s Negligence: The driver was negligent in operating the vehicle.
- Causation: The driver’s negligence directly caused the accident and resulting damages.
Common Scenarios of Negligent Entrustment
Negligent entrustment can occur in various situations, including:
1. Allowing an Intoxicated Driver to Use Your Vehicle
- If a vehicle owner allows someone visibly intoxicated to drive, and that driver causes an accident, the owner may be held liable under negligent entrustment.
2. Lending Your Vehicle to an Unlicensed Driver
- Permitting someone without a valid driver’s license or with a suspended license to drive can lead to negligent entrustment liability.
3. Providing a Vehicle to a Minor with Reckless Behavior
- Parents who allow their teenage child with a history of reckless driving to use their car may be liable if the child causes an accident.
4. Permitting an Elderly Driver with Impaired Abilities
- If an elderly driver with vision problems or cognitive impairments is allowed to drive and causes an accident, the vehicle owner may be responsible.
5. Commercial Vehicle Owners and Employers
- Companies that allow employees without proper training or a valid commercial driver’s license to operate company vehicles can face negligent entrustment claims.
Proving Negligent Entrustment in Court
To successfully prove a claim of negligent entrustment, the plaintiff must present strong evidence, including:
- Driver’s History: Evidence of the driver’s past accidents, traffic violations, DUIs, or reckless behavior.
- Owner’s Knowledge: Proof that the vehicle owner knew or should have known about the driver’s unfitness.
- Vehicle Use Authorization: Documentation or testimony showing that the owner permitted the driver to use the vehicle.
- Accident Details: Evidence of the accident, such as police reports, witness statements, and accident scene photos.
Real-World Example
A company allows an employee with multiple DUI convictions to drive a company truck. The employee, while intoxicated, causes a serious accident. The injured party files a negligent entrustment lawsuit against the company, arguing that they should never have allowed the employee to drive.
Legal Defenses Against Negligent Entrustment Claims
Defendants in a negligent entrustment case may use several defenses, including:
1. Lack of Ownership or Control
- Arguing that they did not own or control the vehicle at the time of the accident.
2. No Permission Given
- Proving that the driver did not have permission to use the vehicle.
3. No Knowledge of Driver’s Incompetence
- Demonstrating that they had no reason to know the driver was unfit to drive.
4. Driver’s Independent Negligence
- Arguing that the driver’s actions were entirely independent and unforeseeable.
5. Valid Driver’s License and Clean Record
- Showing that the driver had a valid license and a clean driving record, making them appear fit to drive.
State-Specific Laws and Standards
Negligent entrustment laws vary by state. Some states may have stricter standards for proving the owner’s knowledge of the driver’s incompetence. In other states, certain types of vehicles, like commercial trucks, may be subject to additional rules regarding driver qualifications.
Example: California’s Negligent Entrustment Law
California recognizes negligent entrustment as a valid legal theory in vehicle accident cases. The state requires plaintiffs to prove that the vehicle owner knew or should have known of the driver’s incompetence or dangerous tendencies.
Example: Texas’ Negligent Entrustment Law
In Texas, the plaintiff must prove that the vehicle owner was aware of the driver’s incompetence and still allowed them to use the vehicle, directly causing the accident.
How Negligent Entrustment Affects Liability and Compensation
If negligent entrustment is proven, the vehicle owner can be held financially responsible for damages caused by the driver, including:
- Medical Expenses: For injuries suffered by the victim.
- Lost Wages: For the victim’s inability to work due to injuries.
- Property Damage: For damage to the victim’s vehicle or other property.
- Pain and Suffering: For emotional and physical distress caused by the accident.
Example Case Study
- A mother allows her unlicensed teenage son to drive her car. The teenager causes a collision that injures another driver. The injured driver sues both the teenager (for negligence) and the mother (for negligent entrustment). The court finds the mother liable because she knew her son was unlicensed.
How to Avoid Negligent Entrustment Liability
If you own a vehicle, you can take steps to protect yourself from negligent entrustment claims:
- Verify Driver Qualifications: Ensure that anyone using your vehicle has a valid driver’s license and a safe driving history.
- Avoid Lending to Risky Drivers: Refrain from letting individuals with a history of DUI, reckless driving, or poor judgment use your vehicle.
- Establish Company Policies: If you own a business, create and enforce strict policies for employee drivers, including background checks and driver training.
- Secure Your Vehicle: Keep your keys in a secure location to prevent unauthorized use.
When to Consult a Lawyer
If you have been accused of negligent entrustment or if you have been injured by a driver who was negligently entrusted with a vehicle, it is important to consult with a qualified personal injury attorney.
An experienced attorney can:
- Evaluate your case and determine whether negligent entrustment applies.
- Gather evidence to support your claim or defense.
- Negotiate with insurance companies on your behalf.
- Represent you in court if necessary.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
