What is a Negligent Entrustment Claim?

In short, this is a cause of action a person can bring in Texas against the owner or someone who has control over the vehicle driven by the at-fault party who injuries someone while driving negligently. Here at Montes & Guevara Attorneys at Law, PLLC, you will get attorneys with experience in representing injured drivers.

In Texas, an injured person has recourse against the person who caused an auto accident. But also, did you know you also have a claim against the person who owns or controls that vehicle? To bring such a claim of negligent entrustment claim, you must prove the following:

1. The entrustment of a vehicle by its owner or custodian,
2. To an incompetent driver,
3. The owner knew or should have known was unlicensed, incompetent or reckless,
4. The driver was negligent on the occasion in question; and
5. The driver’s negligence proximately cause the accident.

These above items can be seen in a quick example below.

Example: Ann is seventeen years of age and has minimal driving experience, skill and education. Ann’s parents lend their family vehicle to her to go to work. The vehicle driven by Ann is owned by her Mother Ruby. On the way to work, Ann is focused on her phone and gets involved in an accident with John. John is severely injured as the result of the accident and pursues a claim directly against Ann. Under these facts, John would potentially have a claim against Ruby for negligent entrustment claims given the lack of experience, skill and education of Ann.

It is common practice for insurance companies to deny person’s negligent entrustment claims by common arguments such as the driver had adequate requisites to drive the vehicle. Hiring experienced attorneys can decide whether you have a valid claim for negligent entrustment.

If you or a loved one was injured in a motor vehicle accident, YOUR attorneys at Montes & Guevara Attorneys at Law, PLLC can help guide you to identify all possible claims against the negligent driver that caused your injuries. Call 833-SOTXLAW (768-9529) today to schedule your FREE personal injury consultation to see your available options.