Negligent Entrustment of a Motor Vehicle in Texas
What Is Negligent Entrustment?
Negligent entrustment of a motor vehicle is a recognized cause of action in Texas that may be brought against the owner, or in some circumstances one who has control over, of a motor vehicle driven by another when the driver injures someone while driving the car in a dangerous manner. The Law Offices of Patrick R. Kelly is a Dallas / Fort Worth area attorney who has experience in representing injured drivers and pedestrians against owners of vehicles who were the instrument in causing such pain and injury.
When Does Negligent Entrustment Apply?
Almost always, an injured party has recourse against another driver who caused an auto accident. But it may also be warranted and beneficial under Texas law to bring a claim directly against the owner of the vehicle. To bring such a negligent entrustment claim, the following must be proven by the injured driver:
- The entrustment of a vehicle by its owner or custodian
- To an incompetent driver
- That the owner knew or should have known was unlicensed, incompetent, or reckless
- That the driver was negligent on the occasion in question
- The driver’s negligence proximately caused the accident.
Motorcycle Accidents
Based on his legal background and creative attorney skills, Patrick R. Kelly is the Dallas motorcycle injury attorney equipped to handle your claim. Mr. Kelly used to defend motorcycle cases for insurance companies and now uses his skills to pursue claims for injured motorcycle and moped riders in the DFW area and throughout Texas.
According to the Texas Department of Transportation, approximately 470 motorcycle fatalities occur each year. An astonishing 90% of motorcycle accidents result in death. These are serious numbers. Most motorcycle crashes could be avoided if the drivers of cars, trucks, and 18-wheelers kept a proper look out for their two-wheel companions on the road.
Many law firms brag about how they are bikers too and so they understand their client’s claim. But the important factors in pursuing a claim or lawsuit for physical injuries stem from how insurance adjusters, defense lawyers, and juries will perceive a motorcyclist’s claim for injuries. Like it or not, an injured rider is usually viewed with a bit of speculation. Insurance companies know that most juries are not motorcycle riders. In fact, insurance companies know that jurors often view mopeds and motorcycles as nuisances on the road. While our law practice does not share this sentiment, it is a reality. Therefore, a lawyer must be creative in obtaining and seeking evidence such as police reports, pictures, medical records, witness statements, and other information to move jurors away from the common juror’s prejudices and toward pinning liability on the negligent driver. All drivers are charged with the uniform duty to other drivers – including bikers and moped drivers – of operating their vehicles in a safe manner and to not unreasonably endanger others.
As indicated by the statistics, the injuries suffered by motorcycle drivers are often severe. Medical bills can cause a huge financial burden. A lawyer who handles motorcycle cases, however, can aggressively seek compensation from the negligent driver’s insurance carrier. Many hospital and medical liens may exist when a motorcycle driver has no insurance but must receive medical services. In such cases, knowledgeable legal counsel can work to reduce those bills and pay for the lien out of any settlement or award for damages.
The Law Offices of Patrick R. Kelly represents injured clients other than those cases involving the common auto accident that injures motorcyclists. Often times, severe injuries occur when a motorcycle owner negligently entrusts a powerful motorcycle with a driver who is not properly trained or is the proper size to operate such a vehicle. Passengers who suffer injuries riding as a passenger on a moped or motorcycle may also have a personal injury claim. A driver must complete the proper motorcycle training to legally drive on Texas roads.
Our dedicated attorneys know what fact issues to look for in a motorcycle injury claim. If you or a loved one was injured or killed while operating or riding on a motorcycle or moped, please call our law office now. The initial consultation is free and there are no legal fees unless you recover a settlement or judgment. Time limitations due exist to file a motorcycle injury lawsuit so contact us immediately.
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How Insurance Companies Respond to These Claims
Insurance companies will bend over backwards to preclude or deny a claim by an injured party in negligent entrustment cases. So it is highly recommended to have a competent personal injury attorney represent the injured person. The insurance company makes common arguments such as that the car was not actually owned by the person against whom the claim is brought. But Texas courts have held that ownership is not necessarily required. A person who manages or has control over the vehicle can negligently “entrust” the vehicle to a dangerous driver. Texas courts have held that the enstrustor needs only a right of control and not necessarily ownership.
Denying a claim and refusing to fairly compensate the injured driver can also be based on the insurance company’s defense that the driver was not known to be a threat to other drivers. A plaintiff’s lawyer worth his or her salt will uncover evidence that may exist to prove this point – such as evidence of driving without a license, a history of driving while intoxicated, and numerous traffic violations.
How These Cases Are Proven
Once it is shown that the enstrustor of the car, motorcycle, or truck owned or controlled the car and that the driver of that motor vehicle was an incompetent driver, most cases hinge on whether the driver of the entrusted vehicle negligently caused injuries to the victim. In other words, the plaintiff must prove the same requirement in any car wreck case – that the negligent driving of the other driver caused a wreck, that in turn caused physical injury and suffering to the plaintiff. If the attorney for an injured party can show that the incompetent driver caused a motor vehicle action that injured the plaintiff, the person who entrusted the vehicle to the incompetent driver will likely have civil liability exposure.
Real-World Examples of Negligent Entrustment
Negligent entrustment claims often arise in situations such as:
- Allowing an unlicensed or inexperienced driver to use a vehicle
- Letting someone with a history of reckless driving operate a car
- Providing a vehicle to someone known to drive under the influence
- Failing to restrict access to a vehicle when control is possible
These scenarios can create additional liability beyond the driver alone.
Why These Cases Matter in Dallas–Fort Worth
Across Dallas–Fort Worth, including high-traffic areas like I-635, Central Expressway, and I-30, serious accidents often involve more than just driver negligence. Identifying all responsible parties—including those who entrusted a vehicle—can make a significant difference in how a claim is handled and what compensation may be available.
How the Process Works
You don’t have to sort through complex legal theories on your own. Working directly with Patrick keeps things clear and focused.
No Fee Unless You Win
You don’t pay upfront legal fees, and fees are only recovered if your case is successful.
Common Questions About Negligent Entrustment
What is negligent entrustment?
It is a legal claim that allows an injured person to hold a vehicle owner or controller responsible for allowing an unsafe driver to use the vehicle.
What are the elements of negligent entrustment in Texas?
The claim requires proof of entrustment, an incompetent driver, knowledge of that incompetence, negligent driving, and causation of injury.
Do I need a lawyer for negligent entrustment?
These cases involve detailed legal and factual issues, making legal guidance important.
Can I still bring a claim against the driver?
Yes. Negligent entrustment claims are often brought in addition to claims against the at-fault driver.
Will I speak directly with the attorney?
Yes. Your case is handled directly by Patrick from start to finish.
Talk With a Lawyer Who Will Handle Your Case
If you or a loved one was injured in a motor vehicle accident, then the Law Offices of Patrick R. Kelly should be your legal counsel. He has experience in seeking the most compensation possible including through unique claims such as negligent entrustment. Call his Dallas or Fort Worth office today for a free consultation.