What Is Negligent Entrustment of a Motor Vehicle?
Negligent entrustment of a motor vehicle occurs when a person allows someone else to use their car while knowing—or having reason to know—that the driver is unfit, incompetent, or likely to drive dangerously. This legal concept holds the vehicle owner accountable if they should have realized that letting that person drive could create a risk of harm to others. In essence, it’s not just the driver who can be at fault—owners can also share liability when their negligence in allowing access to a vehicle contributes to an accident.
Examples of Negligent Entrustment
Some common situations where negligent entrustment may apply include:
Letting someone drive who has a suspended or revoked license
Allowing a person with a history of reckless driving or accidents to operate a vehicle
Permitting a driver who is intoxicated, fatigued, or otherwise impaired to take control of the car
Allowing a teenager or someone without proper training to drive when they are not ready or capable
If the driver causes an accident under these circumstances, both the driver and the owner may potentially be held liable for damages.
Who Can Be Sued?
The Driver: The individual operating the vehicle is almost always responsible for their own actions, including negligence or recklessness.
The Owner: The vehicle owner can be sued if it can be shown that they knew or should have known about the driver’s inability or unfitness to drive. In other words, if the owner provided the vehicle to a person who posed a foreseeable risk to others, they can share legal responsibility for the resulting injuries or property damage.
It’s important to note that not every car accident involving someone else driving a vehicle automatically leads to negligent entrustment liability. The key factor is the owner’s knowledge—or constructive knowledge—of the driver’s risk to public safety.
Why Negligent Entrustment Matters
Negligent entrustment is significant in personal injury cases because it can expand the pool of potentially liable parties. This is especially important if the driver does not have enough insurance coverage or personal assets to fully compensate the injured party. By holding both the driver and the owner accountable, injured individuals have a greater chance of recovering damages for medical bills, lost income, pain and suffering, and property damage.
Proving negligent entrustment typically requires showing that the owner knew or should have known about the driver’s incompetence, inexperience, or risk of dangerous behavior. Evidence might include prior driving records, past accidents, arrests for DUI, or other indications that the driver was not safe to operate a vehicle.
