If you have been injured as a result of someone else’s negligence, you have damages, and the law allows you to seek compensation from those who caused the damage. On behalf of our clients, the Law Office of Doug Goyen auto accident attorneys use expertise, top-tier representation, and a strong desire for justice. We go after the insurance company for car accident injuries. If you are looking for a negligent entrustment accident attorney, call attorney Doug Goyen, an auto accident attorney with over 23 years of experience handling injury claims. We can begin working on your case right away. Make a call right now to (972) 599 4100.
Many car accident injury cases are caused by unlicensed drivers or dangerous drivers. Some parents let their unlicensed teenagers drive their cars. Some people will give the keys to their car to someone they know is intoxicated or under the influence of illicit drugs or even legal drugs but the type of medication where the person should not be driving. Some drivers get access to vehicles even though they are dangerous drivers.
Establishing Negligent Entrustment in Texas
In Texas, people who are injured in car accidents caused by unlicensed or dangerous drivers have the right to sue the owner of the vehicle for negligent entrustment of their vehicle.
How do you establish that a driver is careless or incompetent?
According to Texas law, the determination of whether the driver is reckless or incompetent is made at the time of the entrustment in order to prove negligent entrustment. Huynh v. R. Warehousing & Port Servs., 973 S.W 2d 375, 378 (Tex. App. – Tyler 1998, no pet.). For example, if the other person was intoxicated at the time the vehicle was entrusted to them, the person who gave them access to the vehicle negligently entrusted that vehicle to that driver.
The determination of whether a driver is reckless or incompetent is made on a case-by-case basis. Again, an intoxicated driver is clearly reckless or incompetent behind the wheel. The driver’s driving record, the driver’s condition, and the situation are all factors to consider when determining whether a driver is reckless or incompetent. Zamora v. Dairyland, 930 S.W.2d 739 (Tex. App. – Corpus Christi 1996, writ denied).
It is relatively simple to prove that a driver is not licensed. They either have or do not have a valid driver’s license. If they are not licensed and are driving someone else’s vehicle and cause an accident, the owner of the vehicle may have a claim against them for negligently entrusting their vehicle to this unlicensed driver.
How is “entrustment” of the vehicle established?
In Texas, a driver is considered a permissive user if he or she reasonably believes they have permission to drive a vehicle. United State Fire Ins. v. USAA, 772 S.W.2d 218 (Tex. App. – Dallas 1989, writ denied). If a driver reasonably believes they have permission, the law considers them to have been granted permission to drive the vehicle, regardless of what the owner says later.
WHAT YOU MAY BE OWED DUE TO YOUR AUTO ACCIDENT INJURY
Personal injury attorneys use the term “damages” to describe how you were harmed or lost money in your personal injury or wrongful death case. In other words, if you have one or more of the following types of injuries, Texas law allows you to recover money to compensate you for the harm caused by the negligent conduct (or the damage that was caused, or harm that was caused, or loss that was caused). If you have proof of the claimed damage or injury, the person or company responsible for the accident or injury may be forced to pay for the following injuries or damages.
→Past and future medical bills: The amount of medical bills required to treat your injury in the past and in the future.
→Past and future pain and suffering: Compensation is allowed for past and future pain and suffering based on a jury’s common sense, knowledge, and sense of justice. In terms of settling a claim, determining the value of pain and suffering is done by imagining what a jury – who does not know anyone involved – will think the value is.
→Loss of a body member or mental function: If you have lost an arm, leg, or mental function or capacity as a result of the accident or injury, you may be able to recover compensation for your losses.
→Loss of consortium: If the injury was severe enough that you no longer enjoyed the companionship of your family members, you are entitled to compensation for the harm done to your family relationships.
→Loss of services: If a husband or wife is unable to perform their normal household duties as a result of the injury, they are entitled to compensation.
→Past and future lost income: The amount of money you have lost and will lose as a result of the injury.
→Physical impairment in the past and future: How you have been physically impaired in the past as a result of your injury, and how you will be physically impaired in the future.
→Disfigurement in the past and in the future: How the injury physically disfigured you in the past and how it will disfigure you in the future.
→Past and future mental anguish: How your physical injury has caused significant mental anguish, to the point where it is more than disappointment, resentment, embarrassment, or anger, and how it will continue to do so in the future.
IF YOU WERE INJURED IN A CAR ACCIDENT DUE TO NEGLIGENT ENTRUSTMENT, HIRE AN ATTORNEY
Doug Goyen, a car accident injury lawyer who represents those needing a negligent entrustment accident attorney, has represented thousands of people in car wreck injury cases and obtained millions of dollars in settlements and verdicts on their behalf. If you were injured in a car accident because someone negligently entrusted their vehicle to an unlicensed or dangerous driver, we can help you get the compensation you deserve. Call today for a free case evaluation. Call us at (972) 599 4100 or use our website contact form to get in touch. There is no fee unless and until you win.
Related Causes of Accidents Pages:
- Aggressive Driving Speeding and Tailgating
- Debris Causing Accidents
- Driving while Fatigued
- Failing to Yield the Right of Way
- Hit and Run Accidents
- Multiple Car Accidents
- Negligent Entrustment and Accidents
- Reckless Drivers and Road Rage
- Texting and Driving
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