You probably wouldn’t mind letting a trusted friend or family member borrow your car for the day. But what happens when that friend can’t be trusted? What happens when they drive recklessly or under the influence and cause an accident on the road?
Negligent entrustment of a motor vehicle is when someone knowingly lends their car to an unsafe driver. If that driver causes an accident, liability extends to the vehicle’s owner.
This article unpacks the legal definition of negligent entrustment with examples. It explains how liability is shared in car accidents, who can be held liable, and how to prove negligent entrustment in a personal injury case.
What Does Negligent Entrustment Mean?
Negligent entrustment is when a vehicle owner knowingly allows an incompetent, reckless, intoxicated, or unlicensed person to drive their car. They decide to let the person operate the vehicle even though they know the driver should not be trusted.
Permission to use the vehicle does not have to be in writing or given verbally. Even if the car owner simply implies that vehicle use is allowed, it can count as negligent entrustment of an auto. It is a different legal concept from ordinary driver negligence. Driver negligence penalizes the driver for their actions, while negligent entrustment holds the owner accountable for an unsafe decision.
Common Examples of Negligent Entrustment in Car Accidents
At its core, negligent entrustment is caused by a bad decision by the vehicle owner. In each example below, the owner allows an unsafe driver to get behind the wheel.
- Lending a car to an intoxicated person. This applies even when someone is not visibly intoxicated. But the owner knows they consumed alcohol or illicit substances before driving.
- Allowing an unlicensed driver to operate a car. This directly violates CVC § 14606.
- Letting someone with a history of reckless driving or traffic violations use a vehicle.
- Providing a company vehicle to an employee with a suspended license.
- Letting an inexperienced driver use the car, even if they have a license.
- Renting a car to someone without inspecting their license, which violates CVC § 14608.
- Allowing someone with known medical impairments or disabilities to drive a car. Such conditions include sleep deprivation, dementia, night blindness, and seizures.
- Parents allowing an unlicensed minor under 18 years old to drive their vehicle.
What Factors Must Be Proven in a Negligent Entrustment Claim?
According to California Civil Jury Instruction No. 724, five elements must be proven in every negligent entrustment claim. Each of these elements must be supported by evidence.
1. Ownership or control of the vehicle
The person you’re accusing of negligent entrustment (the defendant) must either be the legal owner of the vehicle or have had control over it when driving permission was granted. You can prove ownership by presenting the vehicle registration papers. Proving vehicle control by a non-owner is slightly more nuanced.
For example, a person renting a car for the weekend is not the owner, but they have signed for control over it. That means they are held responsible should they allow a friend to drive the vehicle. In this case, the auto rental agreement can be used as evidence to prove control over the car.
2. Entrustment of the vehicle
The vehicle owner or controller must have willingly allowed the unsafe driver to operate the car. You can prove this by presenting text messages, emails, or other forms of communication proving that permission was granted. If the permission was verbal, witness testimony is sufficient.
Permission to use the vehicle does not have to be expressly given for it to qualify as entrustment. Implied permission also counts. For example, if someone leaves the car keys in a shared space, knowing their unlicensed teenager or reckless roommate routinely uses their car without asking. Unauthorized vehicle access does not qualify as entrustment.
3. Driver’s incompetence or unfitness
You must prove that the driver was unfit to safely operate the vehicle. You can do this by presenting evidence of previous reckless driving or DUI convictions. This evidence proves that entrusting a car to this driver created a foreseeable risk of harm.
Unlicensed drivers are automatically seen as unfit because they have not legally proven themselves to be competent on the road. Even if the driver does have a license, you can still prove they were unfit to operate the car by focusing on a lack of driving experience or physical impairments that reduce their reaction time.
4. Owner’s knowledge of the risk
The owner or controller of the vehicle must have known that the driver was a safety risk before giving them access to the car. This is the most crucial point of all negligent entrustment cases. If they didn’t know or could not have reasonably known, it does not count as negligent entrustment.
The evidence you use to prove the owner’s knowledge of the risk varies by situation. For negligent entrustment between friends and family, witness testimony and communication records are most useful. When the person was driving for work, you can present their motor vehicle record, which the employer must check under federal law (49 CFR § 391.23).
For example, if a truck driver has a suspended license, it would show up on their motor vehicle record. When someone hires that driver, and they later cause a crash, it’s negligent entrustment because the company clearly did not check the motor vehicle record before hiring.
5. Causation and resulting damages
Finally, the driver must be responsible, or at least partially responsible, for the accident. You must prove their fault with evidence. This evidence can include witness testimony, dashcam footage, pictures of the scene, or even testimony from an accident reconstruction expert.
Proving the driver’s negligence determines what damages you can recover in a personal injury case. For example, medical expenses, lost income, property damage, and the pain and suffering you endured. It also supports a negligent entrustment claim against the vehicle owner.
For a successful case, all five of these elements must work together. The driver must be at fault, and the owner or controller of the vehicle must have willingly allowed them to use the car, despite prior knowledge of recklessness or incompetence.
Who Can Be Held Liable for Negligent Entrustment?
Liability in negligent entrustment cases extends beyond the at-fault driver. The person who knowingly entrusts the car to the unsafe driver may also be held responsible. The following parties commonly face liability for negligent entrustment of a motor vehicle.
Parents Who Allow Unsafe Teenage Drivers to Use a Vehicle
California Vehicle Code § 14607 makes it illegal for parents to let their teenage children operate a car without a license. Even if the child has a license, parents can still be held liable for negligent entrustment if the teen has a known poor driving record or a history of reckless behavior.
For example, if the teenage driver has been charged with repeated traffic violations, and their parent continues to allow them to drive unsupervised, that parent is guilty of negligent entrustment. Parental liability depends on what the parent knows or reasonably should have known.
Employers Who Provide Company Vehicles to Unfit Drivers
In California, employers are mandated to keep up-to-date driving records for all their drivers under California Vehicle Code § 1808.1. These records come from the DMV and show a history of accidents, DUIs, license suspensions, and traffic convictions. Employers use these reports to decide whether a driver is fit for hire.
If a commercial driver with a history of bad driving causes a road accident, their employer can be charged with negligent entrustment of a motor vehicle. In this situation, the employer has ignored the warning signs in the driving records. They are negligent because they willingly entrusted a company car to an unsafe driver.
Family Members Who Entrust Vehicles to Dangerous Drivers
If a vehicle owner lends their car to a spouse, sibling, or family member who they know is an unsafe driver, they may be guilty of negligent entrustment. Being family to the unsafe driver does not automatically create liability. Liability arises only when the car owner had prior knowledge of the driver’s incompetence.
The vehicle owner must have been able to foresee the danger of lending their car to the driver. Their negligence must have been avoidable with reasonable judgment. For example, if a sister allows her intoxicated brother to drive her car home after a night out, she will share liability for the accident.
How Does Negligent Entrustment Affect Compensation?
Negligent entrustment affects the compensation available to you in a personal injury case by creating additional sources of funds for recovery. Liability is generally shared between the driver and the vehicle owner. That means you can claim damages from both parties.
Examples of damages you can claim in a negligent entrustment case include medical expenses, lost wages, property damages, and pain and suffering. Medical expenses cover the hospital bills for your immediate injuries and the cost of future rehabilitation and medical care.
The same goes for lost wages. You can recover compensation for lost work hours during recovery and reduced earning potential if your injuries affect your future ability to work.
What Evidence Can Help Prove Negligent Entrustment?
Evidence is crucial in helping you prove liability for a road accident. The following types of evidence can help prove negligent entrustment of a motor vehicle.
Driving Records and Prior Traffic Violations
Driving records are often the first source of evidence in a negligent entrustment investigation. Evidence of repeated license suspensions, speeding tickets, reckless driving, and other traffic violations can help establish that the driver was unfit to operate the vehicle. The vehicle owner must have known about the driver’s history before permitting them to use the car.
DUI Convictions and Criminal Driving History
DUIs are strong proof of dangerous driving behavior. If the vehicle owner knew (or should have known) about previous DUIs, those DUIs can strengthen a negligent entrustment case. Knowing about prior DUIs or other criminal offenses, such as a hit-and-run, establishes that the owner knew the driver was unfit to operate a vehicle.
Text Messages and Communication Records
Texts and emails can show that the owner gave the driver permission to use the vehicle. Even if they did not grant permission explicitly, recent communication with the driver can still prove implied entrustment of the car. Message records can also sometimes support claims of driver intoxication or unsafe behavior.
Witness Testimony
Testimonies from passengers, bystanders, or family members close to the driver can confirm the driver’s condition at the time of the accident. They can also help prove that the car owner verbally granted permission to use the vehicle. Consistent statements from different groups of witnesses strengthen the credibility of the evidence.
When Should You Contact a Car Accident Attorney?
You should contact a car accident attorney if you’ve been injured in an accident involving negligent entrustment of a motor vehicle. These cases often require extensive investigation and evidence gathering, which an attorney can help you navigate. Consider reaching out to a lawyer if any of the following apply to your accident.
- You or a loved one sustained severe injuries.
- The driver’s insurance is disputing or denying your claim.
- The driver does not own the vehicle or was using a company car.
- The driver was uninsured or underinsured.
- The vehicle owner refuses to release driving records or other evidence.
An attorney can help determine liability for the accident and evaluate the level of compensation you may recover. They can support you throughout the legal proceedings and help file an insurance claim or personal injury lawsuit.
Get Legal Guidance Pursuing Your Compensation From HHJ Trial Attorneys
Being injured in a car accident, especially one where negligent entrustment was involved, can be emotionally exhausting with real financial implications. To recover compensation, you will need to prove the car owner knowingly entrusted their vehicle to an unfit driver. This requires evidence of vehicle ownership, permission granted, driver fault, and knowledge of the driver’s incapacity.
Working with an experienced personal injury lawyer can make evidence gathering easier. HHJ Trial Attorneys can help you collect the documents and witness testimonies you need to build a strong negligent entrustment case. If you’re considering filing a claim, contact us for a free consultation first.
