It is not uncommon for people to lend their cars to other drivers. If a person borrowing a vehicle causes an accident, though, the owner of the car may be found liable for negligent entrustment. A plaintiff must prove each element of negligent entrustment to recover damages, including the defendant’s ownership of the vehicle in question, and if they do not, the claim will fail. As discussed in a recent Texas case, Sauceda v. Quality Motors (No. 10-19-00422-CV), however, the person named on the certificate of title of a vehicle is not always the owner. If you were hurt in a collision caused by a person driving a borrowed car, it is advisable to speak with a skilled Texas car accident attorney to assess what claims you may be able to pursue.
The Facts of the Case
Reportedly, the defendant driver signed a contract with the defendant dealership that allowed her to take possession of the subject car. The contract stated, in part, that she could not sell the vehicle or leave it in someone else’s care without the defendant dealership’s express permission. It also included provisions regarding installment payments.
It is alleged that a month later, the defendant driver was involved in a head-on collision with the plaintiff. The plaintiff suffered critical injuries in the crash and subsequently filed a lawsuit asserting a negligence claim against the defendant driver and a negligent entrustment claim against the defendant dealership. The defendant dealership moved for summary judgment, and the court granted the motion, after which the plaintiff appealed. Continue Reading