If you or someone you love has been injured in a car wreck by a driver who was not licensed or insured, you might still be able to make a claim for compensation with the aid of an experienced Dallas-Fort Worth personal injury lawyer. Depending on the circumstances of your specific auto accident, you might be able to bring a claim against the owner of the vehicle which caused your crash, even if someone else was driving.
Negligent Entrustment of a Motor VehicleUnder Texas law, injury victims are allowed to make a claim against an owner who permitted an unlicensed, incompetent or reckless driver to drive their vehicle. Although this is not a very common scenario, it can prove invaluable in winning full and fair compensation in certain situations. For example; a pickup truck crashes into you at an intersection and then flees the scene. You have no way of knowing who the driver was, but you manage to get the license plate in order to track down the owner of the vehicle. Although the owner might deny being the driver at the time of the collision, you can still make a claim against their insurance policy if the person they lent the truck was responsible for the wreck.
In order to bring a claim of negligent entrustment, Texas law requires that you are able to prove who actually owns the vehicle and that it was the driver of the vehicle at the time of the accident whose negligence proximately caused the crash to occur. You do not need to prove any negligence on behalf of the owner other than that they allowed (or did not object) the driver to use their vehicle.
Negligent entrustment claims allow innocent traffic wreck victims to recover just compensation to cover their medical bills, lost income and other accident-related costs in much the same way as a regular auto collision claim – the only difference is that since the driver does not have an insurance policy you can claim against directly, you are instead pursuing a claim against the insurance of the owner who gave them permission to drive their vehicle. In some cases, it is also possible to recovered additional exemplary damages based on the owner’s gross negligence in entrusting their vehicle to an unsafe driver.
Call Today to Speak With an AttorneyFor more information about negligent entrustment or your legal right to compensation in general, please call the board certified personal injury lawyers at the Anderson Law Firm for a free, no obligation consultation on your case. Call toll free at 800-354-6275 or locally at 800-354-6275.
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