What Is Negligent Entrustment in a Car Accident Lawsuit?


When the person behind the wheel causes a crash, they aren’t always the only party who can be held accountable. A legal principle known as negligent entrustment recognizes that the people who hand over the keys also bear responsibility for what happens next. If a vehicle owner allowed someone unfit to drive their car, truck, or motorcycle, that owner may share legal liability for the injuries that follow.

At Rodriguez & Associates, our Santa Maria car accident lawyers have a proven record of helping car accident victims and their families secure the full value of their claims. Let us help you. Call (661) 777-7575 or visit our contact page and schedule a free consultation to discuss your claim.

Defining Negligent Entrustment Under California Law

Negligent entrustment holds vehicle owners accountable when they permit someone reckless, untrained, or otherwise dangerous to drive their vehicle. Even if the owner was miles away from the collision, they can still face liability for the resulting harm.

A vehicle owner may be on the hook for your damages if they knew, or reasonably should have known, that the driver they handed the keys to fell into one of these categories:

  • Was impaired by alcohol or drugs
  • Was a minor without legal driving privileges
  • Lacked a current, valid driver’s license
  • Had a suspended or revoked license
  • Had a medical issue, such as poor vision, that made driving unsafe
  • Had a recent DUI or reckless driving conviction

The Legal Elements Required to Prove a Negligent Entrustment Claim

To successfully prove a negligent entrustment claim, you must establish each of the following elements:

  • The driver operated the vehicle negligently.
  • The defendant owned the vehicle or had it with the owner’s permission.
  • The defendant knew, or should have known, that the driver was incompetent or unfit to drive.
  • The defendant permitted the driver to take the wheel.
  • The driver’s unfitness was a substantial factor in causing your injuries.

Each element must be shown by a preponderance of the evidence, which is the standard of proof used in most civil cases. This means demonstrating that it is more likely than not that your version of events is true. 

Evidence That Strengthens a Negligent Entrustment Argument

Building a strong claim for negligent entrustment requires evidence that ties the owner’s knowledge to the driver’s unfitness. Useful evidence often includes:

  • Driving records
  • Prior DUI convictions
  • Suspended license history
  • Revoked license records
  • Toxicology reports
  • Police reports
  • Witness statements
  • Text messages or emails
  • Social media posts
  • Surveillance footage
  • Dashcam recordings
  • The driver’s medical records
  • Vehicle ownership documents
  • Statements from family members
  • Employment records

A California car accident attorney can issue subpoenas, request records, depose witnesses, and obtain documents that you would have no way of accessing on your own. Your lawyer will then organize this evidence into a clear, persuasive narrative that shows exactly what the owner knew before handing over the keys.

Reach Out Today If a Negligent Vehicle Owner Caused Your Injuries

The person who lent out the vehicle may have activated the entire chain of events that led to your accident. California law gives you the right to hold them accountable for the medical expenses, vehicle damage, and other losses that you have sustained. 

At Rodriguez & Associates, our attorneys dig into who knew what, and when, to make certain every responsible party is named. Contact us today and trust our car accident lawyers to trace your case back to its true cause.