Negligent entrustment is a legal basis for recovering against a person who negligently provided a second person with a dangerous instrument (such as a truck) that caused injury. The basis of this claim is that the person was negligent in providing the instrument to the second person because the second person was not qualified in some respect to operate the dangerous instrument.
In the context of negligent entrustment for a truck crash, proof of negligent entrustment generally requires:
1. Entrustment of a vehicle by the owner;
2. To an unlicensed, incompetent, or reckless driver;
3. The owner knew or should have known to be unlicensed, incompetent, or reckless;
4. The driver was negligent in the subject event; and
5. The driver’s negligence proximately caused the accident.
Regardless of the jurisdiction, however, the plaintiff must show that the owner, carrier, or entrustor (the person or entity allowing the use of the truck by the truck driver) was negligent in entrusting the vehicle. Since the driver’s competence and fitness are at issue, as well as the requirement that the entrustor knew or should have known of the driver’s incompetence, prior specific acts of the driver that indicate the incompetence or unfitness will form an essential part of the proofs. For example, a prior citation and conviction for driving while intoxicated have probative value in negligent entrustment.
As we investigate truck accident cases, we want to find out all of the information that we can about the truck driver, and the relationship between the driver and the company employing the driver. This information is often critical to determine whether certain types of separate legal causes of action are warranted against the trucking company for its conduct.
If such actions are warranted, then it is our job as your legal counsel to try to hold the truck company liable for its role in causing your injuries and damages so that you will recover all damages to which you may be entitled.
We Take Truck accidents Seriously
Call us today to schedule your free, no obligation private consultation. Once we learn about the facts and circumstances of your case, we can advise you as to the alternatives available for you to seek recovery against those responsible for your damages and injuries.
If you retain us, we will work for you on a contingency fee basis. This means that you will not owe us any fees unless and until we recover damages for you.