“While it seems like a fairly common practice, there are real issues that can arise when loaning out your car. It can get you in serious legal trouble if you loan it out to the wrong person.” – Dustin Fox, Owner of DFox Law

What is Negligent Entrustment

Negligent entrustment is a legal claim in Texas that holds a vehicle owner responsible when they allow someone who is unlicensed, inexperienced, or reckless to drive their car, and that driver causes a crash. The Texas Supreme Court has long recognized this principle. To prove negligent entrustment, a plaintiff must show:

1. The owner entrusted the vehicle
2. The driver was unlicensed, incompetent, or reckless
3. The owner knew or should have known of the driver’s condition
4. The driver was negligent in operating the vehicle
5. That negligence caused the plaintiff’s injuries

This doctrine exists to protect the public and to ensure that owners think carefully before handing over the keys.

Why It Matters in Travis and Williamson County

The numbers are sobering. In 2023, Travis County recorded more than 17,000 crashes and 160 fatalities, including 150 alcohol related deaths. Although that figure represented a 27 percent drop from the prior year, it still shows the devastating consequences of impaired or unsafe driving (Patino Law Office, Texas DOT data).

A City of Austin study further revealed that 77 percent of people killed in fatal crashes in Travis County tested positive for alcohol or drugs—a stark reminder of how many tragedies stem from impaired drivers (Austin Vision Zero report).

Williamson County is one of the fastest growing counties in Texas, with its population rising from just over 600,000 in 2020 to nearly 730,000 in 2024. With more residents, more cars, and longer commutes, the risks multiply. Loaning your car to an unsafe driver in Georgetown, Round Rock, or Cedar Park is not just unwise—it could expose you to liability.

The Broader Texas Context

Texas saw 4,291 traffic fatalities in 2023, and 1,127 of those deaths (26 percent) involved alcohol impaired drivers (TxDOT, 2023 crash facts). Statewide, a person was killed every 2 hours and 2 minutes in a motor vehicle crash. These numbers highlight the enormous responsibility that comes with vehicle ownership.

Why Attorneys Must Include the Owner

From a legal ethics perspective, attorneys in Texas are required to pursue all responsible parties to fully protect their client’s interests. If an injured person only sues the driver, the defense can later argue that the vehicle owner should bear part of the blame under Texas’s proportionate responsibility rules. If that happens, the injured person’s recovery could be reduced.

That is why personal injury attorneys often must include the owner of the vehicle in a negligent entrustment claim. It is not about being unfair to the owner—it is about ensuring that justice is done and that victims of negligence receive the compensation they deserve. It also helps identify available insurance coverage and makes sure that all sources of recovery are preserved.

Practical Advice for Local Drivers

If you live in Austin, Pflugerville, Round Rock, or Leander, here are a few steps to protect yourself:

• Confirm that anyone driving your car has a valid license
• Be aware of past driving history such as DUIs, accidents, or reckless behavior
• Do not loan your car to someone who appears impaired or unfit
• Remember that doing someone a favor is not a defense if tragedy strikes

Final Word from DFox Law

“Negligent entrustment is not about punishing good people—it is about protecting the community. If you loan your car to someone you know is unsafe, you are accepting the risk of what happens next. At DFox Law, we see the aftermath of these choices every day, and it is our duty to make sure that victims have every responsible party held accountable. Think carefully before you hand over your keys—it could save a life and protect your future.” – Dustin Fox