What Happens If Someone Else Is Driving My Car and Gets in an Accident in Texas?

Car accidents are stressful for even the most seasoned driver among us, and yet, sometimes unique situations come up that lead to legal questions. For instance, what happens if someone else is driving my car and gets in an accident in Texas? Reach out to an experienced local Texas-licensed attorney for reliable legal advice about your specific situation.

What Happens if Someone Else Is Driving My Car and Gets in an Accident in Texas?

When you let someone else drive your car, you’re giving a significant amount of trust to them, and their actions can have both legal and financial consequences. Texas’ laws are complicated, especially those involving the negligence of someone else.

Negligence simply means carelessness, or that someone has failed to act with the same level of care and caution that an ordinary, reasonable person would use under the same circumstances. If their failure caused harm or injury to another person, they can be held responsible for negligence.

In the Lone Star State, when you drive a car, you’re typically responsible for any property or bodily injury damages if you cause a crash. However, things become much more complicated if the driver of the vehicle doesn’t actually own the vehicle.

At-Fault Party Responsibility

Texas relies on a fault-based insurance system, which means the at-fault party that’s responsible for causing the crash is liable for any resulting property or bodily injury damages. This is true whether they are the driver or the vehicle owner.

If you let someone else drive your vehicle and they cause a crash, the driver’s actions are investigated or analyzed to determine fault in order to assess responsibility for damages. This is important because in Texas, auto insurance is the primary coverage. In general, insurance coverage follows the car, not the driver.

In short, Texas law typically considers the driver operating the vehicle responsible for the accident, but there are some exceptions worth discussing with an attorney if you find yourself needing reliable legal advice specific to your own collision situation.

Negligent Entrustment in Texas

The owner of a vehicle may be held liable under negligent entrustment if they knowingly let someone unqualified or unfit to drive borrow their vehicle, and they cause an accident.

To prove negligent entrustment in Texas, a plaintiff would have to show:

• The vehicle owner gave permission to a driver who was unlicensed, incompetent, or reckless.
• The owner knew or should have known about the driver’s unfitness to drive, i.e., they didn’t have a driver’s license, they were intoxicated, they had a medical condition that made driving unsafe, or they had a known history of reckless driving.
• The driver’s negligence must also have proximately caused the resulting injury or damage.

Contact an attorney experienced with negligent entrustment claims to further discuss available recourse in these kinds of situations.

Call a Lawyer

A car accident lawyer can provide significant help with a Texas collision case. It’s especially important to call a lawyer after an accident involving a borrowed car if there are injuries, significant damage, or a dispute over fault. A lawyer can help discuss liability and communicate with the involved insurance companies. Reach out to an attorney with experience handling Texas crashes involving borrowed vehicles, like the team at The Stewart Law Firm.

About Us

The skilled lawyers at The Stewart Law Firm are here to answer your questions and explain how we build winning collision cases on behalf of our clients across Texas. If you need help, reach out to our team to hear about our available legal services right away. We can set up a free consultation with a knowledgeable lawyer familiar with Texas car accident liability.

FAQs

Are There Any Special Circumstances Where the Owner Might Be Responsible for a Collision?

Yes, Texas law includes a few special circumstances where you, as the owner of the vehicle, may be responsible for a collision involving another driver. These include: 

• Permissive use. Providing either explicit or implied permission for someone else to drive your car
• Business or commercial use. Using a vehicle for business or commercial purposes

Contact an attorney to discuss your specific situation and how we can help address liability.

How Can I Protect Myself if I Lend My Car in Texas?

There are a few steps you can take proactively to minimize your risk of liability when lending someone your car in Texas, including:

• Asking someone about their driving record
• Setting clear boundaries
• Understanding your insurance policy limits and policy language about permissive use
• Consider adding other drivers to your insurance policy if someone drives your car frequently, which can help provide extra protection and reduce any ambiguity if an accident does happen

What Steps Should I Take if Someone Else Is Driving My Car and Gets Into an Accident?

If someone else were driving your car and got into an accident, you should: 

• Work quickly to mitigate any consequences
• Make sure all insurance claims are filed promptly and properly with your insurance provider
• Consult a knowledgeable attorney familiar with Texas car accident collisions and personal injury law, as they can assist you with your situation and help minimize all financial losses

How Much Does It Cost to Retain a Texas Lawyer for an Auto Accident?

All Texas personal injury lawyers determine their own fees and costs for auto accident legal services. If an auto accident does occur, an attorney can provide invaluable assistance. If you need reliable support with a claim, reach out to The Stewart Law Firm. Our firm provides legal services on a contingency fee basis, which means you won’t pay any upfront fees and only pay us a predetermined portion of your settlement check or court award once you win your case.

Hire a Car Accident Lawyer Serving Texas Locals—Call The Stewart Law Firm About Your Car Accident Today

When you need to hire a car accident lawyer serving Texas residents, reach out to the experienced team at The Stewart Law Firm. From Austin to New Braunfels, we have extensive experience helping Texas families with a variety of car collision cases. Contact our office for a free initial consultation.