The Texas Supreme Court recently issued a decision clarifying the situations in which vehicle owners and their employers can be held liable for motor vehicle accidents caused by someone who borrows the owner's car.
The case of G&H Towing v. Magee involved two tugboat quartermasters, William Colson and Joseph Violante. The men worked on the same boat, but kept different schedules. Since the boat did not have a regular route that allowed the departing worker to disembark at the same place he boarded, the two men worked out a car-sharing arrangement. Generally, the man who was ending his shift would drive home in the car of the man who was starting his shift.
On one particular evening, Violante borrowed Colson's car at the end of a shift and drove home. He later used Colson's car to drive to a bar. Violante became intoxicated and on his way home he caused an accident that caused the wrongful death of Douglas and Lois Magee.
Texas Negligent Entrustment Law
The Magees' adult children subsequently brought a lawsuit against a number of parties, including Colson and G&H Towing. Specifically, they alleged that Colson had negligently entrusted his vehicle to Violante and that as his employer, G & H Towing was vicariously liable for Colson's negligence.
Under Texas law, a vehicle owner can be held liable for a car accident caused by someone who borrows his car only if the owner was negligent in loaning out his vehicle. To prevail in a negligent entrustment claim, a plaintiff must be able to show that the owner knew or should have known that the borrower was an unlicensed, incompetent or reckless driver.
With regard to this particular case, the Court of Appeals ruled that Colson did not have reason to know that Violante was a dangerous driver. Although it acknowledged that Violante had a poor driving record, it held that Colson did not have a duty to independently investigate his friend's driving history. Absent a special relationship, a vehicle owner only has a duty to ensure that the person borrowing his car has a valid driver's license.
The Magees also argued that G & H towing should have vicarious liability for Colson's actions. Under Texas law, an employer can be held vicariously liable for negligence an employee commits in the scope and course of his employment. The Supreme Court of Texas held that G & H could not be held vicariously liable for Colson's actions because the court of appeals had previously found that Colson was not negligent as a matter of law.
The decision does not necessarily limit the rights available to injured parties. Rather, it affirms the long-standing legal tradition that the consequences of an accident should only fall on the parties responsible for causing it. However, it does illustrate how complicated car accident claims can be, especially when they involve wrongful death. If you or a loved one has been the victim of another driver's negligence, contact an experienced personal injury attorney who can help protect your rights.
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Andrew B. Sommerman is a lifetime member of the "Multi-Million Dollar Advocates Forum," a registered trademark of Million Dollar Advocates Forum, LLC
