In Texas, the owner of a vehicle may not be held financially liable for damages caused by his or her vehicle if it was stolen. However, there are exceptions to the law.
If the theft was foreseeable, and therefore avoidable, the registered owner of the vehicle may be held liable for any damages caused by negligent handling of the stolen vehicle.
A foreseeable theft could be one that may have been anticipated by the owner of the vehicle, such as the theft of a vehicle that was left unattended with the engine running. The Texas Code of Transportation states that it is against the law for a driver to leave a vehicle unattended unless the engine is turned off, the ignition is locked, and the keys are out of the ignition.
Proving the Theft Was Foreseeable
A thorough investigation may be necessary to prove the theft of a vehicle was foreseeable. Evidence that may be used to prove this could include testimony from an expert witness, like a locksmith, to prove a key was used in the ignition. Proving the keys were in the ignition may show the owner of the vehicle did not take proper care to secure his or her vehicle to avoid theft. Therefore, he or she could be held liable for damages.
There are other factors that may help prove a vehicle owner’s liability for a stolen vehicle accident. It would be in your best interest to discuss your options with our experienced attorneys as soon as possible.