Legal Question in Civil Litigation in Texas

Re: liability in a car wreck

Based on the facts you have provided, I would find it very unlikely that you would be held liable for this wreck.

The only cause of action a potential plaintiff might have against you in this situation would be "negligent entrustment" -- that is, they would claim that you were negligent by entrusting the vehicle to your wife if you knew that she was a habitual drunk and that there was a reasonable probability that she may harm someone or harm someone's property by using the vehicle.

The problem with that cause of action, however, is that the court awarded your ex-wife the exclusive use of the vehicle. Presumably, you should have already had the title transferred into her name if she has previously been awarded the car, but I don't think that's relevant to any aspect of negligent entrustment.

If you begin to receive any form of correspondence regarding this accident from an attorney for anyone involved in the accident, you should absolutely seek legal representation at that time.