A Parent May Be Liable for Child's Negligent Driving

May 14, 2011

A Parent May Be Liable for Child's Negligent Driving

Family Purpose Doctrine Holds Owner of the Car Responsible for Injuries

It is a time-honored tradition to lend out the family car for prom and other important events in a child's life after he or she learns to drive. Allowing your teen to drive can cause worry to parents for many reasons. The main concern, of course, is for the safety of your child and others on the road. In some states, however, parents must worry because letting your teen drive your car can bring a financial liability for the parent as well.

This is because some states have what is called the family purpose doctrine, also sometimes known as the family car doctrine. These states hold that when a car owner knows and allows a member of the family to use the car, then the car owner is liable for whatever resulting injury the negligent driving caused.

Fewer than 20 states have this rule. The object is to allow people who have been harmed by the negligent driving of teens to recover medical costs and other expenses. It can also serve to make parents very aware of their responsibility in making sure their children are careful when driving.

The child doesn't have to be a minor for the family purpose doctrine to apply. If the child lives with the parents and still uses the family car, the parents can still be liable. This is true even if the child is financially independent.

Negligent Entrustment

Even if your state does not follow the family purpose doctrine, another common law that may provide liability for parents is negligent entrustment. This doctrine provides that if a parent knows or should know that a child should not drive -- such as if he or she is a reckless driver, or is intoxicated -- then the parent who allowed the child to drive was negligent in letting them go out and harm someone in a car accident.

Teens are More Likely to Crash

According the Centers for Disease Control and Prevention, teens are four times more likely to be involved in a car accident than other drivers. In fact, they account for over $25 billion worth of accident costs every year. If you have been injured in an accident, contact an experienced personal injury attorney.

Article provided by Law Office of Donald J. Sharp
Visit us at http://www.donaldsharplaw.com