Head of Household Can be Liable for the Driving of Children, Spouse
Under Colorado's "family car doctrine," the head of household can be responsible for damages caused by the negligent driving of family members.
August 31, 2011
Head of Household Can be Liable for the Driving of Children, SpouseTeenagers account for over $25 billion in damages that result from accidents, according to the Centers for Disease Control and Prevention. For every mile driven, drivers aged 16 to 19 are four times more likely than other drivers to cause an accident.
Those statistics are one reason some states hold the parent liable for his or her child's negligent driving. Under Colorado's "family car doctrine," the head of household can be responsible for damages caused by the negligent driving of family members if:
-The head of household has control over the use of the car
-The vehicle is used by a member of the household
-The head of household gave permission, either express or implied, that the child or spouse could use the car
Examples include letting your spouse use the car out grocery shopping, or your child using the car to go out with friends.
The law stems from the concept of making owners and employers answerable for the actions of their employees. Similarly, the family car doctrine is meant to allow recovery in situations where a teenager, who may not have insurance or assets, injures someone through his or her own negligence.
Negligent Entrustment
Another common theory that allows recovery against a non-driving parent or spouse in car accidents is negligent entrustment. This theory holds that if you know, or should have known, that your child or spouse should not have driven, then when they injure someone in a car accident with your car you are responsible for damages. Common occurrences of negligent entrustment include letting a reckless teen drive, or letting your spouse drive your car when under the influence of drugs or alcohol.
Injured in a Car Accident?
When getting into a car accident, bills can pile up. Medical expenses, car repairs and the inability to work can interrupt daily life and force the victim of negligent driving into debt. If you have been injured in a car accident, contact an experienced personal injury attorney who can use legal theories like the family car doctrine and negligent entrustment to ensure that you receive fair compensation.
Article provided by Harshman and McBee, P.C.
Visit us at http://www.harshmanmcbeelaw.com