Blog

Are Parents Liable for Their Child’s Car Accident?

Car Accidents

One of the biggest questions parents have when their child takes the family car is who is responsible for damage or injuries in an accident and is it important whether or not the child has permission to take the car?

The Family Car Doctrine

Every state has enacted laws dictating parental liability for the acts of their children. Almost half of all states apply the family car doctrine to these situations. The family car doctrine states that the owner of an automobile is liable for any damage incurred by a family member using the car.

If the child is a minor or a legal dependant, even if the child is over 18, parents will be liable for any damages incurred in a car accident. However, if a child takes the family car without the knowledge of their parents, the parents may claim that they did not give consent and therefore should not be liable for any damage.

Vicarious Liability and Negligent Entrustment

In states that don’t use the family car doctrine, vicarious liability and negligent entrustment can be applied to hold parents responsible for their child’s accident.

Vicarious liability and negligent entrustment state that an individual who did not cause an injury could be legally liable for damages if they have a special relationship with the person who did cause the damage. This doctrine is applied when the parents should have known that the child was not capable of driving competently.

Were You Injured in a Car Accident and Need Legal Help? Contact Us.

In states that don’t use the family car doctrine, vicarious liability and negligent entrustment can be applied to hold parents responsible for their child’s accident.

If you or someone you love has been injured in a car accident and need an effective and experienced car accident lawyer, Rockland Injury Lawyers are waiting to help. Our car accident lawyers have been handling car accident cases for over 50 years. You can count on us to fight on your behalf to secure the compensation you deserve for your injuries. Call us at 845-709-8005, 800-940-1799 or email us at jeff@rocklandinjurylaw.com or reuven@rocklandinjurylaw.com.

Share on Google+0Share on Facebook1Tweet about this on TwitterPin on Pinterest0Share on Tumblr0Share on StumbleUpon0
 
Tags: , ,

Leave a Comment

seventeen − 7 =

Disclaimer : This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.