Am I Liable for my Child's Car Accident?

“Be careful when you give Junior your car.  Parents can be held accountable for auto accidents in some cases.”

What's a father's worst fear?  Let's see...how about his son or daughter dating for the first time?  Or maybe retiring a few years too early?  Nah, a father's absolute worst fear is being held accountable for his child's crazy driving!  And of the reasons this is such a legitimate fear is that in some cases, a parent may be held legally accountable for a child's auto accidents and all related damages and injuries.

If you were to contact a Daytona attorney you could learn more about the matter.  However, we can review a few basic facts right now.  First, not ALL accidents that occur will be your fault.  Some of them will be attributed to your son or daughter's behavior and leave you out of the picture entirely.  However, some cases may implicate you as well, usually in the claim of negligence.

The court may decide to hold you responsible if any of the follow is true:
    • You are in the same household as your son/daughter and are considered head of the house.
    • The vehicle is considered a family leisure vehicle.
    • You gave your son or daughter express permission (or implied consent) to operate the vehicle.
Usually, fathers who want to distance themselves from youthful disregard have to prove in court that they did not offer permission, and thus should not be held liabile.

Of course, after consulting with a Daytona attorney you will be instructed as to how the court case may proceed.  Each court will have to decide these cases on an individual basis.  Even the term “head of the household” can be interpreted differently.  The court will spend much of the case considering your relationship to the child and whether you are acting financially responsible for the child in other matters.

While you are not certainly doomed, even if your teen or 20-year-old child is involved in a major car incident, don't assume anything.  In some cases, courts have decided that parents are liable for car claims and personal injuries even if the child does not live in the same house.  The Daytona court can still decide that a vehicle is adding to the pleasure of the entire family, even if it is solely in the hands of a young motorist.

So this is a delicate issue for sure, and it is imperative that you seek help from a qualified Daytona lawyer with experience in auto accidents.  Kenny Leigh and Associates offers assistance in these matters and you can view real time case resultsanytime you log in.

By Kenny Leigh

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