Can Parents Be Sued For Their Child’s Car Accident?

Being involved in a car accident can be a traumatic experience, but it can be more distressing when the at-fault party is a minor. It also brings complicated legal issues. This is because you can technically sue a minor, but their parents or guardians are often the ones who may be held liable. If that’s the case, can you hold their parents liable instead for their child’s actions behind the wheel?

If a victim wants to pursue compensation, they may file a claim against the parents of the minor who caused the car accident. However, this situation isn’t straightforward and can involve several layers of liability. You may need an experienced car accident lawyer to help you navigate your case.

When Are Parents Liable For Their Minor Drivers’ Car Accidents?

Parents have legal responsibility over their underage children, which extends to their children’s actions and inactions. If their child causes a car accident, the victims and their injury lawyers may name them in a claim.

Specifically, parents can be held liable in these situations:

It is possible for the parent to be held liable in other situations as well. However, they’re not always responsible for every accident. You should consider bringing your case to experienced auto accident lawyers if you are injured due to an underage driver. They will investigate the incident to determine who may be responsible for the crash and what compensation might be available. They will also refer to the relevant laws and regulations that govern liability in a minor’s car accident, such as the following:

Vicarious Liability

Under vicarious liability laws, a person in charge can be held responsible for the wrongful or negligent actions of someone under their care. These rules normally apply to employers, but injury attorneys can also use them to seek accountability from parents for their children’s harmful actions.

Even if parents themselves didn’t commit the wrongful action, they can still be held civilly liable for the monetary consequences of their child’s actions. Essentially, they are responsible for the damages their child has caused, including property damage, medical expenses, and other losses.

Note that a parent’s vicarious liability is not limited to car accidents. The principle applies to any action that causes harm to another person.

Permissive Use

When parents explicitly permit their child to drive a car, they assume responsibility for the resulting damages. California (Vehicle Code Section 17708) imposes civil liability on the parents or guardians, regardless of whether the minor has a license. However, only the person listed on the title can be held liable. If only one parent is on the title, the other parent cannot be sued under this specific rule.

A lawyer handling car accident cases will also investigate the car owner. Section 17150 extends liability to the vehicle owner (other than the parent), even if they were not present in the crash. They can be responsible if they permit the minor to drive their vehicle.

Certain situations can also render the vehicle owner liable even if they didn’t explicitly give their permission to the minor. The doctrine assumes that they should have control over their vehicles. Failing to prevent unauthorized use can hold the owner (often a parent) vicariously liable for the minor’s actions in this context.

Family Purpose Doctrine

The legal rule of family purpose is a form of vicarious liability. A car owner may be held liable for the damages caused by someone generally allowed to use the vehicle. This doctrine assumes that the vehicle serves “family purposes,” and anyone, including the child, can use it for general use and enjoyment.

Negligent Entrustment

Under the legal theory of negligent entrustment, one party (the entrustor) is negligent when they allow an unfit driver (the entrustee) to use their vehicle, which can lead to an accident.

The lawyers who are handling your car accident case can hold the parent or guardian liable for entrusting their car to their child in these cases:

1. They know or should have known their child is incompetent to operate a vehicle safely.
2. They didn’t take steps to reduce the risk of their child driving a car.

Example:

The parent explicitly allowed their 17-year-old child to use their car. Although they knew the minor had a history of reckless driving, they didn’t attempt to teach the minor safe driving skills or rectify their behavior.

The teenager then drives to school, going beyond the speed limit. This time, they get into a head-on collision that injures and kills other people. In this scenario, the victims and their families can potentially sue the 16-year-old’s parents for negligent entrustment.

Driving Privilege Application Liability

California parents typically sign their children’s driver’s license applications. Vehicle Code Section 17707 automatically holds them jointly and severally liable for any damages caused by a minor’s wrongful or negligent act while driving.

Joint and several liability is a legal term used in civil cases where two or more parties share responsibility for damages. The victim of a car accident can sue the child, the parents, or both to seek compensation for the losses caused by the minor’s actions on the road.

Victims should consider consulting experienced car accident lawyers, who can help them understand their legal options and pursue compensation based on the specific losses they have suffered. Similar rules exist in other states, where anyone who signs the affidavit of liability for a minor’s driving license application can be held responsible.

Willful Misconduct

An accident refers to an event that occurs outside of anyone’s expectations. By this definition, it’s not a result of willful misconduct. However, what if there was an evident intent behind the car crash?

California Civil Code Section 1714.1 holds parents liable for their child’s willful misconduct. They are financially responsible for any resulting injury or death to another person, as well as property damage.

The statute limits their responsibility to $25,000 for injury-related damages. However, this rule only applies to cases of willful misconduct. There is no financial cap on accidents caused by negligence. In such cases, the parent may still be on the hook for all economic and non-economic losses, including pain and suffering.

A lawyer who handles car accident cases can walk you through these legal concepts. Other states have different variations of these statutes.

What If The Child Drove The Car Without The Parents’ Permission?

Even if the minor drove the car without their parents’ explicit permission, the parents may still be liable if an accident happens. However, the extent of liability depends on the particular circumstances. Here are some scenarios:

The Child Had Initial Permission To Use The Family Car

Suppose a family buys a car that the parents and their children can use. One of them, a 17-year-old, takes it out one day to go to the movie theater with their friends without their parents knowing. They were running late, so the teenage driver decided to run a red light. This negligent action led to an intersection accident. Can the parent be held responsible for the ensuing damages in this scenario?

The family purpose doctrine may still hold the parents accountable for the child’s actions. The court may consider that the driver had permission in the first place, regardless of whether they were aware of the specific instance of driving that led to the accident.

The Child Did Not Have Permission At All / The Parent Took Precautions To Prevent Unauthorized Use

What if the car wasn’t family-owned, and only certain people were allowed to use it? If the parent didn’t let the child drive the car, they might be able to argue that in court. They must prove that they expressly stated that the minor driver should not use the vehicle.

The parents may have also taken measures to prevent their child from accessing the vehicle. For instance, if they secured the keys and locked the garage, negligent entrustment laws might not apply.

In some cases, parents may still be considered negligent in failing to supervise their children. Parental civil liability laws will apply, even if the child acted without their permission.

Parental Liability Can Apply In Other Situations

The exact terms of parental liability can differ across the U.S. Some states, like California, have explicitly defined regulations regarding car accidents. Still, responsibility is not limited to these situations. Parents or legal guardians can be held liable for the minor’s negligent actions, such as:

• Intentional, willful, or malicious damage to real or personal property
• Intentional, willful, or malicious actions intended to harm other persons
• Property theft
• Bias offenses
• Misuse of a firearm

Parents and legal guardians can also be held liable beyond the traditional civil fault principles discussed above. Lawyers who handle car accident cases should be familiar with all relevant laws, enabling them to help you pursue fair compensation for your losses.

When Is A Parent Not Liable For Their Child’s Actions?

There are a few cases where the parent may avoid responsibility for the damages caused by their children, such as:

• The child is already 18, the age of majority in California. Therefore, the legal doctrines that apply to minors may no longer be relevant.
• The court has terminated parental rights, severing the legal parent-child relationship.
• The child is an emancipated minor. California can award emancipation to 14- to 17-year-olds.

How do you know if you have a valid claim against the parents? A consultation with lawyers experienced in car accident cases may help you gain some clarity. They can help you better understand the laws and exceptions that might apply to your case.

Determining Whether A Child Was Negligent In A Car Accident

Negligence in car accidents involving minor drivers will be examined a little differently. Although the driver’s behaviors leading to the accident will still be crucial, they won’t be measured against the same standards as a reasonable adult. Their behavior will be assessed based on their current age’s expected level of understanding.

Aside from age, the police, car accident lawyers, and insurance companies will look at the following factors to determine liability:

• Road conditions
• Surrounding circumstances, such as weather
• The car’s condition

If the investigation finds that a minor was negligent, the parents or guardians can be held responsible for their child’s actions. That said, this determination is made on a case-by-case basis. Experienced car accident attorneys can help you establish the other party’s negligence.

Why Minor Drivers Pose A Higher Risk On Our Roads

Accidents can happen to anyone at any age, but the likelihood of car crashes happening to teens increases due to certain risk factors, such as:

• Teenage drivers typically lack the driving experience necessary to react properly or promptly to dangers on the road.
• Less experienced drivers might be unable to identify potential road risks. For example, they might not recognize dangerous behaviors from other motorists, which more experienced drivers could spot. They might also not know how to slow down in slippery conditions, causing rain-related accidents.
• Young individuals driving with their friends can pose certain hazards, such as being distracted while driving and feeling pressured to drive recklessly.
• Some minors might not have enough exposure to the real consequences of actions like speeding or running red lights, treating them as a way to show off or seek thrills.
• Alcohol and drugs can have disproportionate effects on minors when compared to adults.
• Teenagers might overestimate their driving abilities, leading to dangerous behaviors like turning too quickly, speeding while driving at night, or following a car too closely.
• Younger drivers are more prone to emotional driving, which can result in road rage and aggressive driving. Moreover, extreme emotions can compromise focus, reduce reaction time, and impair decision-making skills. They could also get involved in a hit-and-run accident if they panic after a collision.

Parents who intend to let their kids drive usually choose the safest vehicles. However, the factors above will still be present, no matter how many safety technologies the car has. That’s why it’s also crucial to help them understand the risks and encourage them to make wise choices to prevent accidents.

What To Do When Your Child Causes A Car Accident

No matter who caused the motor vehicle accident, you must know how to protect your rights and your child’s. Follow these steps after a car accident to keep everyone safe and help cover your legal bases:

1. Prioritize Safety After the Accident — Check yourself, your child, and others in the vehicle for injuries. Call 911 to request police and medical assistance. If you’re able, move away from traffic. Allow the paramedics to assess everyone in the car, including you, even if you think it’s unnecessary. Some injuries, such as brain damage, are not apparent at the onset.
2. If You’re With Your Child’s Friends, Call Their Parents — Tell them about the accident and your current location.
3. While Waiting for Emergency Services to Arrive, Take Photos and Videos — Document the road conditions, vehicle damage, injuries, and any relevant signage or signals.
4. Exchange Contact and Insurance Details With the Other Parties — If there are witnesses, ask for their information as well.
5. Refrain From Admitting Fault — At this point, assume you don’t have all the information yet to know who exactly is to blame.
6. Follow Your Provider’s Process When Reporting the Accident — Provide them with all the necessary information. However, we strongly advise you not to provide more details than the basic facts. Keep any opinions to yourself and proceed to the next step.
7. Consult With Experienced Lawyers — If you or your child were injured in the accident, personal injury attorneys can help you understand your legal options.

Car accidents occur due to various causes, from brake failures to dangerous road conditions. It might be too early to conclude that your child or the other driver was solely responsible. Consider consulting with lawyers who handle car accident cases to help you clarify your rights.

What To Do When Your Child Gets Into An Accident Without You

What if you’re not at the accident scene? This situation can be nerve-wracking for a parent. Nonetheless, you must remain calm so you can properly guide your child.

1. If Your Child Contacts You, Reassure Them and Ask About Their Condition — Calm them down and carefully take note of what they tell you. Instruct them to move to a safe location, but not leave the accident scene.
2. Contact Emergency Services If No One on the Scene Has Already Done So — Doing so allows the police and paramedics to care for your child in the meantime.
3. Provide Instructions for Documenting the Scene and Exchanging Information — Tell them not to say anything to anyone except the basic facts. Ask if you can talk to the other people involved. Take notes while you’re talking to them.
4. Once You Meet With Your Child, Take Them to the Hospital — You should rule out any possible issue that might become a life-threatening condition later on. Car crashes can lead to severe, catastrophic injuries like spinal cord injuries and head trauma.
5. Consult a Lawyer — It doesn’t matter whether your child is the at-fault party or the victim. Seeking legal representation from a car accident lawyer can help you and your child protect your rights.

Statistics About Minor And Teen Car Accidents

Young drivers, although they only make up about 4% of all drivers in the U.S., are involved in fatal car accidents at a disproportionately higher rate than other age groups. The Insurance Institute for Highway Safety (IIHS) reported that the fatal crash rate per mile driven for 16- to 19-year-olds is almost three times higher than for drivers over 20.

In 2022, nearly 2,900 teenagers died in motor vehicle accidents, slightly down from 3,090 in 2021. Out of these, 2,034 were young drivers (ages 15-20) who died in traffic crashes in 2022. Additionally, about 56% of teenage passenger deaths happened in vehicles driven by another teenager. Overall, drivers aged 20 and under were behind the wheel in 8.5% of all fatal crashes in 2021.

Even minor accidents, like fender benders, can lead to unexpected costs and complications. In such cases, consulting experienced car accident lawyers can help victims and their families understand their legal rights, determine liability, and pursue the compensation they may be eligible for.

Frequently Asked Questions

Does The Parents’ Auto Insurance Cover The Damages Their Child Caused?

In most cases, yes. The parents’ insurance coverage may apply as long as the following conditions are met:

• The child has a valid driver’s license.
• The parents have added their child to the policy.
• The policy limit can adequately cover the damages.

A notable exception is if the car accident resulted from a criminal act. Talk to your insurance provider to learn about the extent of coverage for your child’s actions. You may also speak with a car accident lawyer to help you explore your legal options.

What Are The Financial Responsibilities Of A Parent In A Car Crash?

The parents may be liable for the following damages in a personal injury claim:

• Medical bills and injury-related expenses
• Property damage
• Pain and suffering
• Court costs and legal fees of the other party
• Therapy for mental health issues caused by the car accident
• Other losses suffered by the victim

Consulting a car accident claims lawyer can help parents understand their potential financial responsibilities. They can also guide them through the claims process to help address the damages they or their children may have suffered.

Can You Sue A Minor In California?

Yes. Minors can be held accountable for their actions. However, they’re often not the direct targets of a lawsuit. They typically have little to no assets, making them incapable of paying for your losses, even if they wanted to. Instead, car accident lawyers will generally have to file a claim against their parents or guardians.

What Happens If A Minor Driver Gets In A Car Accident?

Like everyone else, minor drivers will be investigated for negligence if they get into an accident. Depending on their actions, they might even face penalties, such as having their driving privileges restricted. However, they won’t likely face a civil lawsuit.

Meanwhile, if they were the victims, their parents could file a lawsuit for them with the help of an attorney who handles car accident cases. They can also pause the legal proceedings until they turn 18, at which point they have two years to file a claim against the at-fault party.

At What Age Is A Parent Not Legally Responsible?

Parental liability usually ends when the child reaches the age of majority, which is usually between 18 and 21, depending on the state. In California and most other jurisdictions, a person is no longer considered a minor once they reach 18.

However, some rules and laws can make one person liable for another’s negligence, regardless of age and relationship. A lawyer for car accident victims can discuss this further.

Are Parents Liable For Adult Children’s Car Accidents?

Parental liability might not apply anymore for the parents of an at-fault adult. Still, that doesn’t mean they can’t be held liable under other laws. There are many instances wherein the parents can still be held responsible if their adult child causes a car accident, such as in these situations:

• They bought a car for their child, who is over 18, but it is in their name.
• The parents allowed the person to operate the vehicle, even if they were unfit to drive, leading to drunk or impaired driving.
• They own the car that their adult child was driving when an accident occurred due to an auto defect or other similar causes.

Are There Other Parties Who Could Be Liable In A Car Accident?

The driver, their parents, or the vehicle owner aren’t the only ones who could be at fault in a traffic accident. For example, if the proximate cause of the crash is defective tires, the manufacturer might be held responsible under product liability laws. Here are a couple of other examples:

• If road hazards contributed to a highway construction accident, the company or contractor behind it could share responsibility.
• The trucking company can be held liable in a car vs. truck accident.

Identifying all the negligent parties in a car accident requires lawyers. They will investigate and work to pursue compensation from all potentially liable individuals and entities.

I Am An Undocumented Immigrant. Can I Still File A Case Against A Teen Driver?

If you’re in California, you have rights, regardless of your immigration status. You can sue anyone liable for your injuries in a car accident. Learn more about your rights as an undocumented immigrant by reaching out to a personal injury attorney.

How Do I Recover Damages After A Car Accident?

Here’s a brief rundown of the process of recovering compensation for a car accident:

1. Determine if you have legal grounds for a personal injury claim. You have to consult lawyers who practice personal injury for this step.
2. Identify the liable parties.
3. Calculate how much compensation you may be able to pursue.
4. File a claim with the at-fault parties’ insurance companies.

Each step is complicated, but the real challenge lies afterward. You will negotiate with stubborn insurance companies, prove their liability, and justify your compensation. In some cases, you might even take the case to trial. Seek assistance from experienced accident attorneys to handle your auto accident claim to make the process easier for you.

Do I Need A Car Accident Lawyer?

Many ask, “Do I need a personal injury lawyer for a car accident?” The answer is almost always yes. Whether you need one depends on how complex your case is and how severe your injuries are. An experienced injury attorney for car accident cases can help you in the following ways:

• Identify all negligent parties and applicable insurance policies.
• Prove liability by gathering evidence and information you might not have obtained on your own.
• Calculate the potential compensation based on your losses.
• Negotiate with insurance companies.
• Represent you in court, if needed.

Sometimes, victims choose not to hire lawyers for their car accidents because they believe their injuries are minor or they can handle the claims process themselves. However, they don’t know that the process involves several challenges that can be difficult for those not well-versed in the law. Cases involving minors are especially complicated, which makes an auto accident attorney’s experience valuable.

Most attorneys who handle car accident cases offer free initial consultations. Take advantage of this offer to learn what they can do for you and your family.

Planning To Sue A Minor Driver’s Parents? Let Our Car Accident Attorneys Help

Learning to drive a car is an important milestone for every child and their family. However, parents must still provide proper guidance and know their legal responsibilities if their child gets into a traffic collision.

Car crashes alone can be complicated. They become even more challenging to navigate when a minor is involved. Laws and legal doctrines may apply differently depending on the circumstances surrounding the accident.

Consider reaching out to Arash Law. Our experienced personal injury attorneys are well-versed in California laws related to collisions, including those involving minors. We also work on a contingency basis, so you don’t have to pay upfront fees.

Contact our lawyers who handle car accident cases at (888) 488-1391 for a free initial consultation. We will evaluate your case to identify potential liabilities and explore your legal options.

Our law firm represents clients throughout California, such as in Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, and Anaheim.