Are Parents Responsible if their
Children Cause Injuries during a Car Accident in the Tampa,
Florida Area?
Parents are both proud and nervous about
the day their children learn to drive. They excitedly
watch their teenage son or daughter pulling out of the
driveway in the family car, off to a new world of adventures.
Deep in their hearts, however, parents also fear the possibility
of their inexperienced teenagers getting into a car accident.
Whether your teenager is driving to
a Tampa high school every day or Clearwater Beach on the
weekends, you may wonder about your own liability if your
child were to get into a car accident that causes injuries
to others. Your concern is valid because in the state
of Florida, parents can be held financially responsible
for car accident injuries and property damage caused by
their children.
For instance, if you
are a parent or legal guardian, you can be held responsible
for your children's car accidents in a number of different
ways, including:
- If you own the vehicle your child
is driving, you are automatically responsible for an
accident, as if you were driving the car yourself. This
is one reason why some parents prefer to title a vehicle
in the child's name, making the child the legal owner
of the car he or she is driving. However, this may not
solve the liability issue if the child is a minor or
if the child is listed on the parents' auto insurance
policy.
- If your child is under the age of
18, you are required by Florida law to sign your child's
application for a license. By signing for your child's
learners permit or drivers license, you are legally
responsible for your child's actions according to Florida
statute 322.09, which states: "Any negligence or willful
misconduct of a minor under the age of 18 years when
driving a motor vehicle upon a highway shall be imputed
to the person who has signed the application of such
minor for a permit or license, which person shall be
jointly and severally liable with such minor for any
damages caused by such negligence or willful misconduct."
- By adding your child to your car
insurance contract, or by signing on a car insurance
policy with your child, you are accepting liability
in any accident in which your child is at fault, just
as if you were the driver in the accident.
On the flip side
of the coin, you may also be concerned about the possibility
of being injured in a Tampa Bay area car accident
that was caused by a minor. If this were to occur, would
you be able to hold the minor's parents responsible for
paying your medical bills and other damages?
Since every car
accident case is different, you should consult with a
Tampa car accident attorney
about the possibility of parents being held liable for
damages caused by their children. Some additional situations
that may come into play in parental responsibility cases
include:
- Knowing a child is an incompetent
and/or reckless driver, but giving that child permission
to drive anyway
- Furnishing a child with alcohol
- Giving the child permission to drive
the family car, particularly if the child is driving
on a family errand at a parent's request
A parent may
be responsible in the situations above under a cause of
action called negligent parental supervision. A parent
is held responsible, for example, for entrusting a vehicle
to a minor when they should have known because
o f the minor's immaturity, past conduct behind the wheel,
etc. that causing an accident was possible. Or, if the
minor has a habit of speeding, the parent may be held
responsible for their failure to exercise control of their
child.
If you or your child was injured in
an accident in which the at-fault driver was a minor,
or if you have any other car accident injury matters and
you would like an attorney's opinion, please contact Tampa
auto accidents lawyer Dale Appell, P.A. for a free initial
assessment of your situation.
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