Parental Negligence Laws Related to Driving

Parents in the United States have traditionally been immune to lawsuits for negligence by an injured child, but state laws on this topic now vary and complete immunity is no longer the standard. Parents can also be held responsible for the negligent behavior of teen drivers in some situations, but, again, the laws are different in different states.

  1. Parental Immunity

    • Under the parental immunity doctrine, children could not sue parents for injuries even if the parents had behaved negligently. A strict interpretation of this doctrine would protect a parent from being sued by an injured child after a car accident, even if the accident was caused by the parent's reckless driving. However, a series of court decisions and changes to state law have either weakened or abolished the parental immunity doctrine in every state. For instance, the state of Washington still maintains the parental immunity doctrine but makes an exception for negligent driving. A child injured in a car crash caused by parental negligence in Washington can take the parents to court for damages, according to an article by the Davis Law Group.

    Teen Drivers

    • Some states hold parents accountable for car accidents caused by their teenaged children and some don't. According to an article by the Shelly Leeke Law Firm in South Carolina, parents in that state would not normally be held responsible for a car accident caused by a teen. However, they could be found negligent if they allowed the teen to drive even though they knew she was a bad or careless driver. They could also be found negligent if the teen was using the car to work for the family business or run family errands.

    State Laws

    • Some states, including Hawaii and Florida, hold parents responsible for the negligence of teen drivers only if they personally signed the teenager's application for a driver's license. Other states, including Delaware and California, hold parents potentially liable with no limitations. Connecticut holds parents liable for any damages to a car stolen by their teenaged child. Because the laws vary so much in different states, parents should check the statutes in their own state before helping their teen buy a car or apply for a license.

    Misconduct

    • In many states, parents cannot usually be held responsible for their teen's negligent driving at all. However, willful misconduct is a separate concept from negligence. A teen who causes an accident by failing to signal may be negligent, but a teen who drives into a parked car because he's angry at the owner is guilty of willful misconduct. In many states, parents can be held responsible for the willful misconduct of a teen driver even if they can't be held responsible for the teen's negligence. In states that still recognize the parental immunity doctrine, willful misconduct by the parent would also void the immunity.

    2. Previous:

    Next:

    • How to Make Groceries Last
      Some of you may have a spouse or children that deplete the groceries before you can get them out of the bags and put in the cupboards. But there is a way to stop your groceries from disappearing within the first hour of purchase, and even make them l
    • How to Stop Twins Fighting
      If you’ve been blessed with a set of twins, you’ll have double the memories and love, but you may also have to pull out some creative parenting skills to keep your household running smoothly. If you expect your twins to share every toy, i
    • Activities to Describe Resourcefulness to Children
      Resourcefulness is the ability to make the best use of materials you have, even using things that are old or seem to be of little use. Teaching your child to use resources wisely can encourage gratitude and may enhance creative thinking and problem-s