Are Parents Responsible for Injuries Caused by Their Children?

If you’re injured in an accident caused by a minor, their parents may be at fault.

To ensure maximum compensation, it’s in your best interest to speak with a local car accident attorney ASAP before you accept any settlements from the insurance company.

Key Takeways:

Parents may be held liable for damages and injuries caused by their children in a car accident.
Laws vary by state and the circumstances of the crash.
In Kentucky, injured parties can sue the parents of a driver under state statutes and common law.
Seeking compensation from parents can result in higher payouts.

Parents Have Statutory Responsibility for Minor Children in Kentucky

In Kentucky, the statutory section of KRS 186.590(1) clearly states that:

Any negligence of a minor under the age of eighteen (18) who has been licensed upon an application signed…when driving any motor vehicle upon a highway, shall be imputed to the person who signed the application, if required, of the minor for the license. That person shall be jointly and severally liable with the minor for any damages caused by the negligence.

Joint and several liability means that if there is more than one defendant, a successful plaintiff can seek payment from one or both by any amount they see fit.

The next part of the statute gives an exception when the minor, to get a license, shows proof of financial responsibility, then the parent isn’t liable. A parent (or any vehicle owner involved) could also be held liable under the third part of the statute, which states:

Every motor vehicle owner who causes or knowingly permits a minor under the age of eighteen (18) to drive the vehicle upon a highway, and any person who gives or furnishes a motor vehicle to the minor shall be jointly and severally liable with the minor for damage caused by the negligence of the minor in driving the vehicle.

Under the statute, as long as you can show the minor negligently drove, the parents who signed for his license and or provided the vehicle may need to compensate you for the harm you suffered in an accident.

Parents May Also Be Liable Under Common Law – Negligent Supervision

If the statutes fail to provide an avenue for recovery, another option is common law. These cases fall under what’s called “negligent supervision,” which is based on the fact a parent must exercise reasonable care to ensure their minor child doesn’t intentionally harm another or create an unreasonable risk of bodily harm to another. Liability can occur if, failing to exercise that due care, the parents make it possible and probable the child will injure someone else.

The plaintiff (you, the injured party) needs to prove the following:

A duty or obligation by the defendant
That duty is breached
An injury is caused
The breach is the factual and legal (or proximate) cause of the injury
Kentucky law obligates the parents to compensate you for the harm you suffered

The parent must exercise reasonable care to control their minor child to prevent them from intentionally harming others or creating an unreasonable risk of bodily harm to others if the parent:

Knows or has reason to know they can control the child
Knows or should know of the need and opportunity to exercise that control

The parent’s duty to control a minor child is based on the foreseeability of the child’s dangerous conduct. The child need not have done the same thing before. The duty to control the child may arise when:

The child previously committed a very similar act
Some circumstances make it foreseeable that the child might later commit the same act again

Parents are not required to see the future. They can’t be liable if the child hadn’t shown the behavior in question in the past, or if they had, the parents were unaware of it and should not have been aware of it.

Under the statute, if the parents signed for the minor’s license and or provided the vehicle, the plaintiff need only show the minor driver negligently caused the accident. With a common law claim, you’d need to show the minor driver’s and the parent’s negligence in providing the vehicle.

Why Holding the Parents Responsible Can Impact Your Settlement Claim

When you’re injured in a car accident, you can sue the at-fault party for damages. If the injuries are caused by a minor, their insurance may be more limited compared to going after their parents directly.

Suing the parents for negligence means you can potentially go beyond the auto insurance policy of the driver.

There may be additional compensation if the parents have a personal umbrella policy, which likely extends to their minor children.

Speak To a Satterley & Kelley, PLLC Vehicle Accident Injury Lawyer Today

If you’re the victim of an accident caused by a minor driver, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation for your injuries and losses.

Schedule a free initial consultation so we can discuss your case. Call our Louisville office at 855-385-9532, locally at 502-589-5600, or complete our contact form online.

FAQs

Are parents liable for children’s car accidents?

Yes, parents can potentially be held liable for car accidents caused by their children.

Are parents responsible for bodily injuries caused by their children?

Yes, in addition to property damage from an automobile accident, parents can also be held liable for injuries caused by their children. This can include medical bills, surgeries, rehabilitation, pain and suffering, and more.

Are parents liable if their adult children are in a car accident?

Generally, parents are not liable for car accidents caused by their adult children. But a parent may be included on a claim if they own the vehicle, co-own the title, or insure the vehicle.

Are parents responsible for car accidents caused by their child who doesn’t have a license?

Yes, parents are typically liable if an unlicensed teenager causes a car accident. Especially if they own the vehicle or facilitated the teen’s driving.

Can you sue a minor for a car accident?

Yes, if you were in a car accident with a minor, you can sue them for damages. All drivers in Kentucky are responsible for their actions on the road, regardless of their age. But since minors often don’t have many assets, it’s common for claims to be pursued against their parents or their family’s auto insurance policy.e can discuss your case. Call our Louisville office at 855-385-9532 or complete our contact form if it’s more convenient.