Are Parents Liable for Their 18-Year-Old’s Car Accident?

Once your child turns 18, you may breathe a sigh of relief, knowing that you won’t be liable for any more teen driving accidents, right? Not so fast. Florida parents may still have potential liability for accidents caused by their teen drivers, even if the teen in question is 18 or 19.

While an 18-year-old is considered a legal adult, and therefore should be legally responsible for any injuries or property damage they cause in a wreck, a few key legal concepts may affect any personal injury claim the other driver files.

If you’re involved in a wreck with a teen driver, it’s important to speak to acar accident lawyer right away. Florida laws regarding vicarious liability or negligent entrustment may affect your claim for compensation.

When are parents liable for 18-year-old car accidents in Florida?

Parental liability for accidents caused by their 18-year-old child isn’t automatic. In most cases, mom and dad aren’t held liable for accidents their adult child causes, as the law considers that child a legal adult with all the rights, responsibilities, and potential liability of any other adult.

Florida Family Purpose liability

If the parents own the car the teen was driving, they may be named as defendants under Florida’s Family Purpose Doctrine. This doctrine states that the parents can be liable if the teen was driving the car for a related purpose (getting groceries, taking a younger sibling to sports practice, etc.).

Your attorney may pursue legal action against the parents if the teen driver has insufficient car insurance coverage for your losses and the teen was using the car for a trip benefiting the family.

Negligent entrustment and parental liability

Negligent entrustment is a legal concept in which one party permits another to drive their motor vehicle without ensuring the driver can safely operate it. If a teen driver has a history of reckless driving behavior or negligent driving habits, and the parents knew about it or reasonably should have known about those habits, then they can be held liable for the damage their child does.

A Florida court reviews a parent’s knowledge of their child’s driving history. If a judge determines that the parent should have taken reasonable steps to prevent the child from harming others while behind the wheel, then the parents can be liable for the victim’s damages, especially if the parent knowingly provided access to the vehicle.

Vicarious liability and parental liability

Vicarious liability is another legal concept that comes into play with teen driving accidents, even if the teen is of legal age. Under this principle (which the Florida family purpose doctrine is based on), if the child is acting in the scope of parentally permitted activities and they cause a wreck, then the parents may be liable for damages in a wreck.

What are my legal options in an accident involving an 18-year-old?

Florida is a no-fault state for car accidents; drivers typically file a claim with their own insurance company. However, if you did not cause the accident and your damages exceed the coverage of your Personal Injury Protection (PIP), then you can file a lawsuit for damages against the at-fault driver.

A car accident lawyer can review your situation and advise you whether you can file a claim against the kid, parents, or both.

What happens if I’m sued for my 18-year-old child’s car accident?

Your first step, no matter what, is to retain the services of an experienced car accident attorney and follow their advice. It may be that your child is being railroaded by the other driver, who may be trying to take advantage of their youth or naivete. However, it may very well be true that your child carries the primary responsibility for the wreck.

You can still dispute fault in a car accident. In civil cases, such as a lawsuit for car accident damages, the plaintiff carries the burden of proof and must establish, by a preponderance of evidence, that the defendant was negligent and that their negligence caused the accident.

An attorney can investigate the incident to determine the other driver’s share of the blame. Information contained in each vehicle’s Event Data Recorder (like an airplane’s “black box,” standard in all vehicles manufactured after 2014), witness accounts of the other driver’s actions, and physical damage to each vehicle may clarify the issues of liability.

In Florida car accident trials, the winning party’s award is reduced by the percentage of the blame they contributed to the wreck. So, if your lawyer cannot fully clear your child of liability, they may be able to substantially reduce the amount you, as the parent, may owe the plaintiff.

Protecting parents from liability in teen driver accidents

If your 18-year-old has been involved in a car accident and you’re facing potential liability as a parent, Lytal, Reiter, Smith, Ivey & Fronrath is here to help. Our experienced attorneys understand the complexities of parental responsibility laws and will work diligently to protect your rights and seek the compensation you deserve. Don’t navigate this challenging situation alone—call us today at (561) 655-1990 for a free consultation.