Parents’ Liability for a Child’s Car Accident
According to Orange County accident attorneys, in certain circumstances, parents can be held liable for an automobile accident caused by their child. Whenever a car accident takes place, an injured person might file suit against the person or persons responsible for the motor vehicle accident. Children who were involved in an accident may be sued or may file suit, say Orange County accident attorneys.
Motorists’ Liability for Children’s Injuries
If a motorist is driving through an area where children may be playing such as a park, playground, school or residential area, he or she is expected to exercise reasonable caution. Children are known to run into the road when they see an object that interests them. Courts have frequently held that small children are not liable to protect themselves from motor vehicles. In other words, it is incumbent upon motorists to exercise caution and protect children from being injured.
According to Orange County accident lawyers, the determination of liability on the part of a motorist depends on whether another motorist in the same situation would have foreseen the possibility of an accident. If it was not evident that there was a significant risk of an accident or injury, then the motorist may not be found liable for a child’s injury.
Depending on the circumstances, a motorist should take action to avoid an accident by maintaining control of the vehicle, honking the horn, stopping or reducing speed when necessary.
Liability of Minor Children
Children, or minors, have the same obligation as adults to drive with reasonable care and avoid causing injuries. As Orange County accident attorneys can explain, courts often decide that children who engage in adult activities should be held accountable in the same manner is adults. In other words, if a child drives a motor vehicle and causes an accident that results in injuries, he or she may be subject to court action.
Liability of Parents for a Child’s Accident
According to Orange County accident attorneys, parents are not normally held liable for their child’s negligent driving. There are, however, situations in which a parent may be held liable for an accident caused by his or her child.
For example, a parent who knows that his or her child is reckless or incompetent and allows the child to possess a vehicle and drive may be found liable for a third party’s injuries. Parents may be found liable if it is determined that they failed to supervise a child who injured a third party.
The court may take the view that a child is the parent’s agent and, therefore, a parent can be held responsible for the child’s actions. If a parent enlists a child to drive to fulfill a family purpose and the child injures a third party, the parent may be held liable.
If your child has been involved in a car accident, you may want to speak with Orange County accident lawyers about the case. Please call the office of Russell & Lazarus APC at 949-851-0222.