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When an individual is injured in a car accident, they have the option to either file an insurance claim or pursue legal action against the driver responsible for the accident. However, when the driver at fault is a minor, questions arise regarding the parents’ responsibility for the damages and injuries incurred. In such cases, consulting with an experienced car accident lawyer can provide valuable guidance.
When Are Parents Liable for Car Accidents Injuries Caused by Their Minor Children?
In Oklahoma, a parent’s liability for their teenager’s car accident is determined through the doctrine of “negligent entrustment” rather than solely the parent-child relationship. This doctrine is applicable when a vehicle’s owner or controller permits another individual to use it, knowing or having reason to believe that the individual is likely to use the vehicle in a way that poses an unreasonable risk of harm to others.
The Oklahoma Supreme Court in Green v. Harris established that for a claim of negligent entrustment to be supported, it must be demonstrated that the vehicle’s owner or controller allowed another to operate it, was aware or should have been aware that the driver was careless, reckless, and incompetent, and that an injury resulted from the driver’s negligent operation of the vehicle Green v. Harris, 2003 OK 55. The court also noted that the question of negligent entrustment is typically a factual one for the jury, which can be proven by circumstantial evidence.
The court clarified that liability for negligent entrustment does not strictly depend on the legal ownership of the vehicle. Evidence showing that parents exercised control over the car and played a role in providing the vehicle to their child was sufficient to establish potential liability.
The court recognized that owners are liable for knowingly allowing unqualified persons to operate motor vehicles. However, liability also exists independent of statute, and parents’ awareness of their child’s reckless driving habits while still providing a car could attach liability.
Thus, in Oklahoma, parents may be held liable if their teenager causes a car accident, provided it can be shown that the parent negligently entrusted the vehicle to the teenager, knowing the teenager was likely to use the vehicle in a dangerous manner. The determination of such liability depends on the specific case facts and is typically a question for the jury.
Regarding lawsuits, the plaintiff’s success largely hinges on proving the parents knew their child was using the car. A precedent set by the Oklahoma Supreme Court in 1924, Stumpf v. Montgomery, sheds light on this issue. In Stumpf, the Court stated:
“In an action against the owner of an automobile to recover damages for an injury inflicted by the negligence of the minor child of such owner, in driving the automobile, the plaintiff is not entitled to recover, unless the injuries were the proximate result of the negligence of the driver and unless such driver was the agent or servant of the defendant and was at the time of the accident acting within the scope of his employment or agency.”
This means that for a plaintiff to receive compensation after being injured by a minor driver, it must be proven that:
- The minor’s negligence was the indirect cause of the injuries. Establishing negligence is a critical step in all personal injury cases, with the plaintiff bearing the burden of proof.
- The minor was driving with the knowledge and consent of their parents.
Statistics on Teenaged Drivers and Car Accidents in OK
The Oklahoma Highway Safety Office (OHSO) provides annual reports detailing automotive accidents across the state, categorizing crashes by various factors, including driver age. Data from the 2014 OHSO car accident report, the latest available at the time of writing, reveals:
- Drivers, Female, Age 16 – 1,153 accidents
- Drivers, Male, Age 16 – 1,147 accidents
- Drivers, Total, Age 16 – 2,300 accidents
- Drivers, Female, Age 17 – 1,409 accidents
- Drivers, Male, Age 17 – 1,579 accidents
- Drivers, Total, Age 17 – 2,988 accidents
Comparing these figures with those from 2013:
- Drivers, Female, Age 16 – 1,189 accidents
- Drivers, Male, Age 16 – 1,090 accidents
- Drivers, Total, Age 16 – 2,279 accidents
- Drivers, Female, Age 17 – 1,406 accidents
- Drivers, Male, Age 17 – 1,559 accidents
- Drivers, Total, Age 17 – 2,965 accidents
The data does not strongly indicate a specific trend. For instance, the number of accidents involving 16-year-old female drivers decreased in 2014, while those involving 16-year-old male drivers increased. Similarly, accidents involving 17-year-old female drivers remained nearly constant, but those involving 17-year-old male drivers saw an increase. Common causes of teen car accidents include texting while driving, driving under the influence, driver distraction or inattention, and lack of driving experience.
Teen Driving Accident FAQs
What is negligent entrustment?
Negligent entrustment occurs when a vehicle’s owner or someone with control over the vehicle allows another person to use it, knowing or having reason to believe that the person is likely to use the vehicle in a manner that poses an unreasonable risk of harm to others. In Oklahoma, this doctrine can establish a parent’s liability if their minor child causes a car accident.
How can parents reduce their liability risk when their teenager drives?
Parents can reduce their liability risk by ensuring their teenager receives comprehensive driver’s education and training, setting clear rules for vehicle use, and monitoring their teenager’s driving habits. Additionally, parents should refrain from allowing their teenager to drive if the teenager has shown irresponsible or reckless behavior in the past.
What does it mean to be the “proximate cause” of an accident?
The “proximate cause” of an accident refers to an action that indirectly leads to an accident, as opposed to the “actual cause” or direct cause. For example, driver inattention might be the proximate cause of a rear-end collision, while the actual cause is the physical impact between two vehicles.
Can a parent be held liable if they did not own the car their teenager was driving?
Yes, in Oklahoma, a parent can still be held liable under the doctrine of negligent entrustment even if they do not legally own the car. What matters is whether the parents exercised control over the car and were instrumental in providing the vehicle to their teenager.
What should a plaintiff prove to succeed in a lawsuit against a parent for their teenager’s car accident?
To succeed in such a lawsuit, the plaintiff must prove that the teenager’s negligence was the proximate cause of the injuries and that the teenager was driving with the knowledge and permission of their parents. Establishing these elements is crucial for the plaintiff’s case.
Can insurance coverage affect the outcome of a lawsuit involving a teenage driver?
Yes, insurance coverage can significantly affect the outcome of a lawsuit involving a teenage driver. If the teenager is covered under their parent’s insurance policy, the insurance company may handle the claim and provide compensation up to the policy’s limits. However, the specifics of coverage can vary, and in some cases, the parents might still face personal liability.
What are some common defenses parents might use in a lawsuit for their teenager’s car accident?
Parents might defend against a lawsuit by arguing that they did not know their teenager’s reckless or irresponsible behavior, that they did not consent to their teenager using the vehicle at the time of the accident, or that their teenager’s actions were not the proximate cause of the accident.