Can Parents Be Sued For Their Child’s Car Accident?

When a child drives, Maryland parents may face repercussions under specific legal doctrines. Under the law, parental responsibility can extend to legal liability for accidents.

This article examines the grounds for parental liability in Maryland and outlines situations where the law might hold parents accountable for their child’s car accident.

Legal Basis for Parental Liability

Overview of Parental Responsibility

In Maryland, parental liability for a car accident involving a child isn’t automatic. It depends on the circumstances, the parent’s involvement, and particular legal doctrines.

These doctrines govern parental liability for a child’s driving. (More on these doctrines below.) Rather than general vicarious liability, a parent’s knowledge and actions determine their accountability.

Specific Laws in Maryland

Maryland law outlines the situations when parents can be held liable for their child’s car accident. In essence, the state emphasizes parental knowledge and involvement in their child’s driving. Liability hinges on whether the parent’s actions contributed directly to the accident. 

For parents allowing their child to drive, understanding these principles is important as these doctrines can have potential legal and financial consequences for them.

Circumstances Under Which Parents Can Be Sued

Negligent Entrustment

Negligent entrustment in Maryland can hold parents liable if they knowingly allow their child to drive while being aware that the child is unfit to drive. This applies when the child has a history of reckless driving, is inexperienced, or is otherwise incapable of driving safely. 

The standard for proving negligent entrustment is high. There must be evidence that the parent had actual knowledge of the child’s incompetence or recklessness to be liable under negligent entrustment. The plaintiff must show that the parent knew or should have known that the child posed a risk. This requires specific knowledge, such as prior accidents or traffic violations. 

So, parents must carefully assess their child’s driving readiness before allowing them to drive. Otherwise, they could be held liable for any accidents.

Family Car Doctrine

The family car doctrine can result in parental liability in Maryland, but its application is limited. Under this legal principle, a parent may be liable if they own the vehicle involved in the accident and if it was provided for family use.

Parental liability under this doctrine depends on whether the vehicle was used for family activities. So, parental ownership isn’t enough. In Maryland, this doctrine requires that the parent must maintain control and approve or consent to the vehicle’s use for family purposes.

If a minor uses the family car for non-family activities or uses it without consent, the family car doctrine may not apply.

Direct Parental Negligence

Direct parental negligence occurs when a parent’s actions or inactions contribute to an accident. For example, if a parent knowingly allows their teen to drive despite a history of reckless driving, they could be held directly negligent.

However, not every failure to supervise results in liability, i.e., liability under this doctrine isn’t automatic. In Maryland, this doctrine requires a clear connection between the parent’s behavior and the accident. 

Liability depends on the parent’s direct involvement or failure to supervise, which leads to the child’s dangerous conduct. There must be evidence that the parent’s negligence—such as ignoring repeated traffic violations—was a proximate cause of the accident.

Defenses Available to Parents

Lack of Ownership

A strong defense for parents is proving they did not own or control the vehicle involved in the accident. If a third party, such as a friend, owns the car and it was used without the parent’s knowledge or consent, the parent may avoid liability.

Lack of Consent

Parents can also defend against liability by showing they did not consent to their child using the vehicle. If the child drove without permission or against explicit instructions, the parent might not be held liable. Courts will consider whether the parent took reasonable steps to prevent unauthorized driving and whether the child acted independently.

Independent Actions of the Child

In some instances, parents can argue that the child’s actions were independent, severing the link between parental responsibility and the accident. If a child engages in reckless behavior on their own, this defense can shift liability away from the parent.

Insurance Considerations

Parental Insurance Coverage

Parental insurance is essential when a minor is involved in an accident. Parents need to understand how their policies cover such incidents:

• Primary Coverage: Most policies cover any household member, including minors driving an insured vehicle.
• Coverage Limits: It’s essential to know your coverage limits as exceeding them can lead to significant financial exposure.
• Exclusions: Some policies may exclude or impose conditions on coverage for minor drivers, which can impact coverage during an accident.

Impact of Lawsuits on Insurance

A lawsuit over a child’s car accident can significantly affect a parent’s insurance:

• Premium Increases: If found liable, parents can expect higher premiums.
• Policy Cancellation: Insurers might cancel policies if they think the risk is too high.
• Future Coverage: A history of liability claims can make securing affordable insurance more difficult.

Steps Parents Can Take to Mitigate Risk

Educating and Supervising Young Drivers

Parents can reduce risk by actively educating and supervising their young drivers:

• Driver’s Education: Enroll teens in driver’s ed to ensure they understand road rules.
• Set Expectations: Establish rules like no texting, obeying speed limits, and driving safely.
• Monitor Habits: Regularly check driving behavior, either by riding along or using tracking technology.

Understanding and Reviewing Insurance Policies

Understanding insurance policies is key to ensuring proper coverage:

• Review Policies: Regularly check policy details, especially coverage and exclusions for young drivers.
• Consult an Agent: Discuss the best coverage options with an insurance agent, including any necessary add-ons.

Legal Advice and Proactive Measures

Parents can implement a driving contract between them and their child to set clear expectations. However, even with a contract, parents could still be held liable under negligent entrustment or direct negligence if they allow their child to drive despite knowing significant risks. So, it doesn’t legally shield them from liability. 

A better plan of action is to take proactive steps to educate and supervise young drivers and ensure the family has adequate insurance coverage. These steps offer Maryland parents better protection from legal and financial risks. 

However, the best action a parent can take is to fully understand the legal implications of allowing a minor to drive. Consulting with The Law Offices of Nicholas A. Parr, specializing in personal injury and liability law can provide critical insights for protecting family and individual legal interests. Legal advice tailored to your specific situation can further help mitigate potential liabilities, providing peace of mind as your teen navigates the responsibilities of driving.