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Injured by a Teenaged Driver? Parents May be Liable
Parents may be liable for damages caused by drivers under 18 in Florida.
December 04, 2011 /Transportation and Trucking PR News/ -- One of the most exciting times for a teenager is finally getting that license to drive. No more mom or dad taking them from place to place. Whether it is driving to school, work or to a friend's house, they have the freedom to go wherever they want with anyone they want. It is one of the first steps toward becoming an adult.
Parents of teen drivers often worry about their child's safety while behind the wheel. With so many potential distractions like texting or talking while driving, inexperienced drivers may find themselves in accidents that are easily preventable. While many of these accidents are minor, occasionally they may cause serious injury or property damage. When this occurs, parents have an even greater concern. Florida has very specific laws in place regarding liability for car accidents or injuries caused by minor drivers.
Minors must have a father, mother, or, if unavailable, guardian or other adult sign their application for a driver's license. The person signing the application will be responsible, along with the minor, for damages that the minor causes as a result of negligence or willful misconduct. The minor needs this signature before he or she will receive a license or learner's permit.
The law was originally designed by legislators as a way to ensure that those drivers who were not yet 18 received continued instruction as they gained experience behind the wheel. Because the adults were able to control who drove the vehicle, the idea was to make them financially responsible for any accidents that resulted. If the minors were not yet capable of driving, the law would make the adults think twice before letting the minor drive.
Perhaps the most famous example of parental liability in Florida is the lawsuit involving Hulk Hogan's son, Nick. Nick, 17, was allegedly drag racing his friends when he was involved in a one-car accident in 2007. The passenger in the vehicle, John Graziano, suffered a serious brain injury in the crash. The injuries he sustained have required extensive rehabilitation, which is still ongoing. The family sued the Hogans for compensation finally settling the lawsuit with all parties in 2010.
While this high-profile incident brought increased attention to this law, many people still are unsure exactly what their financial obligations will be if there is an accident. There have been several court cases that attempted to further define the scope of the statute. One of the biggest issues that went through the courts concerns the damages that will be available to someone who has been injured by a minor driver.
A 1985 Florida Court of Appeals case, Hartford Accident and Indemnity Company v. Ocha, first addressed this issue. The injured party was awarded compensatory damages for injuries suffered in a car accident. Compensatory damages involve repayment for any expenses, medical bills or other actual expenses incurred by the injured party. In addition, they also received punitive damages as a way of penalizing the minor who was driving at the time. The punitive damages award was appealed.
In general, parents are not held liable for the torts of their children. This statute was a slight departure from that general rule, which caused the courts to read the rule very narrowly. The victims in the case argued that the misconduct by the defendant was willful, which allowed for a recovery of additional damages. The court felt that this was irrelevant, because the statute was designed to make the responsible adult pay for actual damages only, not damages that were designed to punish the wrongdoer.
If you are in an accident, be sure to exchange insurance information with the other driver. Contact the local law enforcement agencies to ensure that a report will be on file, as it may be invaluable if the matter ends up being litigated. Take pictures of the damage to your vehicle. Most importantly, seek medical attention for your injuries. If you wait too long to see a doctor, you may be unable to connect your injuries to the accident.
If the accident involved a minor driver, contact an experienced personal injury attorney in your area to understand the options available to you. Auto accidents can become quite complicated, and insurers may try to get you to settle for less than your case is worth.
Article provided by Hale & Paulsen, P.A.
Visit us at www.yourtrialattorneys.com/
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