Parents may be Responsible for Damages for Georgia Car Accidents Involving Their Children
As a Atlanta automobile accident lawyer who practices throughout central and north Georgia, I have handled many personal injury lawsuits where the at fault party to a automobile accident is a minor or a college student driving a vehicle provided to them by one or both of their parents. The question that often arises in these cases is whether the parents of the young drivers are also liable for the damages caused in the accident.
In Georgia, a parent or parents are liable for the injuries and damages caused in an automobile accident by their children if the vehicle being driven can be classified as a "family purpose vehicle." The family purpose doctrine generally provides that when an automobile is maintained by the owner for the use and convenience of his family, the owner is liable for the negligence of a family member having authority to drive the car while it is being used for a family purpose. The courts look to four criteria to determine whether the family purpose doctrine applies:
1. The parent must own or have an interest in or control over the automobile;
2. The vehicle owner must have made the automobile available for family use;
3. The driver must be a member of the owner's immediate household; and
4. The vehicle must be driven with the permission or acquiescence of the owner.
Generally, if the child lives with his or her parents, the parents provide a vehicle for the child for his or her use, the parents retains control over the vehicle, and the child lives in the parents' immediate household, then the parents will likely be responsible for any accident the child has and responsible for any injuries and damages caused in the accident. If any of the criteria are not met, then there is no parent liability.
For example, in the last case I was involved in where the family purpose doctrine looked like it might apply, the driver of the vehicle was a college student at the University of Georgia living in Athens where the accident occurred. In that situation, even though the driver was at the time of the collision living away from home at college, the family purpose rule did apply because the student still had a room at home, received mail there and returned to the residence each holiday and intended to return after he graduated. In that situation, the student had two households, the one at college and the one with his parents.
It is important that if you are in an accident and you hire an attorney to represent you to recover damages for injuries you suffered in the accident, you hire experienced attorneys that know Georgia law and how to properly and successfully pursue a claim under the family purpose doctrine. Sometimes the only way to recover damages is if the parents are proper parties to the claim or lawsuit.
The attorneys in our office have the experience and know how to successfully pursue these claims. We have handled hundreds of claims involving the family purpose doctrine. If you would like to discuss your situation with me directly, please contact me and I would welcome the opportunity to speak with you about these issues and any other that you would like to discuss.
