Earlier this month, several individuals were injured in a vehicle collision near the Mid-Bay Bridge in Okaloosa County, Florida. According to one local news report, a young driver was severely injured when she was unable to control her vehicle when she was approaching a turn near the bridge. The 17-year-old girl was proceeding north on State Road 293 when she entered the curve. After swerving, she lost control of her 1997 Lexus and slammed into two cars driving in the southbound lanes. One of those cars ended up hitting a fourth car.
The teenage driver of the Lexus suffered severe injuries and was taken to a local medical center. The young man driving the first vehicle that was hit did not suffer any injuries. However, the Marietta teenagers in the third car were injured and taken to another hospital. Police report that the teenager was charged with failing to maintain lane of travel. There are no recent updates on the conditions of the injured individuals.
Suing Parents in Georgia for the Negligent Acts of Their Children
In the above case, the driver of the car was 17, and there is some question about whether the victims may be able to sue her or her parents due to her age and minor status. However, there are many situations in which a minor commits a tortious act, and the question of who the actual culpable party is, and who can be sued, is often asked.
In Georgia, there are some interesting issues regarding when parents can be sued because of the acts of their children. Georgia often imposes the “tender years” doctrine regarding the standard of care for children of a young age. In most situations, a child who is up to the age of four is considered incapable of negligence. However, even in situations where the child is incapable of negligence, there is still a question as to whether their parent or guardian breached a duty in regard to supervision of the child. Furthermore, in Georgia, a child who ranges from age five through 13 may still be found liable for their own comparative negligence.
Another theory under which a child may be held liable for a negligent act that results in injury is if the child was engaged in “adult activities.” This means that if a child is engaged in an adult activity, such as driving a car, their conduct may be held to an adult standard. Teenagers age 14 and above are almost always held to the adult standard of ordinary and due care.
There are many other issues that arise when a child is involved in a car wreck claim, and it is important that an accident victim contact an attorney to discuss a claim of this nature.
Have You Been Injured Because of the Negligence of Another?
If you or a loved one has been injured because of the negligence of another, you should consider contacting a personal injury attorney to discuss your case. There are many complex factors when a child is the culpable party or even when a child is a victim. An attorney can assist you in preparing your case. If you are successful, you may be entitled to monetary damages for the injuries you or your child sustained in the accident. Contact Miller Legal Services today at 770-284-3727 to schedule your free initial consultation.
See Related Blog Posts:
Georgia Man Killed in Out-of-State Car Accident, Marietta Personal Injury Lawyer Blog, August 12, 2015.
Atlanta Driver Arrested After Driving Wrong Way on Highway, Marietta Personal Injury Lawyer Blog, July 8, 2015.