Parent and Guardian Liability for the Acts of Their Children: Part III
Parental Liability for Minors Operating Motor Vehicles in Tennessee
Before a minor can receive an instruction permit or driver’s license, the application for licensure must be signed under oath by a parent, stepparent, grandparent or guardian. By signing the application, the parent or guardian assumes financial responsibility for the child’s driving behavior and also agrees to file proof of insurance on behalf of the minor until he or she reaches the age of 18. Failure to provide insurance verification will result in the cancellation of the minor’s driving privileges.
Included in the responsibilities assumed by the parent or guardian is the imputation of civil liability onto the signatory for any negligent or willful misconduct for which the minor driver is responsible. If, for example, the child was involved in a Tennessee motor vehicle accident and alcohol was involved, the parent would be liable for any and all damages resulting from the child’s reckless driving.
Even if a parent or other family member did not sign off on the child’s application for licensure, the parent can still be liable under the theory of negligent entrustment. In a Tennessee motor vehicle accident, a parent or guardian may be legally responsible for the fault of his or her child driver if:
- the parent or household member gave permission to the minor to use the vehicle; and
- the incompetence of the minor was the legal cause of the injuries to the plaintiff.
A parent can also be responsible for their child’s negligent operation of a vehicle if facts support a finding that the parent or guardian negligently supervised the child. See Part I and Part II for more information on the elements of negligent supervision.
The family purpose doctrine is yet another theory of liability. For liability to attach under this doctrine, the head of the household must:
- maintain the vehicle for the purpose of providing pleasure or comfort to his or her family, and
- the child driver was using the vehicle at the time of the injury-producing accident in furtherance of that purpose and
- with either the express or implied permission of the owner.
If you have been involved in an East Tennessee motor vehicle accident of which the other driver was a child, there is a good chance that his or her parent or guardian will be responsible for your injuries if the child negligently or recklessly operated the vehicle. Let us know if this is the case, and we can explore your legal options together. Call Baker Associates now for your free case evaluation.
