Were you hurt in a crash involving a teen driver? If so, you might be wondering whether parents can be liable for 18-year-old car accidents in Mississippi.
While 18-year-olds are generally responsible for their own actions, there are circumstances under which a parent may be liable for their adult child’s negligence. A lawyer can review the details of your situation, identify all possible sources of compensation, and help you move forward with a strong claim.
When Parents May Still Be Liable in Mississippi
When a parent signs a license or permit application for a child under 17 in Mississippi, they assume liability for any harm the child causes through negligence or willful misconduct while driving. This means victims injured by a driver under 17 can pursue claims against both the minor and the parent who signed off on their license or permit.
That parental liability no longer applies once the driver turns 17. However, there are circumstances under which crash victims can hold parents of 17- or 18-year-olds responsible. Two of the most common avenues involve negligent entrustment and insurance coverage.
Negligent Entrustment
Mississippi law recognizes claims against vehicle owners who knowingly allow inexperienced or unfit drivers to borrow their cars. Parents may face liability if they let their 18-year-old children drive their cars despite clear warning signs that those children pose a danger to others. Signs that an 18-year-old might be unfit to drive include:
- Suspended licenses
- Prior reckless driving incidents
- Repeated tickets
- A history of substance abuse
- New drivers without enough driving experience
- Unlicensed drivers
In these cases, the injured victim must show that the parent owned or controlled the vehicle and allowed the 18-year-old to use it despite the risks they posed. Negligent entrustment claims rely on proof of both the parent’s knowledge and their decision to hand over the keys when they knew or should have known about the potential dangers of doing so.
Family Insurance Plans
Even when a parent is not directly liable for an accident caused by an 18-year-old family member, their auto insurance policy might still be obligated to pay for crash-related injuries and property damage. Many policies extend coverage to household members who drive insured vehicles with permission. An accident victim could pursue a claim against this coverage if the parent owns the car involved in the accident or lists their 18-year-old child on a family policy.
How Does Parental Liability Affect My Car Accident Claim?
Parental liability can play a key role in a teen accident claim, depending on the age of the at-fault driver and the circumstances of the crash. In a personal injury claim, you are often limited to the extent of the at-fault party’s assets and insurance coverage. If you are able to hold both the at-fault driver and their parents responsible for your injuries and losses, it may open up additional sources of compensation. This is particularly crucial for collisions caused by 18-year-olds, who often have limited assets.
If a parent owns the vehicle involved in a crash or provides insurance coverage that applies to the 18-year-old driver, you might have ways to pursue compensation from them. A lawyer can determine whether teen driver parent liability applies to your case. If it does, they can work to build a solid claim establishing the parent’s liability and pursue compensation for the full extent of your losses.
How to Establish Liability for a Teen Driver Crash
There are several ways a personal injury lawyer can establish that a parent is responsible for a teen car crash, depending on which legal concept applies:
- Proving negligent entrustment – In these cases, the attorney must prove that the parent owned or controlled the vehicle, allowed the teen to drive, and knew or should have known that their child was particularly at risk of causing an accident. Evidence for negligent entrustment claims can include driving records, accident reports, traffic tickets, testimony of past reckless behavior, or any other information showing the teen’s unfitness to drive.
- Establishing insurance coverage – Your attorney can also examine insurance coverage to establish liability. If the parents’ auto policy extends coverage to household members or explicitly lists the teen, that policy might provide compensation. An experienced lawyer can review policy documents and vehicle ownership records to identify available coverage and build a case that maximizes your financial recovery.
How Long Do Victims Have to File a Claim in Mississippi?
In Mississippi, you generally have three years from the date of a car accident to file a lawsuit for your injuries. If you wait longer than that, the court will likely refuse to hear your case. This would mean losing your chance to recover compensation for medical bills, lost wages, or other costs.
Because of this strict filing deadline, it’s best to contact a car accident lawyer right away after a teen driver crash. They can evaluate the situation, collect the evidence necessary to prove liability, and keep your claim on track. Prompt action on your part gives your lawyer the time they need to build the strongest case possible and protect your right to seek compensation.
Contact Our Gulfport Car Accident Lawyers
You deserve to know what your legal options look like after a car accident with a teen driver. A free consultation with Haug, Farrar, Franco & Ruiz, PLLC gives you the chance to speak directly with a teen accident lawyer about your case and get the straightforward guidance you need.
Our firm has over 10 years of experience protecting car accident victims’ rights after they were injured by someone else’s negligence. In that time, we have recovered millions in fair compensation for injured people across Mississippi. Our dedicated and compassionate service has resulted in many positive testimonials from our clients, who describe us as “very personable, honest, direct, and sincere.”
Call us today at (228) 872-8752 or reach out online for your free consultation to take the first step toward protecting your future.