Most states have parental responsibility laws. They are entitled to a statutory duty to pay damages for injuries or damage caused as part of a restitution action if the child is a victim of negligence or neglect.
Generally, the statutes are applicable to civil and felony conduct. Several states determine what actions a child must take. Florida law covers driving and vandalism. If you have suffered from an injury caused by a child driving a vehicle in Florida, or is a parent liable for damage caused by your child in Florida, you should speak to a local personal injury attorney right away.
Parental Responsibility Laws in Florida
Almost every American state has parental responsibility laws, including Florida.
In Florida, a minor’s (any person under the age of 18) driver’s license application must be signed and verified by a parent or guardian. A certified copy of a U.S. birth certificate, a valid U.S. passport, an alien registration receipt card (green card), a work authorization card issued by the U.S. Department of Homeland Security, or evidence of nonimmigrant classification must be submitted with each application.
Furthermore, Florida Statutes §322.09 states that the parent or guardian is liable if their kid causes any injuries or property damage while driving a motor vehicle due to carelessness and/or intentional misconduct.
In other words, the adult is financially liable, together with the child, for any losses caused by the minor’s carelessness or intentional misbehavior while driving.
That implies the parent is liable for anything from a parking lot fender bender to a drunk driving accident that results in significant harm to other drivers and passengers.
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Children’s Liability Assessment
A child is liable under the law for torts by determining their ability to predict their consequences. In general, the older a child is, the more responsibility is required.
A child who participates in adult activities, including driving a car, must satisfy adult care standards.
In other words, since juveniles are not entitled to title a vehicle in their own name, most minors who cause automobile accidents drive cars titled to one or both parents.
This implies that if your child causes an accident, you will be equally and severally responsible for any damage caused by your child’s carelessness or intentional wrongdoing.
Understanding a Parent or legal guardian’s Potential Liability for a Minor’s “Willful Misconduct” or Negligence in Florida
The laws of parent-child responsibility have been widely adopted throughout the United States. In addition to limiting parental liability in the case of a child causing injuries and/or damage, there is also parental negligence.
Any negligence or willful misconduct of a minor under the age of 18 while driving a motor vehicle on a highway shall be imputed to the person who signed the minor’s application for a permit or license, and that person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.
Parental Responsibility for a Child’s Driving in Florida
Florida’s Parental Responsibility Laws often concentrate on giving particular remedies for specific offenses; nevertheless, there are other common-law laws that may generally hold parents liable for their children’s activities. For example, parents who are aware that their kid has a proclivity to behave recklessly or negligently may be obliged to take reasonable precautions to keep the child from causing foreseeable injury to others.
Assume a parent is aware that their kid is talking on the phone while driving and doing everything but paying attention to the road. Nonetheless, the parents let their youngster drive a car. If the child causes an accident because he or she was distracted by a phone call, the parents may be held liable for permitting the child to drive. Even if Florida’s Parental Responsibility Laws do not apply, parents may be held financially liable for their children’s activities.
Can you Sue a Minor for a Car Accident in Florida?
The law has various criteria for evaluating the culpability of a juvenile in an accident caused by a juvenile. Immature children aged seven and under are seen to be too young to comprehend negligence, so they are often not held accountable.
However, if it is demonstrated that the parents or legal guardians failed to appropriately watch the kid, they may be held accountable for their carelessness.
When a kid is old enough to understand the difference between right and wrong, he or she may be held liable for harm if it can be demonstrated that his or her conduct was deliberate. A youngster, for example, might purposefully damage another child or hurl an item at a moving car, causing it to crash. In certain cases, both the kid and the parents may be held liable for the losses.
Older children are often found accountable for negligence if it is proved that they did not take reasonable precautions to be as cautious as other children their age would be. When children reach their adolescent years, they are held to the same standard as adults. When a kid operates a car and causes an accident, he or she is held to the same standards as an adult.
Call Your Local Crestview Personal Injury Attorney Today!
Parental Responsibility Laws sometimes concentrate on giving particular remedies for specific offenses; nevertheless, there are common law laws that may generally hold parents liable for their children’s activities. For example, parents who are aware that their kid has a proclivity to behave recklessly or negligently may be obliged to take reasonable precautions to keep the child from causing foreseeable injury to others.
Assume a parent is aware that their kid is talking on the phone while driving and doing everything but paying attention to the road. Nonetheless, the parents let their youngster drive a car.
If the teen causes an accident because he or she was distracted by a phone call, the parents may be held liable for permitting the child to drive. Even if Florida’s Parental Responsibility Laws do not apply, parents may be held financially liable for their children’s activities.
If you have been hurt as a result of a child’s careless or malicious behavior, you should contact a personal injury attorney as soon as possible.
Consult with an attorney even if you are not certain whether you have a case. You have nothing to lose since the first consultation is free.
If you do have a case, your Crestview personal injury attorney will fight for the money you deserve for medical costs, missed earnings, and other expenses.
Remember, you don’t have to pay anything unless your case is won. Don’t put it off. Make that call right now!