Many automobile accidents in Atlanta often involve minors or college students who are driving their parents’ cars. When an accident like this occurs, there is always the question of whether or not the parents of the child involved can be liable for the damages caused in the accident.
Under Georgia law, a parent or parents can be held liable for damages in an accident involving their child if the vehicle involved can be classified as a “family purpose vehicle.” Under the family purpose doctrine, if an automobile is maintained by the owner for the express purpose of his of her family’s convenience, the owner is then liable for any negligence on the part of his or her family that leads to an accident.
Once an accident involving a minor occurs, the courts will look at four criteria to determine whether or not the family purpose doctrine applies to the case in question:
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 have control over the vehicle, and the child lives in the parents’ immediate household, then the parents will likely be held responsible for accidents the child has. They will, therefore, be responsible for any injuries and damages caused in the accident. However, if any of the aforementioned criteria are not met, then there is no parent liability, and the minor will be the only responsible party for the damages caused in the accident.
If you have been injured in a car accident, you should consult with an attorney so that you can recover damages for the injuries you have suffered. Sometimes the only way to recover damages is if the parents are proper parties to the claim or lawsuit. Experienced personal injury attorneys can help you determine whether or not the family purpose doctrine applies to your case and can help you get the compensation you deserve.
Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.
