Making sense of this maze is necessary for victims of accidents caused by minors as they try to decide whether or not to sue for damages.
Let’s look at Louisiana laws pertaining to parental responsibility and how you can pursue compensation when a teen driver causes an accident. A car accident lawyer in Lafayette can help you weigh your options and make an informed decision.
Parental Liability For Accidents Caused By Teen Drivers
In many states, parents can be held legally responsible for the intentional actions of their minor children that cause injuries or damage. Children typically do not have their own financial resources, and it would be unfair to burden the victims with the costs resulting from someone else’s actions.
Imposing liability on parents ensures that those injured through no fault of their own receive some form of compensation.
Parental legal responsibility for injuries caused by children strikes a balance between protecting those who suffer harm and encouraging proper parental supervision. It recognizes the financial limitations of minors and holds parents accountable for their role in preventing harm.
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ClientCan I Sue a Teenager if They Cause a Crash?
In Louisiana, parents may find themselves facing legal issues if their child is involved in a car accident. One such issue is parental liability, where parents can be held legally responsible for their child’s car wreck.
Two main legal theories can determine whether parents are financially accountable for their child’s car accident: negligent entrustment and vicarious liability.
- Vicarious liability: holds parents legally responsible for their child’s actions while operating a vehicle. This theory is based on the idea that parents have a duty to supervise and control their children’s activities and should be accountable for any harm caused by those activities.
- Negligent entrustment: occurs when a parent knowingly allows their child to use a vehicle despite knowing that the child is incompetent or unfit to operate it safely. If it can be proven that the parent should have known about their child’s incompetence or unfitness and still allowed them to drive, then the parent could be held liable for any resulting accidents and damages.
Typically, a parent’s insurance policy will cover damages in a car accident claim. However, there are other options. A personal injury lawyer in Lafayette can help you understand the legal remedies available for pursuing compensation under these theories.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientLouisiana Law Regarding Parental Responsibility
According to Louisiana Civil Code 2318:
“The father and the mother are responsible for the damage occasioned by their minor child, who resides with them or who has been placed by them under the care of other persons, reserving to them recourse against those persons. However, the father and mother are not responsible for the damage occasioned by their minor child who has been emancipated by marriage, by judgment of full emancipation, or by judgment of limited emancipation that expressly relieves the parents of liability for damages occasioned by their minor child.”
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Long Do I Have to Sue a Minor For a Car Accident They Caused in Louisiana?
The statute of limitations for personal injury claims in Louisiana is significantly shorter compared to most other states in the United States. With just a one-year window from the date of the accident or event causing the injuries, you have limited time to take legal action.
The one-year statute of limitations in Louisiana can create challenges. It requires you to promptly gather evidence, assess their injuries, and consult with an attorney within a short timeframe. Failing to meet this deadline can result in losing the right to claim compensation.
It is essential for anyone involved in an accident or incident that causes harm to understand these time constraints. Seek help from a Lafayette car accident attorney as soon as possible to avoid missing deadlines within this legal timeframe.
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ClientWhat Damages Are Available if a Minor Caused a Car Accident?
Here are the types of damages that may be available if a teen driver caused a car accident in Louisiana:
- Medical bills: This includes expenses for doctors, hospitals, medications, physical therapy, medical equipment, and more resulting from injuries in the crash.
- Lost wages: If the injuries prevented working, compensation for missed pay during treatment and recovery can be claimed.
- Property damage: Repair or replacement costs for a damaged vehicle, along with diminished value after repairs are made.
- Pain and suffering: Compensation for physical and emotional distress from injuries like pain, scarring, PTSD, disfigurement, etc.
- Permanent disability: Impairments reducing future earning capacity or ongoing lifestyle limitations have higher values.
- Future medical bills: Estimated costs for any continuing treatment needs throughout the claimant’s lifetime.
- Wrongful death: Funeral costs, loss of financial support, and mental anguish for families of a person killed in the accident.
- Legal fees: Actual costs of hiring an attorney, filing suit, and litigating the case can be included.
An experienced personal injury attorney can help establish value for each category of damages relative to the specifics of the case.
Contact a Personal Injury Law Firm for a Free Consultation
Louisiana has some specific rules when it comes to determining responsibility after an accident involving a teenage driver. Making sense of it all after such a stressful event can feel overwhelming.
That’s where our team at Laborde Earles can help. With our extensive experience handling all types of car wreck claims in Louisiana, including those against young motorists, you can feel confident you’re in good hands.
We’ll take the time to thoroughly review the specifics of your case and explain your potential options. Whether it’s through insurance or litigation, our goal is to maximize your financial recovery. Contact us today. We’re here to help get you the resolution you need.
