Many individuals may not think that a child stealing a parent's car is a common occurrence. However, when these situations occur, they can raise serious questions and concerns about liability and the necessary steps to take to recover.
According to ABC7 News, it was reported that two children of the ages of 7 and 4 took their parents' vehicles and proceeded to drive a couple of blocks down their road. Their vehicle was struck by another car as well as a woman who was with her dog. Understanding vehicle collisions, especially when dealing with minors, is important in making sure you maintain the safety of children, other drivers, and pedestrians on the road.
Vehicle Collisions with Minors
Ordinary automobile accident cases often focus on whether a driver acted carelessly. The Oakland crash, however, is different because the alleged driver was reported to be a child.
A child's age is often relevant when evaluating responsibility. As a result, a young child usually cannot be evaluated in exactly the same way as a licensed adult driver.
Who is to be Held Responsible?
Oftentimes, responsibility is difficult to determine, especially when dealing with vehicle collision cases involving minors. It is important to note that if a child causes an accident, it does not automatically make a parent legally responsible for the injuries and damage that may follow.
However, parental behavior may become extremely relevant during the investigation of the case. Oftentimes, investigators may question whether the parents knew or reasonably should have known that their children might try to access or operate their vehicle. In addition, evidence of previous attempts to take the keys, play inside the vehicle, or start the vehicle could potentially affect the analysis. The following are other questions that may arise during these types of cases.
- Where were the vehicle keys kept?
- How did the children get them?
- Had either child tried to operate the vehicle before?
- Were there previous incidents that could have alerted the parents to the risk?
- Who was supervising the children?
- Was the vehicle secured?
- What insurance policies potentially apply?
It is also important to note that these questions do not establish liability on their own. Every case is unique, and each requires an evaluation of its own facts and legal considerations.
Understanding Negligence in these Cases
One potential issue in a case involving very young children is negligent supervision. Parents and guardians usually have responsibilities when it comes to making sure their children are not getting involved in dangerous acts. Whether supervision was adequate often depends on the specific events, including but not limited to the following.
- Child’s age
- Previous behavior
If evidence showed that the children had previously tried to take the vehicle or that adults were aware of behavior creating a similar risk, those facts could potentially become significant. Negligent Entrustment: An Overview
Negligent entrustment is another legal theory sometimes introduced when an owner allows an unsafe or unqualified person to operate a vehicle. In the Oakland case, it was reported that the children took the vehicle while their parents were sleeping. Therefore, whether negligent entrustment applies would require careful evaluation of the evidence and facts of this specific case.
Insurance Coverage
For someone seriously injured by a vehicle, identifying available insurance coverage is often one of the first steps in evaluating a potential claim. An attorney may examine the automobile policy covering the vehicle involved in the collision, exclusions contained within the policy, household coverage issues, and potentially other applicable insurance.
Depending on the injured person's own insurance coverage, uninsured or underinsured motorist requirements may also need to be reviewed. Coverage should not be assumed simply because a vehicle was insured. Insurance policies contain terms and exclusions that may become extremely important when a vehicle is operated without permission or by an unlicensed minor.
When a Pedestrian is Struck by a Vehicle
A pedestrian struck by a moving vehicle may experience significant physical, financial, and personal consequences. Depending on the circumstances, recoverable damages in a California personal injury claim may potentially include medical expenses, future medical care, lost income, reduced earning capacity, pain and suffering, and other losses supported by the evidence.
The availability and amount of any recovery depend on the facts, applicable insurance, legal responsibility, and the evidence establishing the person's losses.
Speaking to a Personal Injury Attorney
When a vehicle collision occurs, it may be necessary to seek legal guidance and support to help victims understand their case and the legal process. A qualified attorney may be able to review the facts of your case, speak to insurance companies, and help you understand your rights during the claims process. This is essential when dealing with the hardships and difficulties of a car accident. Oftentimes, determining who is to be held accountable may be complicated and require extensive evidence and analysis.
The Legal Team at KAASS LAW
At KAASS LAW, we understand the challenges of dealing with the consequences of a car accident. Our personal injury attorneys are ready to help victims during the legal process by providing them guidance and support. Vehicle collision cases may be difficult to navigate alone. That is where KAASS LAW comes in. If you or a loved one has been involved in a car accident, our legal team is here to help. Call KAASS LAW today for a confidential consultation.