If you’ve been involved in an Tulsa auto accident involving a teenager, you cannot proceed with suing a minor in Oklahoma. So it seems that the obvious thing to do would be to sue their parents.
However, in Oklahoma, the law is not entirely clear on whether a parent is liable for their child’s negligence while driving.
Several factors may influence a court’s decision to allow a personal injury lawsuit against a minor’s parents.
File a Claim Against the Other Party’s Auto Insurance
At the outset, many complicated legal issues can be avoided if the child is covered by their parent’s auto insurance policy.
Therefore, your attorney should help you determine whether you can simply file a claim with the teen’s insurance company to recover your damages.
Suing a Minor in Oklahoma For Using Family Car Without Parent’s Permission
You probably cannot sue a teenager’s parents if the teen was using the car for his own pleasure and without the parent’s express permission to use the car in such a manner.
Therefore, if a teenager used a vehicle owned by his parents to take his girlfriend on a date but did not get his parent’s express permission to use the car in this manner, you may not be able to sue his parents. (Stumpf v. Montgomery (1924) 101 Okla. 257, 32 A.L.R. 1490, 226 Pac. 65.)
Teenager Was Using Family Car for Personal Use With Parent’s Permission
If, on the other hand, a teenager’s parent gave him permission to use the family car for a personal reason and an accident occurs at that time, the parent’s may be found liable.
For example, if John’s parents allow him to drive the family car to soccer practice, they can be liable if John is involved in an accident on the way to practice.
If, however, John stops at his girlfriend’s house after soccer practice, a court may find that the parents would not be liable for an accident that occurs while he is on his way to his girlfriend’s house. (Dillingham v. Teeter (1923) 91 Okla. 165, 216 Pac. 463, infra)
Teenager Was Using Family Car for Parent’s Benefit
A parent will likely be liable for their teenager’s car accident if it occurred while in the course of handling the parent’s “business.”
Oklahoma courts have defined “business,” in this context as anything that contributes to the parent’s own convenience or pleasure.
It is thus important to determine why the teenager was on the road in the first place, if you want to attempt to sue their parents.
Initial Consultation and Case Evaluation
The law affords everyone an opportunity to have their day in court, even though it cannot involve directly suing a minor in Oklahoma.
If you or someone you know has been hurt due to someone else’s negligence, please contact a Tulsa personal injury attorney to discuss your available legal options.
Consult with an experienced attorney at The Personal Injury Law Office of Tulsa, call today at (918) 924-5528. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
