In July 2016, a fourteen-year-old driver crashed a vehicle near Caledon, Ontario, causing the death of their twelve-year-old passenger. Just a few weeks earlier, police in Texas followed a twelve-year-old girl who ‘borrowed’ her grandmother’s car to take a joy ride with her five-year-old sister and drove in excess of 100 miles per hour. A July 26 CBC News story reported that OPP officers acknowledge that tragic accidents involving minor drivers are unfortunately not an isolated occurrence.

While we always hope for and anticipate a safe journey every time we get behind the wheel of a car or ride along as a passenger, unfortunately, accidents sometimes happen. If you are lucky, the accident is minor and results in no injuries and little damage to the vehicle. Unfortunately, many motor vehicle accidents result in costly property damage as well as significant injuries for one or more accident victims. In many of these instances, the injured person will make a claim for damages with the negligent party’s insurer, to recover compensation for any losses they have suffered. However, what happens when the negligent party in an accident is a minor? Can you still file a claim against an underage negligent driver? The simple answer is yes, you can. However, there are some specific factors which one should be aware of and understand.

When it comes to cases of negligence involving minors, liability is based on a standard of reasonable care, as are accidents caused by adults. However, the same level of care or prudence that is expected of an adult cannot be applied to minors because the law recognizes that adults have (or should have) an understanding of risks inherent in driving, while minors may not have the same level of knowledge or experience. That said, different standards are applied to different age groups.

A very young child, 7 and under, who may have inadvertently caused an accident by running onto the road, will not be held liable because they are considered too young to understand the potential results of their actions. On the other hand, the child’s parent or guardian may be held liable for failing to supervise a child when their actions resulted in injury to another person. This issue of parental liability for accidents caused by a minor is addressed in Ontario’s Parents Responsibility Act (2000).

Parental Liability is the legal responsibility parents have for the negligent acts of their children. Responsibility for these acts can be transferred from child to parent, at which point the parent becomes liable. The circumstances of the child’s actions will determine the existence and degree of parental liability. In most cases, to hold parents liable for injuries caused by their children, a victim must prove that the parents’ negligence contributed to their child’s actions.

Under Ontario’s Parents Responsibility Act (2000), parents are held financially responsible for property loss, damage or destruction intentionally caused by their children who are under 18 years of age. However, decisions are made on a case-by-case basis.  Judges will often consider a few key factors, such as:

• Minor’s age
• Minor’s prior conduct
• Potential danger of the activity minor was engaging in
• Minor’s mental or physical capacity
• Any psychological disorders affecting minor
• Whether minor was under direct supervision of parent at the time when the damage or loss occurred
• Whether parent made reasonable arrangements for supervision

Accident victims who are injured by the negligent or irresponsible actions of a child may be reluctant to pursue an injury claim due to the the minor’s age. However, injured persons should be aware that everyone has a right to claim compensation for injuries and associated losses they have suffered as a result of another person’s negligent actions, regardless of the age of the responsible person.  What many people don’t realize is that in many cases there is insurance coverage available to the liable individual (parent or child) through automobile or a homeowner’s policy. It is up to the courts to decide whether the young person who caused the injury should have been aware of the potential risks of their actions and also, whether their parents or guardians are liable for the injuries.  Some of the scenarios that may result in injuries caused by a child are: snowmobile accidents involving young drivers (whether underage or of legal age, 12 and older); and motor vehicle accidents involving minor drivers who ‘borrowed’ their parent’s vehicle; and acts of vandalism or negligence that result in injuries to other parties. Even if one young person pushes another into the path of a moving vehicle, that act of pushing can be covered under the child’s parent’s homeowner’s insurance.

The fact of the matter is that young drivers are at a higher risk for accidents even when they are of legal age to drive, largely due to their inexperience in responding to sudden events that may arise on the road, as well as a lack of caution or prudence. Whether an accident was caused by a negligent adult or minor, the impact of serious injuries can be devastating and long-lasting, both for an accident victim and their family.  In many cases, an injured person suffers a loss of income, medical and rehabilitation expenses, family expenses, pain and suffering, as well as other losses, for which they are entitled to be compensated.

At Burn Tucker Lachaîne, we have a long and successful history of representing clients who were injured in motor vehicle collisions, slips and falls, and other accidents. Our hardworking team of personal injury lawyers understands the emotional and physical toll an accident has on injured persons and their loved ones. That is why we dedicate ourselves to supporting our clients throughout the claims process, by helping to establish relationships with respected medical professionals and ensuring that our clients are well-informed of progress on their claim and of any issues that may affect their case. If you or someone you love was hurt in an accident as a result of another’s negligence, please do not hesitate to call  Burn Tucker Lachaîne today to find out about your legal right to compensation.

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