If the thought of suing a minor unsettles you, rest assured you are not alone. Though no one wants to file a lawsuit against someone who has not reached adulthood, Texas allows such legal actions. In particular, Texas law allows for minors to be sued after car accidents.
What happens if a minor gets in a car accident in Texas?
In Texas, a minor can be sued for damages they caused by a car accident. However, their parents or legal guardians might be held responsible for any damages or injuries caused by the minor’s actions. That would happen if the adult was found negligent. If the minor cannot cover the cost of the damages, the parent might be required to pay.
Yes, Texas allows minors to be sued
It is possible to sue Texas drivers under the age of 18. However, the process of suing a minor, such as a teenage driver, involves complexities. These individuals are not legally capable of making their own decisions. The suing of a minor in the state of Texas, specifically a teenage driver, typically names the driver’s parent as a defendant in the lawsuit.
Texas law also mandates “guardian ad litem”. That means that an adult who represents the interests of the minor must be present throughout the legal process. If the lawsuit leads to a victory against the minor, there is still the hurdle of collecting financial damages. Most minors do not have many assets. That makes the legal proceedings for collecting damages challenging.
Every Texas car owner and driver should be aware that the state’s nuanced rules and procedures differ by jurisdiction. If you are involved in an accident with a minor, the expertise of a local car accident attorney can be helpful.
What is “Guardian Ad Litem”?
Search the web for “sue a minor in Texas” or similar terms and you will find mention of guardian ad litem. This legal term seems complex, but don’t be intimidated by the legalese.
Guardian ad litem is a reference to an individual appointed by the court to represent the minor’s interests. The guardian ad litem named in the lawsuit against a minor involved in a Texas car crash can be anyone ranging from an altruistic volunteer worthy of trust to an attorney or another unbiased person.
If the guardian ad litem is a volunteer, he or she must pass a comprehensive background check to prove trustworthiness. After all, the life chances and financial fate of a minor are on the line.
The overarching aim of the appointment of a guardian ad litem in a case involving a minor is to provide a neutral perspective. The guardian ad litem’s primary role is to provide an unbiased perspective on the child’s best interests throughout the course of personal injury litigation.
Why the parent is the defendant instead of the minor
Parents have a duty of care to others simply because they are parents. Texas law states a parent can be held legally liable for their child’s negligent actions if it is reasonable to assume they were aware of the child’s propensity to harm others.
Texas parents can even be held liable if their minor child causes a car accident. If the crash damages another’s property and the parent was aware that the child was unlicensed or had a track record of negligent acts, that parent can be sued.
The potential for such legal action stems from the Family Purpose Doctrine that states if a minor causes an accident when driving their parent’s car or another family member’s vehicle, the owner of the vehicle can be held legally responsible. However, if opposing counsel proves that the parent named in the lawsuit took reasonable action to prevent their child’s actions from causing harm to others, the case might be dismissed or a ruling might be rendered in favor of the defendant.
As an example, consider a hypothetical situation in which a parent pays for his or her child’s defensive driving lessons. The parent reprimands the child after a speeding ticket. The child defies the parent by taking the family vehicle car keys late at night only to crash into an innocent driver, making the parent the defendant in the case of a negligent driver. In such a situation, the parent might be found innocent if he or she can prove they proactively monitored and tried to prevent further incidents with the child after previous deviant behavior.
Different ways a minor can pay back the cost of damages
Though minors lack life experience, their negligent acts can lead to court-required restitution payments. If the minor is proven negligent, meaning careless, he or she might be required to pay financial restitution to the harmed parties.
Restitution is a means of compensating the crash victim for economic losses, physical injury, property damage and other losses. However, the challenge lies in finding a way to recover money from a minor.
As noted above, most minors lack cash savings, investments and property of value, meaning they are often incapable of paying timely restitution or any restitution at all.
To address this challenge, courts may consider various options. One approach is to require the minor’s parents or guardians to assume responsibility for the restitution payments. As explained above, parents or guardians may be held legally responsible for the negligent acts of their minor children.
Another option is for the court to impose a payment plan that takes into account the minor’s financial situation. This may involve periodic payments over a period of time, allowing the minor to gradually fulfill their restitution obligations.
In some cases, the court may order the minor to perform community service or engage in other activities that benefit the community. This can provide an alternative means of restitution, allowing the minor to contribute to society while also learning from their mistakes.
The specific approach taken by the court will depend on the facts of each case, including the severity of the minor’s negligence, the extent of the damages caused, and the minor’s ability to pay. The goal is to find a solution that ensures the victim receives fair compensation for their damages and losses, while also considering the minor’s age and financial circumstances. Working with an experienced personal injury attorney can help ensure that all eligible expenses are included in the child’s compensation claim and that the minor is held accountable for their actions.
How to sue a minor after a Texas car accident
Initiating a lawsuit against a Texas minor after a car crash requires the guidance of an attorney. Hire one as early on in the process as possible. The process begins with the filing of a formal complaint against the minor’s parent or legal guardian. The harmed party files paperwork in court with the assistance of a Texas personal injury attorney.
The defendant is served with notice of the lawsuit, setting the stage for a court hearing. The service of the suit contains information about the reason for suing, damages sought and supporting evidence.
Every Texas minor is entitled to legal representation for defense in a court of law. The role of the attorney is to guide the minor through the basics of the justice system, inform the defendant of their rights, and present a legal defense. The minor can be sued directly or the plaintiff can sue the minor’s parents.
The direct suing of a minor is a bit more challenging as a favorable judgment might not be enforceable until the minor reaches 18 years of age and begins earning income. However, if you have suffered injuries in an accident caused by a teen driver, whether as a passenger or as an occupant of another vehicle involved in the crash, you may be able to sue the minor for compensation. This may include payment for your medical expenses, lost wages, pain and suffering, and more. As a result, some Texas car crash victims choose to sue minors’ parents as they are more likely to have significant financial assets in the case of a child’s car accident.
Schedule a consultation with a Titanium Law attorney
Our Texas car crash attorneys have one goal in mind: serving justice that takes the form of a check after your wreck. If a minor, adult or other party caused you harm in any way, take action. Contact our Plano personal injury law firm today to schedule a consultation.
You can reach Titanium Law at (972) 565-6160 to get the ball rolling on your case.