Legal Question in Civil Litigation in Kansas

Re: Stop son's girlfriend from lending her car

Let's suppose your son is driving his girlfriends' car (with her permission and your knowledge) and he is in a wreck that injures or kills my client. (He is a convicted drunk driver, so he is the cause of the wreck no matter how it happens) I might get nothing from your son, because he would probably be in prison for 5 to 20 years. But I would obtain judgment anyway, garnish his wages and periodically drain his bank accounts for many years.

I would certianly file suit against the girlfriend. And, if the injury resulted in death, I would add a wrongful death claim. I would move the state to suspend her driving license until it is all paid. Those suspensions are often recognized nationwide, and not dischargeable in bankruptcy.

I would garnish her wages, periodiodically drain her bank accounts and put a lein on any house she ever buys. I would press the district attorney to also charge your son with wreckless homocide and her with manslaughter.

It appears from your question that your son lives with you and his girlfriend stays with you on visits. If they could not immediately pay for the the damages, I would sue you and your husband too. You know he is very prone to drunk driving and that she letst him drive her car, then you are an accomplice in the crime resulting in the death of my client, if you did not report it to the authorities each time it happened, or if you let her stay there after she did it the first time. His probation officer would be a witness and tell if you ever spoke to him about your son, without informing that he was driving, in violation of the parameters of his probation. Probation is in place of being in jail where society might be better protected. If you in anyway misled the court (via the probation officer) by telling them anything about his condition without reporting that he was violating the condition not to drive, then you could be found civilly and possibly criminally liable.

I would seek judgement against the two of you, get a judgment lein on your house(s). No title company would permit you to sell or refinance your house until the judgment was paid in full. I would seek to garnish your wages and periodically drain your bank accounts.

Of course this is all hypothetical. I have no Judgemnt, and you owe my client nothing because I have no such actual client. I have not actual client, because as far as I know, your son has not killed anyone yet. But if he did, in the manner described above, all of the above is possible. I commend you for being concerned about your son getting his record clear so that he can become a productive member of society and a son you can be proud of. His driving her car is not a positive step toward that goal.

Can she afford to let him drive her car? That question is up to her. Please tell her what to expect if anything bad happens. But, can you afford to have her at your house?