Legal Question in Personal Injury in Texas

Being responsible when a parent has a car accident and injures another person

I have an elderly father who doesn't drive well but insists he drives fine. I have power of attorney for my

parents, I am on all their bank accounts, IRA's, safety deposit box, and cemetery lot deeds. If my father has an automobile accident and kills or injures someone, can I be held responsible in Texas and

be sued. My name is not on their automobile policy as far as I know. It was suggested that I get an

umbrella policy to protect me since he insists on driving. Thank you.


Asked on 1/29/01, 9:30 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Being responsible when a parent has a car accident and injures another perso

It is a good idea to have the umbrella policy, as you could run afoul of the "Family Purpose Doctrine" which can provide liability when one family member permits another to drive knowing there is great risk. His license should be suspended.

It would be a better idea for you to contact your local Sheriff's Office and inform them of an unsafe driver. You can do this anonymously. DPS should also be notified.

You do not want your father killed, or other innocent persons whom he could kill or injure. There are alternative arrangements for transportation for your father which can be made.

It is a difficult decision. Make it. I did.

Good luck.

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Answered on 3/12/01, 1:50 pm


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