Legal Question in Personal Injury in Texas
Who is responsible?
My so was 17 at the time of the accident. His girlfriend stopped dead infront of him prior to an intersection. Although he is responsible for the accident because he rear-ended her, neither him or his girlfriend had insurance. He is willing to pay for the damages but it will take time, he is still in school and just started his 1st job, but they want to sue me because he hasn't enough money to pay all of it right now. They want it all now, cuz they did not have full coverage on a car they are still paying on and that is the one she was driving at the age of 16. So in Texas my son is an adult at the age of 17. He was driving a car that was paid in full and was in his name. It was his car. Can they sue me? His mom? Who is responsible?
2 Answers from Attorneys
Re: Who is responsible?
In Texas, parents of a "minor" may be sued for the negligence of that minor. Unfortunately for you, in Texas a minor is any child under the age of 18.
Re: Who is responsible?
First, you make an incorrect assumption. Although your son likely was negligent when he plowed into her rear end, there are cases where the front car driver has been found to be the party with the greater degree of negligence, especially if the sudden stop was unreasonable. Thus, he probably is liable for her damage, but not necessarily so. Contrary to what you say, your son is not an adult unless he has married or has a court order removing his disabilities (meaning making him an adult).
You and your son's mother are not liable for damages caused by your son unless you or she was negligent, such as bestowing a car on an unqualified driver such as a notorious drunk or a known dangerous or careless driver. Of course that does not mean that you cannot be sued, it merely means that they likely will not win in a suit against you or the mother.
Your son may have some problems under the financial responsibility law for not having insurance, but that is another story.
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