Accidents involving children add a layer of complexity to the intricate workings of personal injury civil laws. If the child or minor caused an accident, as a general rule parents are not considered to be vicariously responsible or liable for their actions except under certain distinct circumstances discussed below. If the child or minor was injured in an accident then they have the same right to compensation as adults, even though they are not themselves personally responsible for paying the related medical bills.

Parental Liability in Accidents Caused by Children

Accidents caused due to the negligence of a child which harm those outside of the family are typically covered under the parent or guardian's homeowner's insurance policy. In this case the parents are indirectly held responsible for compensating those injured by their child but not considered to be legally liable.

An exception to this rule is if the child was engaged in an activity at the direct request and indirect supervision of their parent at the time of the accident that caused the injury or damage. For example, if the child was running an errand exclusively for the parent and at the parent's direction when the accident occurred, the parents can be held responsible for their child's actions. This situation is called an "agency relationship" and is similar to the responsibility of an employer for the employee's actions during the course of a work situation.

Parents may also be considered legally responsible to financially compensate those injured by their child if they had knowledge of their child's prior misconduct and fail to reasonably restrain their progeny of the time of the accident. For this accusation to hold, the plaintiffs must prove that the parent had a reasonable duty to restrain their child and failed to restrain them whether or not the accident in question was foreseeable, an example might be, if a parent allowed their child to play with fireworks unattended and the result was a serious burn injury caused to another child outside of the family.

Finally, parents are held under statutory liability in situations where their child engages in something called "willful misconduct," which refers to acts above ordinary negligence such as vandalism. Statutory liability typically has a cap of $25,000 to compensate those injured by a minor.

Parental Liability for Driving Accidents Involving Minors

Many states followed the Family Car Doctrine in cases of liability for car accidents involving minors. The family car doctrine holds the owner of the family car responsible for any damages caused by the car driven by any family member, whether or not this number is listed on their automobile insurance policy.

Parental Liability for Children Injured in Accidents

Unless the parent of the injured child has been clearly negligent or malicious in their actions at the time of the accident that caused the injury, they will not be held legally liable - criminally or personally - for those injuries. Their child has the right to seek the advice of an injury attorney and sue those responsible for compensation for pain and suffering, medical bills and loss of future earnings; parents or guardians also have the right to sue or seek a settlement far and the medical costs they personally paid off for the child's injury. In most cases a settlement is preferable to a lawsuit so as not to further stress the injured child.