What Happens When Minors Drive Drunk and Cause Injury?

We all know that DUI is a serious problem, and that if you are injured by someone who is driving under the influence, that you can not only get compensatory damages–but the law treats DUI so seriously, that you could even get punitive damages as well.

We just assume that if a DUI driver hits and injures us, it would have to be someone who can legally drink in the first place. But what if it’s not–what if the person who hit you who was behind the wheel intoxicated, was a minor?

You Can Sue Minors

There is no bar to suing a minor for injuries, if a minor causes you injuries, whether as a result of DUI or anything else. Additionally, many insurance policies may insure everybody who can drive in the household, meaning that the minor would either have his or her own insurance or there may be an insurance policy for an adult in the household that a victim can look to for compensation.

Proving DUI With a Minor Driver

The one difference between adult and minor DUI is that minor DUI is actually easier to prove, because the legal blood alcohol level or BAL for a minor is much less than for an adult: .02.

This is a very small amount of alcohol; almost any amount of liquor or alcohol can raise a minor driver’s BAL to that amount.

Additionally, remember that you are in civil court, not criminal court. That means that you don’t have to prove that the minor was driving under the influence, beyond a reasonable doubt. You just have to show, by 51% or more of the evidence (or a preponderance of the evidence), that the minor was negligently driving the vehicle under the influence.

Suing the Parents

Another difference when an impaired minor hits and injures you, is that you may also be able to reach the parents of the minor–even if they had no idea, and didn’t want their child to be drinking behind the wheel.

Adults can be held liable on theories of negligent entrustment–that is, that the parents knowingly allowed or facilitated a minor to operate a dangerous instrument (in this case, a vehicle).

For vehicles that might be co-titled in an adult and a minor’s name, that also would allow you to sue the parents along with the child–again, raising the chances of a larger recovery, not to mention the availability of insurance coverage.

Dram Shop and Social Host Laws

A victim should also ask, where the minor received the alcohol. While it is difficult to show that the provider of alcohol–for example, a bar, restaurant or in-home party–is liable for the actions of a drunk driver (called dram shop laws), it is easier when the driver is a minor; those serving alcohol have a legal responsibility to check the license and age of those suspected to be drinking underage.

The owners of homes can also be held liable, if they knowingly allowed a minor to illegally get alcohol, and then allowed them to drive their own vehicle off the property.

Injured in a DUI, with a minor or an adult? Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help after your injury or accident.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.2616.html